Tex. Codes » Transportation Code · TITLE 7. VEHICLES AND TRAFFIC · SUBTITLE J. MISCELLANEOUS PROVISIONS · CHAPTER 724. IMPLIED CONSENT

Tex. Transp. Code § 724.016

Breath Specimen

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Sec. 724.016. BREATH SPECIMEN. (a) A breath specimen taken at the request or order of a peace officer must be taken and analyzed under rules of the department by an individual possessing a certificate issued by the department certifying that the individual is qualified to perform the analysis.

(b) The department may:

(1) adopt rules approving satisfactory analytical methods; and

(2) ascertain the qualifications of an individual to perform the analysis.

(c) The department may revoke a certificate for cause.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Notes of Decisions
Cited in 34 cases (1 in the last 5 years), 1997–2024 · leading case: State v. Robinson
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State v. Robinson (2011) texcrimapp · cites it 2× “1995) (scientific reliability of intoxilyzer test is established so long as the proponent of evidence of the test results shows that the provisions of predecessor to TEX. TRANSP. CODE § 724.016 were satisfied).”
Shpikula v. State (2002) texapp · cites it 2× “Tex. TRANSp. Code AnN. § 724.016 (Vernon 1999).”
Karl Frederick Schultz v. State (2014) texapp · cites it 4× “See Tex. Transp. Code Ann. § 724.016 (a) (Vernon 2011).”
Scillitani v. State (2011) texapp · cites it 2× “” Tex. Transp. Code Ann. § 724.016 (b)(1) (West 2011).”
Reynolds v. State (2006) texcrimapp “See Tex. Transp. Code § 724.016(a) ("A breath specimen taken at the request or order of a peace officer must be taken and analyzed under rules of the [DPS] by an individual possessing a certificate issued by the department certifying that the individual is qualified to perform…”
Scherl v. State (1999) texapp “1993) (current version at Tex. Transp. Code Ann. § 724.016 (a) (Vernon 1999)).”
Elio Raul Trigo v. State (2016) texapp “3d at 390 ; Tex. Transp. Code Ann. § 724.016 (a) (West 2011)).”
Andrew J. Serrano v. State (2015) texapp “” Tex. Transp. Code Ann. § 724.016 (West 2011).”
Adams v. State (2002) texapp “Tex. Transp. Code Ann. § 724.016 (Vernon 1999); Atkinson, 923 S.”
Davis v. State (1997) texapp “Laws 1025 , 1822 (current version Tex. Transp. Code Ann. § 724.016 (Vernon 1997)); see also Atkinson, 923 S.”
Texas Department of Public Safety v. Kusenberger (2000) texapp “See Tex. Trans. Code Ann. § 724.016 (breath); id.”
Solomon Getachew Worku v. State (2014) texapp · cites it 2× “Appellant argues this is conclusive proof that he was not observed for 15 minutes prior to taking the breath test.”
Show all 34 citing cases →
— Tex. Transp. Code § 724.016(a) — 3 cases
Reynolds v. State (2006) texcrimapp “See Tex. Transp. Code § 724.016(a) ("A breath specimen taken at the request or order of a peace officer must be taken and analyzed under rules of the [DPS] by an individual possessing a certificate issued by the department certifying that the individual is qualified to perform…”
Karl Frederick Schultz v. State (2014) texapp “See Tex. Transp. Code Ann. § 724.016 (a) (Vernon 2011).”
Reynolds II, Jerry Glenn (2006) texcrimapp
— Tex. Transp. Code § 724.016(b)(1) — 3 cases
Scillitani v. State (2011) texapp “” Tex. Transp. Code Ann. § 724.016 (b)(1) (West 2011).”
Karl Frederick Schultz v. State (2014) texapp
State v. Arturo Gonzalez (2014) texapp
— Tex. Transp. Code § 724.016(b)(2) — 1 case
State v. Arturo Gonzalez (2014) texapp
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