Texas Transportation Code, Chapter 724 – Implied Consent

Texas Transportation Code, § 724.012
TAKING OF SPECIMEN

  1. One or more specimens of a person's breath or blood may be taken if the person is arrested and at the request of a peace officer having reasonable grounds to believe the person:
    1. while intoxicated was operating a motor vehicle in a public place, or a watercraft; or
    2. was in violation of Section 106.041, Alcoholic Beverage Code.
  2. A peace officer shall require the taking of a specimen of the person's breath or blood if:
    1. the officer arrests the person for an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or a watercraft;
    2. the person was the operator of a motor vehicle or a watercraft involved in an accident that the officer reasonably believes occurred as a result of the offense;
    3. at the time of the arrest the officer reasonably believes that as a direct result of the accident:
      1. any individual has died or will die; or
      2. an individual other than the person has suffered serious bodily injury; and
  3. the person refuses the officer's request to submit to the taking of a specimen voluntarily.
  4. The peace officer shall designate the type of specimen to be taken.
  5. In this section, "serious bodily injury" has the meaning assigned by Section 1.07, Penal Code.

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