Texas statute
Tex. Transp. Code § 524.012 — Department's determination for driver's license suspension
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 524: ADMINISTRATIVE SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO PASS TEST FOR INTOXICATION, Texas Transportation Code.
Full text of Tex. Transp. Code § 524.012
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(a) On receipt of a report under Section 524.011 , if the officer did not serve a notice of suspension of driver's license at the time the results of the analysis of a breath or blood specimen were obtained, the department shall determine from the information in the report whether to suspend the person's driver's license. (b) The department shall suspend the person's driver's license if the department determines that: (1) the person had an alcohol concentration of a level specified by Section 49.01 (2)(B), Penal Code, while operating a motor vehicle in a public place or while operating a watercraft; or (2) the person was a minor on the date that the breath or blood specimen was obtained and had any detectable amount of alcohol in the minor's system while operating a motor vehicle in a public place or while operating a watercraft. (c) The department may not suspend a person's driver's license if: (1) the person is an adult and the analysis of the person's breath or blood specimen determined that the person had an alcohol concentration of a level below that specified by Section 49.01 (2)(B), Penal Code, at the time the specimen was taken; or (2) the person is a minor and the department does not determine that the minor had any detectable amount of alcohol in the minor's system when the minor was arrested. (d) A determination under this section is final unless a hearing is requested under Section 524.031 . (e) A determination under this section: (1) is a civil matter; (2) is independent of and is not an estoppel to any matter in issue in an adjudication of a criminal charge arising from the occurrence that is the basis for the suspension; and (3) does not preclude litigation of the same or similar facts in a criminal prosecution.
Official sources
This reference is informational and is not legal advice.