Applied to suspension of a license for refusal to submit or take a specimen, apply *ONLY* to a
person arrested for an offense involving the operation of a Motor Vehicle/Watercraft powered
with an engine having a manufacturers rating of *___HP or above* - answer✔50HP or Above
Consent to taking of specimen - TC 724.011
(a) If a person is arrested for acts alleged to have been committed while the person was
operating a motor vehicle in a public place, or a watercraft, while intoxicated, the person is
deemed to have *consented* to submit to the taking of *one or more* specimens of the
person's _______ or _______ for analysis to determine the alcohol concentration or the
presence in the person's body of a *controlled substance, drug, dangerous drug, or other
substance.* - answer✔Breath or Blood
Consent to taking of specimen - TC 724.011
(b) A person arrested for an offense ____ consent to submit to the taking of *any other type*
of specimen to determine the person's alcohol concentration. - answer✔MAY
Taking of specimen - TC 724.012
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: -
answer✔- (1) while intoxicated was operating a motor vehicle in a public place, or a watercraft;
or
-(2) was in violation of Section 106.041, Alcoholic Beverage Code. *(Driving or operating
watercraft under the influence by a minor)*
Taking of specimen - 724.012
A peace officer *SHALL* require the taking of a specimen of the persons *BLOOD* if: -
answer✔- An officer arrest the person for the offense of intoxication while operating a MV or
watercraft
- Person refuses request to submit to the taking of a specimen voluntarily
- Person was the operator of a MV or watercraft who is involved in an accident that occurred as
the result of the offense
- At time of arrest, as a direct result of accident, an individual *Has died, will die or has suffered
SBI*
Taking of specimen - 724.012
b) A peace officer *shall* require the taking of a specimen of the person's *breath or blood*
and the *person refuses* the officer's request to submit to the taking of a specimen voluntarily:
- answer✔- The person was the operator of a MV or watercraft involved in an accident that
occurs as a direct result of the offense at the time of the arrest, that as a direct result of the
accident an individual *other than the person*, has suffered *BI* and has been *transported to
the hospital or other medical facility*
Prohibition on taking specimen if person refuses; exception - TC 724.013
True/False: A specimen *MAY NOT* be taken if a person refuses to submit to the taking of a
specimen designated by a peace officer - answer✔True
Person incapable of refusal - TC 724.014
True/False: A person who is dead, unconscious, or otherwise incapable of refusal is considered
*NOT* to have withdrawn the consent - answer✔True
Person incapable of refusal - TC 724.014
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