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

Texas Transportation Code, § 524.041
APPEAL FROM ADMINISTRATIVE HEARING

  1. A person whose driver's license suspension is sustained may appeal the decision by filing a petition not later than the 30th day after the date the administrative law judge's decision is final. The administrative law judge's final decision is immediately appealable without the requirement of a motion for rehearing.
  2. A petition under Subsection (a) must be filed in a county court at law in the county in which the person was arrested or, if there is not a county court at law in the county, in the county court. If the county judge is not a licensed attorney, the county judge shall transfer the case to a district court for the county on the motion of either party or of the judge.
  3. A person who files an appeal under this section shall send a copy of the petition by certified mail to the department and to the State Office of Administrative Hearings at each agency's headquarters in Austin. The copy must be certified by the clerk of the court in which the petition is filed.
  4. The department's right to appeal is limited to issues of law.
  5. A district or county attorney may represent the department in an appeal.

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