Texas Transportation Code, Chapter 524
Administrative Suspension of Driver’s License for
Failure to Pass Test for Intoxication

Texas Transportation Code, § 524.039

  1. Notwithstanding Section 524.038, if not later than the fifth day before the date of a scheduled hearing the department receives from the person who requested a hearing written notice, including a facsimile transmission, requesting the presence at the hearing of the breath test operator who took the specimen of the person's breath to determine alcohol concentration or the certified breath test technical supervisor responsible for maintaining and directing the operation of the breath test instrument used to analyze the specimen of the person's breath, or both, each requested person must appear at the hearing.
  2. The department may reschedule a hearing once not less than 48 hours before the hearing if the person requested to attend under Subsection (a) is unavailable.  The department may also reschedule the hearing on showing good cause that the person requested under Subsection (a) is not available at the time of the hearing.

back to table of contents

Law Awards

Awards given to our attorneys for excellence.

Michael Burnett -

  • Recognized in 2008 and 2005 as a "Rising Super Lawyer" by Texas Monthly.
  • A.V. Rated by Martindale-Hubbell

Jeffrey David Miller -

  • Recognized in 2008 as a "Rising Star Super Lawyer" by Texas Monthly Magazine.
  • Elected in 2008 as a Fellow of the Texas Bar Association.