Tex.
Transp. Code Section 724.012
Taking of Specimen
(a)
One or more specimens of a person’s breath or blood may be taken if the person is arrested and at the request of a peace officer having reasonable grounds to believe the person:(1)
while intoxicated was operating a motor vehicle in a public place, or a watercraft; or(2)
was in violation of Section 106.041 (Driving or Operating Watercraft Under the Influence of Alcohol by Minor), Alcoholic Beverage Code.(a-1)
A peace officer shall require the taking of a specimen of the person’s blood if:(1)
the officer arrests the person for an offense under Chapter 49 (Intoxication and Alcoholic Beverage Offenses), Penal Code, involving the operation of a motor vehicle or a watercraft;(2)
the person refuses the officer’s request to submit to the taking of a specimen voluntarily;(3)
the person was the operator of a motor vehicle or a watercraft involved in a collision that the officer reasonably believes occurred as a result of the offense; and(4)
at the time of the arrest, the officer reasonably believes that as a direct result of the collision any individual has died, will die, or has suffered serious bodily injury.(b)
Subject to Subsection (a-1), a peace officer shall require the taking of a specimen of the person’s breath or blood under any of the following circumstances if the officer arrests the person for an offense under Chapter 49 (Intoxication and Alcoholic Beverage Offenses), Penal Code, involving the operation of a motor vehicle or a watercraft and the person refuses the officer’s request to submit to the taking of a specimen voluntarily:(1)
the person was the operator of a motor vehicle or a watercraft involved in a collision that the officer reasonably believes occurred as a result of the offense and, at the time of the arrest, the officer reasonably believes that as a direct result of the collision an individual other than the person has suffered bodily injury and been transported to a hospital or other medical facility for medical treatment;(2)
the offense for which the officer arrests the person is an offense under Section 49.045 (Driving While Intoxicated with Child Passenger) or 49.061 (Boating While Intoxicated with Child Passenger), Penal Code; or(3)
at the time of the arrest, the officer possesses or receives reliable information from a credible source that the person:(A)
has been previously convicted of or placed on community supervision for an offense under Section 49.045 (Driving While Intoxicated with Child Passenger), 49.061 (Boating While Intoxicated with Child Passenger), 49.07 (Intoxication Assault), or 49.08 (Intoxication Manslaughter), Penal Code, or an offense under the laws of another state containing elements substantially similar to the elements of an offense under those sections; or(B)
on two or more occasions, has been previously convicted of or placed on community supervision for an offense under Section 49.04 (Driving While Intoxicated), 49.05 (Flying While Intoxicated), 49.06 (Boating While Intoxicated), or 49.065 (Assembling or Operating an Amusement Ride While Intoxicated), Penal Code, or an offense under the laws of another state containing elements substantially similar to the elements of an offense under those sections.(c)
Except as provided by Subsection (a-1), the peace officer shall designate the type of specimen to be taken.(d)
In this section, “bodily injury” and “serious bodily injury” have the meanings assigned by Section 1.07 (Definitions), Penal Code.(e)
A peace officer may not require the taking of a specimen under this section unless the officer:(1)
obtains a warrant directing that the specimen be taken; or(2)
has probable cause to believe that exigent circumstances exist.
Source:
Section 724.012 — Taking of Specimen, https://statutes.capitol.texas.gov/Docs/TN/htm/TN.724.htm#724.012 (accessed Jun. 5, 2024).
