Tex. Codes » Transportation Code · TITLE 7. VEHICLES AND TRAFFIC · SUBTITLE J. MISCELLANEOUS PROVISIONS · CHAPTER 724. IMPLIED CONSENT
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Tex. Transp. Code § 724.031 (2026)

Statement Requested On Refusal

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Sec. 724.031. STATEMENT REQUESTED ON REFUSAL. If a person refuses the request of a peace officer to submit to the taking of a specimen, the peace officer shall request the person to sign a statement that:

(1) the officer requested that the person submit to the taking of a specimen;

(2) the person was informed of the consequences of not submitting to the taking of a specimen; and

(3) the person refused to submit to the taking of a specimen.

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

Notes of Decisions
Cited in 26 cases, 1996–2020 · leading case: Texas Dep't of Pub. Saf. v. Caruana, 363 S.W.3d 558 (Tex. 2012).
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Texas Dep't of Pub. Saf. v. Caruana, 363 S.W.3d 558 (Tex. 2012). · cites it 2× “See TEX. TRANSP. CODE § 724.042; Tex. Dep't of Pub.”
Texas Dep't of Pub. Saf. v. Caruana, 363 S.W.3d 606 (Tex. App.—Austin 2010). · cites it 2× “[4] See Tex. Transp. Code Ann. §§ 724.031 -.064 (West 1999 & Supp.”
Texas Dep't of Pub. Saf. v. Varme, 262 S.W.3d 34 (Tex. App.—Houston [1st Dist.] 2008). “See Tex. TRAnsp. Code Ann. §§ 724.031 -.035(a)(l) (Vernon 1999 & Supp.”
Texas Dep't of Pub. Saf. v. Salas, 977 S.W.2d 845 (Tex. App.—Austin 1998). · cites it 2× “Salas’s driver’s license was' suspended after a hearing by the State Office of Administrative Hearings (“SOAH”), pursuant to Texas Transportation Code section 724.031 et seq.”
Ex parte Alt, 958 S.W.2d 948 (Tex. App.—Austin 1998). “See Tex. Transp. Code Ann. §§ 724.031 -.048 (West 1998).”
Texas Dep't of Pub. Saf. v. Lavender, 935 S.W.2d 925 (Tex. App.—Waco 1997). “886, § 9, 1993 Tex.Gen. Laws 3515, 3524 repealed by Act of May 1,1995, 74th Leg.”
Texas Dep't of Pub. Saf. v. O'Donnell, 998 S.W.2d 650 (Tex. App.—Fort Worth 1999). · cites it 2× “At her county court at law hearing, O’Donnell argued that the Department did not prove Cullop complied with Texas Transportation Code Section 724.031.”
Thomas v. State, 990 S.W.2d 858 (Tex. App.—Dallas 1999). · cites it 2× “The State charged appellant with the criminal offense of driving while intoxicated. Also, because appellant refused to take the in-toxilyzer test, he was subject to having his driver’s license suspended under provisions in the Texas Transportation Code.”
Texas Dep't of Pub. Saf. v. Penn Alfonso Jenkins, 60 S.W.3d 304 (Tex. App.—Austin 2001). “RehTex. Transp. Code Ann. §§ 724.031 .035 (West 1999 & Supp.”
Ex parte Wilkinson, 952 S.W.2d 9 (Tex. App.—San Antonio 1997). “Tex. Transp. Code Ann. § 724.048 (a)(3) (Vernon Pamph.”
Lacey Lauren Young v. State, No. 09-18-00452-CR (Tex. App.—Beaumont Dec. 30, 2020). “In the questions submitted to the jury in the charge, the jury was asked to decide whether Young was intoxicated based on “not hav[ing] the normal use of 4 See Tex. Transp. Code Ann. § 724.031 -.032. 6 mental or physical faculties by reason of the introduction of alcohol…into…”
Texas Dep't of Pub. Saf. v. Albert Salas, No. 03-98-00027-CV (Tex. App.—Austin Oct. 1, 1998). · cites it 2× “Salas appealed to the Travis County Court at Law on the basis that the Department lacked authority to suspend his license because the hearing was held more than forty days after he was served with notice of suspension, in violation of section 724.”
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