TEXAS [CLASS Note: Repealed by Acts 1997, 75th Leg., ch. 1013, §41, effective Sept. 1, 1997.]



SUBTITLE B. Driver's Licenses And Personal Identification Cards

CHAPTER 521. Driver's Licenses And Certificates

SUBCHAPTER N. General Provisions Relating to License Denial, Suspension, or Revocation

§521.298. Suspension of License of Individual Under 21 Years of Age

(a) The director may suspend the driver's license of a person under 21 years of age who:

(1) is arrested or taken into custody for an offense under Section 49.04, 49.07, or 49.08, Penal Code; and

(2) submits to the taking of a specimen of breath or blood the analysis of which shows that the person had an alcohol concentration of 0.07 or more but less than 0.10.

(b) The period of a suspension under Subsection (a) may not exceed one year.

(c) If a peace officer arrests or takes into custody a person who is under 21 years of age for an offense specified by Subsection (a) and analysis of the specimen shows an alcohol concentration specified by that subsection, the officer shall send the department as soon as practicable a sworn report made on a form approved by the department and in the manner specified by the department of information relevant to the arrest or taking into custody that includes:

(1) the identity of the person arrested or taken into custody;

(2) the officer's grounds for believing that the person committed the offense; and

(3) the analysis of the specimen.

(d) A suspension under Subsection (a):

(1) is a civil matter;

(2) is independent of and not a bar as to any matter at issue in an adjudication of a criminal charge or a proceeding under Chapter 51, Family Code, that arises from the occurrence that is the basis for the suspension; and

(3) does not preclude litigation of the same or similar facts in a criminal prosecution or a proceeding under Chapter 51, Family Code.

(e) The disposition of a criminal charge or a proceeding under Chapter 51, Family Code, does not affect a suspension under Subsection (a) and is not a bar as to any matter at issue in a suspension proceeding under Subsection (a).

(f) In this section, "alcohol concentration" has the meaning assigned by Section 49.01, Penal Code.