Texas Transportation Code

§ 522.105 — DISQUALIFICATION OF DRIVER

TN § 522.105Title 7. VEHICLES AND TRAFFIC · Part B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS · Ch. 522. COMMERCIAL DRIVER'S LICENSES · Art. I. DRIVING WHILE HAVING ALCOHOL, CONTROLLED SUBSTANCE, OR DRUG IN SYSTEM

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(a)On receipt of a report under Section 522.104, the department shall disqualify the person from driving a commercial motor vehicle under Section 522.081 beginning on the 45th day after the date the report is received unless a hearing is granted.

(b)Except as provided by Subsection (c), the procedure for notice and disqualification under this section is that specified by Subchapters C and D, Chapter 724, or Chapter 524.

(c)The department shall disqualify the person from driving a commercial motor vehicle for the period authorized by this chapter if, in a hearing held under this section, the court finds that:

(1)probable cause existed that the person was driving a commercial motor vehicle while having alcohol, a controlled substance, or a drug in the person's system;

(2)the person was offered an opportunity to give a specimen under this chapter; and

(3)the person submitted a specimen that disclosed an alcohol concentration of 0.04 or more or refused to submit a specimen.

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Legislative history

Acts 2015, 84th Leg., R.S., Ch. 752 (H.B. 1888), Sec. 36, eff. January 1, 2016.