Transportation Code · §522.103
CDL Specimen Refusal Warning
CDL Specimen Refusal Warning (§522.103): key points and worked practice questions for Texas peace officer exam preparation.
Key points
- Specimen requested under §522.102 from a commercial motor vehicle driver
- Warning: refusal = out of service 24 hours + CDL disqualification at least one year (§522.103(a))
- Chapter 724 warning not required (§522.103(b))
- 0.04+ in a CMV: one-year disqualification (§522.081(b)(4)(A))
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Worked examples
Worked example 1
Before requesting a breath or blood specimen from a person driving a commercial motor vehicle under Tex. Transp. Code §522.102, what must the officer warn the person under §522.103?
- That refusal will be admissible at a DWI trial
- That refusal will result in the person being immediately placed out of service for 24 hours and disqualified from driving a commercial motor vehicle for at least one year Correct
- That refusal will result in a 90-day suspension of the person's personal driver's license
- No warning is required for commercial drivers
Why: §522.103(a): an officer requesting a specimen under §522.102 shall warn the person that a refusal will result in the person's being immediately placed out of service for 24 hours and being disqualified from driving a commercial motor vehicle for at least one year under §522.081. The officer is not required to give the Chapter 724 warning (§522.103(b)). Separately, a test showing an alcohol concentration of 0.04 or more while operating a commercial motor vehicle in a public place disqualifies the driver for one year (§522.081(b)(4)(A)). That is a CDL disqualification standard; DWI itself uses the Penal Code §49.01 definition of intoxicated.
Statute: Tex. Transp. Code §522.103; §522.081(b)
Statutory definitions for this topic
- Alcohol concentration / BAC Tex. Penal Code §49.01(1); Tex. Transp. Code §522.103
- (A) Number of grams of alcohol per 100 mL of blood; (B) per 210 L of breath; or (C) per 67 mL of urine. The 'per se' DWI threshold is 0.08; 0.04 for operators of commercial motor vehicles.
- Commercial Driver License (CDL) Tex. Transp. Code §522.103
- License required to operate a commercial motor vehicle. CDL holders operating a CMV have a per-se BAC threshold of 0.04 (vs. 0.08 for non-CMV).