Sec. 724.035. SUSPENSION OR DENIAL OF LICENSE


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  • (a) If a person refuses the request of a peace officer to submit to the taking of a specimen, the department shall:

    (1) suspend the person's license to operate a motor vehicle on a public highway for 180 days; or

    (2) if the person is a resident without a license, issue an order denying the issuance of a license to the person for 180 days.

    (b) The period of suspension or denial is two years if the person's driving record shows one or more alcohol-related or drug-related enforcement contacts, as defined by Section 524.001(3), during the 10 years preceding the date of the person's arrest.

    (c) A suspension or denial takes effect on the 40th day after the date on which the person:

    (1) receives notice of suspension or denial under Section 724.032(a); or

    (2) is considered to have received notice of suspension or denial under Section 724.033.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.163, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1013, Sec. 35, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 444, Sec. 10, eff. Sept. 1, 2001.