Texas Codes
Tex. Transp. Code § 724.014 (2026)
Person Incapable Of Refusal
✓ laws through the 89th Legislature (2025)
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Sec. 724.014. PERSON INCAPABLE OF REFUSAL. (a) A person who is dead, unconscious, or otherwise incapable of refusal is considered not to have withdrawn the consent provided by Section 724.011.
(b) If the person is dead, a specimen may be taken by:
(1) the county medical examiner or the examiner's designated agent; or
(2) a licensed mortician or a person authorized under Section 724.016 or 724.017 if there is not a county medical examiner for the county.
(c) If the person is alive but is incapable of refusal, a specimen may be taken by a person authorized under Section 724.016 or 724.017.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Notes of Decisions
Cited in 10
cases, 1999–2016 · leading case: State v. Jose Ruiz, 509 S.W.3d 451 (Tex. App.—Corpus Christi 2015).
State v. Jose Ruiz, 509 S.W.3d 451 (Tex. App.—Corpus Christi 2015). “See Tex. Transp. Code Ann. § 724.014 (a) (“A person who is dead, unconscious, or otherwise incapable of refusal is considered not to have withdrawn the consent provided by Section 724.”
Knisley v. State, 81 S.W.3d 478 (Tex. App.—Dallas 2002). “The withdrawal of consent statute, entitled “Person Incapable of Refusal,” provides in part that “[a] person who is dead, unconscious, or otherwise incapable of refusal is considered not to have withdrawn consent provided by section 724-.”
State v. Amaya, 221 S.W.3d 797 (Tex. App.—Fort Worth 2007). “” Tex. Transp. Code Ann. § 724.014 (emphasis added).”
State v. Lindsey Brynne Southwell, 395 S.W.3d 189 (Tex. App.—Waco 2012). “” Tex. Transp. Code Ann. § 724.014 (West 2011); State v.”
Ruiz, Jose, No. PD-1362-15 (Tex. Crim. App. Oct. 19, 2015). “6 Tex. Transp. Code § 724.014(a) ..........”
Alfredo Ayala v. State, No. 03-14-00320-CR (Tex. App.—Austin Apr. 7, 2016). “See Tex. Transp. Code § 724.014(a). As a preliminary matter, we note that no argument was made before the suppression ruling that the blood draw was authorized under section 724.”
Frank Moya v. State, No. 03-97-00667-CR (Tex. App.—Austin Feb. 11, 1999). “Assuming without deciding that appellant was too incapacitated to give his consent, Texas Transportation Code section 724.014 provides that a person who is unconscious or otherwise incapable of refusing to consent is still "considered not to have withdrawn consent" under section…”
State v. Gabriel Pimentel, No. 08-13-00081-CR (Tex. App.—El Paso June 25, 2015). “TEX.TRANSP.CODE ANN. § 724.014(a). Section 724.”
State v. Terry Shannon Baker, No. 12-12-00092-CR, 2013 WL 5657649 (Tex. App.—Tyler Oct. 16, 2013). “See TEX. TRANSP. CODE ANN. § 724.014(b), (c) (providing that the officer has discretion to designate whether breath sample or blood specimen shall be taken).”
State v. Jose Ruiz, No. 13-13-00507-CR (Tex. App.—Corpus Christi Aug. 27, 2015). “2 These sections involve the procedures for taking a sample and qualifications of the person taking 4 See TEX. TRANSP. CODE ANN. §§ 724.014(a), (c) (West, Westlaw through Ch.”
Tex. Transp. Code § 724.014(a): 6 cases
State v. Jose Ruiz, 509 S.W.3d 451 (Tex. App.—Corpus Christi 2015). “See Tex. Transp. Code Ann. § 724.014 (a) (“A person who is dead, unconscious, or otherwise incapable of refusal is considered not to have withdrawn the consent provided by Section 724.”
Knisley v. State, 81 S.W.3d 478 (Tex. App.—Dallas 2002). “The withdrawal of consent statute, entitled “Person Incapable of Refusal,” provides in part that “[a] person who is dead, unconscious, or otherwise incapable of refusal is considered not to have withdrawn consent provided by section 724-.”
Ruiz, Jose, No. PD-1362-15 (Tex. Crim. App. Oct. 19, 2015). “6 Tex. Transp. Code § 724.014(a) ..........”
Alfredo Ayala v. State, No. 03-14-00320-CR (Tex. App.—Austin Apr. 7, 2016). “See Tex. Transp. Code § 724.014(a). As a preliminary matter, we note that no argument was made before the suppression ruling that the blood draw was authorized under section 724.”
State v. Gabriel Pimentel, No. 08-13-00081-CR (Tex. App.—El Paso June 25, 2015). “TEX.TRANSP.CODE ANN. § 724.014(a). Section 724.”
Tex. Transp. Code § 724.014(b): 1 case
State v. Terry Shannon Baker, No. 12-12-00092-CR, 2013 WL 5657649 (Tex. App.—Tyler Oct. 16, 2013). “See TEX. TRANSP. CODE ANN. § 724.014(b), (c) (providing that the officer has discretion to designate whether breath sample or blood specimen shall be taken).”
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