Tex. Codes » Transportation Code · TITLE 7. VEHICLES AND TRAFFIC · SUBTITLE J. MISCELLANEOUS PROVISIONS · CHAPTER 724. IMPLIED CONSENT
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Tex. Transp. Code § 724.061 (2026)

Admissibility Of Refusal Of Person To Submit To Taking Of Specimen

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Sec. 724.061. ADMISSIBILITY OF REFUSAL OF PERSON TO SUBMIT TO TAKING OF SPECIMEN. A person's refusal of a request by an officer to submit to the taking of a specimen of breath or blood, whether the refusal was express or the result of an intentional failure to give the specimen, may be introduced into evidence at the person's trial.

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

Notes of Decisions
Cited in 107 cases (5 in the last 5 years), 1997–2025 · leading case: Bartlett v. State, 270 S.W.3d 147 (Tex. Crim. App. 2008).
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Bartlett v. State, 270 S.W.3d 147 (Tex. Crim. App. 2008). · cites it 4× “At trial, the evidence of his refusal to submit to a breath test was admitted into evidence under Texas Transportation Code Section 724.061.”
Rodriguez v. State, 191 S.W.3d 428 (Tex. App.—Corpus Christi 2006). · cites it 6× “[25] TEX. TRANSP. CODE ANN. § 724.061 (Vernon 1999).”
Standefer v. State, 59 S.W.3d 177 (Tex. Crim. App. 2001). · cites it 2× “See TEX. CODE CRIM. PROC., Art. 38.14. [28] Judge Johnson makes a number of unsound arguments in her dissent.”
Texas Dep't of Pub. Saf. v. Gilfeather, 293 S.W.3d 875 (Tex. App.—Fort Worth 2009). · cites it 4× “[2] See Tex. Transp. Code Ann. § 724.061 (Vernon 1999).”
Zavala v. State, 89 S.W.3d 134 (Tex. App.—Corpus Christi 2002). · cites it 2× “Even though the evidence is sufficient to show appellant was intoxicated at the time of his arrest, and that he did drive a vehicle, the question more precisely before us is whether we must consider whether the evidence is sufficient to show that appellant drove while he was…”
Williams v. State, 946 S.W.2d 886 (Tex. App.—Waco 1997). · cites it 2× “Laws 1025 , 1871 (current version at Tex Transp. Code Ann. § 724.061 (Vernon Supp.”
Jacob Matthew Kiffe v. State, 361 S.W.3d 104 (Tex. App.—Houston [1st Dist.] 2011). “See Tex. Transp. Code § 724.061; Bartlett v. State, 270 S.”
Vargas v. State, 271 S.W.3d 338 (Tex. App.—San Antonio 2008). · cites it 4× “Application of Texas Transportation Code Section 724.061 Vargas concedes that his refusal to submit to a breath test is admissible evidence, but argues that the trial court may not instruct the jury regarding the defendant’s failure to submit to a breath test.”
Lewis v. State, 191 S.W.3d 335 (Tex. App.—Waco 2006). · cites it 2× “The odor of an alcoholic beverage on Lewis's breath and his bloodshot eyes are indicators of intoxication. And finally, Lewis's refusal to provide a breath specimen for the intoxilyzer at the county jail may be considered as evidence of intoxication.”
Brodrick Dechone Delane v. State, 369 S.W.3d 412 (Tex. App.—Houston [1st Dist.] 2012). · cites it 2× “ref'd) (concluding that officer’s testimony “that an individual is intoxicated is probative evidence of intoxication”); see also Tex. Transp. Code Ann. § 724.061 (Vernon 2011) (“A person’s refusal of a request by an officer to submit to the taking of a specimen of breath or…”
Perez v. State, 495 S.W.3d 374 (Tex. App.—Houston [14th Dist.] 2016). “Tex. Transp. Code § 724.061 (West 2011); see also Bartlett v.”
Donna Jean Dill v. State, 355 S.W.3d 778 (Tex. App.—Houston [1st Dist.] 2011). “See Tex. Transp. Code Ann. § 724.061 (Vernon 2011); Bartlett, 270 S.”
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