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Texas Transportation Code - TRANSP § 522.105. Disqualification of Driver

Current as of January 01, 2024 | Updated by Findlaw Staff

(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,  1 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.

(d) An appeal of a disqualification under this section is subject to Sections 524.041-524.044.

1  V.T.C.A., Transportation Code § 724.031 et seq. and § 724.041 et seq.
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Cite this article: FindLaw.com - Texas Transportation Code - TRANSP § 522.105. Disqualification of Driver - last updated January 01, 2024 | https://codes.findlaw.com/tx/transportation-code/transp-sect-522-105/

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