Texas Transportation Code, Chapter 724 – Implied Consent

Texas Transportation Code, § 724.042
ISSUES AT HEARING

The issues at a hearing under this subchapter are whether:

  1. reasonable suspicion or probable cause existed to stop or arrest the person;
  2. probable cause existed to believe that the person was:
    1. operating a motor vehicle in a public place while intoxicated; or
    2. operating a watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above while intoxicated;
  3. the person was placed under arrest by the officer and was requested to submit to the taking of a specimen; and
  4. the person refused to submit to the taking of a specimen on request of the officer.

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