Sec. 724.042. ISSUES AT HEARING. The issues at a hearing under this subchapter are whether:
(1) reasonable suspicion or probable cause existed to stop or arrest the person;
(2) probable cause existed to believe that the person was:
(A) operating a motor vehicle in a public place while intoxicated; or
(B) operating a watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above while intoxicated;
(3) the person was placed under arrest by the officer and was requested to submit to the taking of a specimen; and
(4) the person refused to submit to the taking of a specimen on request of the officer.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 444, Sec. 12, eff. Sept. 1, 2001.
Structure Texas Statutes
Title 7 - Vehicles and Traffic
Subtitle J - Miscellaneous Provisions
Section 724.041. Hearing on Suspension or Denial
Section 724.042. Issues at Hearing
Section 724.043. Findings of Administrative Law Judge
Section 724.044. Waiver of Right to Hearing
Section 724.045. Prohibition on Probation of Suspension
Section 724.046. Reinstatement of License or Issuance of New License
Section 724.048. Relationship of Administrative Proceeding to Criminal Proceeding