Sec. 524.035. HEARING. (a) The issues that must be proved at a hearing by a preponderance of the evidence are:
(1) whether:
(A) 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
(B) 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; and
(2) whether reasonable suspicion to stop or probable cause to arrest the person existed.
(b) If the administrative law judge finds in the affirmative on each issue in Subsection (a), the suspension is sustained.
(c) If the administrative law judge does not find in the affirmative on each issue in Subsection (a), the department shall:
(1) reinstate the person's driver's license; and
(2) rescind an order prohibiting the issuance of a driver's license to the person.
(d) An administrative law judge may not find in the affirmative on the issue in Subsection (a)(1) if:
(1) the person is an adult and the analysis of the person's breath or blood determined that the person had an alcohol concentration of a level below that specified by Section 49.01, Penal Code, at the time the specimen was taken; or
(2) the person was a minor on the date that the breath or blood specimen was obtained and the administrative law judge does not find that the minor had any detectable amount of alcohol in the minor's system when the minor was arrested.
(e) The decision of the administrative law judge is final when issued and signed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 27, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 444, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1348 (S.B. 328), Sec. 16, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 3, eff. September 1, 2023.
Notes of Decisions
Texas Dep't of Pub. Saf. v. Alford, 154 S.W.3d 133 (Tex. App. 2005).
· cites it 10× “As a conclusion of law, the decision says " Based on the foregoing, the Judge concludes the Department proved the issues set out in Tex. Transp. Code Ann. § 524.035 or 724.042 and that Defendant's license is subject to a suspension for 2 years pursuant to Tex.”
Texas Dep't of Pub. Saf. v. Moore, 175 S.W.3d 270 (Tex. App. 2004).
· cites it 5× “Based on the foregoing, the Judge concludes that the Department proved the issues set out in TEX. TRANSP. CODE ANN. § 524.035 or 724.042 but that Defendant's affirmative defense of necessity applies.”
Ex Parte Serna, 957 S.W.2d 598 (Tex. App. 1997).
· cites it 6× “21 (West 1996). [25] See TEX. GOV'T CODE ANN.”
Texas Dep't of Pub. Saf. v. Cortinas, 996 S.W.2d 885 (Tex. App. 1998).
· cites it 3× “See Tex.Transp.Code Ann. § 524.035(a). In this case, the record of the administrative hearing reflects substantial evidence of all of these elements.”
Texas Dep't of Pub. Saf. v. Caruana, 363 S.W.3d 606 (Tex. App. 2010).
· cites it 2× “See Tex. Transp. Code Ann. § 524.035 (providing that "reasonable suspicion to stop or probable cause to arrest the person" must be proved by preponderance of evidence at administrative hearing in order to sustain license suspension).”
Theresa G. Stowers v. Texas Dep't of Pub. Saf., 465 S.W.3d 257 (Tex. App. 2015).
· cites it 5× “CONCLUSIONS OF LAW Based on the foregoing, the Judge concludes the Department proved the issues set out in Tex. Transp. Code Ann. § 524.035 and that Defendant’s license is subject to a suspension/denial for 90 days pursuant to Tex.”
Mata v. State, 13 S.W.3d 1 (Tex. App. 1999).
· cites it 2× “In Mireles, appellant's driver's license was suspended by an administrative law judge pursuant to Tex. Transp. Code Ann. § 524.035 (a)(1) (Vernon 1999), which permits such suspension on proof that the person operated a motor vehicle on a public highway at a time when his BAC was.”
— Tex. Transp. Code § 524.035(a) — 10 cases
Texas Dep't of Pub. Saf. v. Cortinas, 996 S.W.2d 885 (Tex. App. 1998).
“See Tex.Transp.Code Ann. § 524.035(a). In this case, the record of the administrative hearing reflects substantial evidence of all of these elements.”
— Tex. Transp. Code § 524.035(a)(1) — 2 cases
— Tex. Transp. Code § 524.035(a)(1)(A) — 1 case
— Tex. Transp. Code § 524.035(a)(2) — 1 case
— Tex. Transp. Code § 524.035(b) — 1 case
— Tex. Transp. Code § 524.035(c) — 1 case
— Tex. Transp. Code § 524.035(d) — 1 case
— Tex. Transp. Code § 524.035(e) — 1 case
Ex Parte Serna, 957 S.W.2d 598 (Tex. App. 1997).
“21 (West 1996). [25] See TEX. GOV'T CODE ANN.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.