Relating to the duties of a peace officer and the Department of Public Safety in connection with the suspension of a driver's license for a failure to pass a blood or breath test for intoxication or the presence of alcohol.
Impact
If enacted, this legislation would standardize the procedures that peace officers must follow concerning license suspensions, ensuring that these actions are executed uniformly across Texas. The changes introduced by HB1988 could lead to improved clarity for both law enforcement individuals and the public regarding what to expect during the process of arrest related to suspected intoxication. Furthermore, it would enhance accountability by requiring officers to report the particulars of each case to the Department of Public Safety, potentially leading to more effective monitoring and oversight.
Summary
House Bill 1988 seeks to amend the duties of peace officers concerning the suspension of driver's licenses for individuals who fail to successfully complete a blood or breath test for intoxication or the presence of alcohol. The bill outlines specific responsibilities for peace officers when a driver is arrested under these circumstances, including serving notice of the impending license suspension and taking possession of the driver's license. Additionally, it mandates that officers must issue temporary driving permits in certain situations, as well as report the relevant details of the arrest to the appropriate department within five business days.
Contention
Notable points of contention surrounding HB1988 may emerge from discussions regarding law enforcement procedures and the rights of individuals being subjected to license suspensions. While proponents of the bill argue that these amendments will enhance enforcement and ensure that dangerous drivers are held accountable, critics may voice concerns about the potential for overreach by law enforcement and the implications for drivers' rights. Issues surrounding the accuracy and reliability of intoxication tests could also be raised, particularly in light of cases where individuals might be wrongfully penalized based on questionable test results.
Duplicate
Relating to the duties of a peace officer in connection with the suspension of a driver's license for a failure to pass a blood or breath test for intoxication or the presence of alcohol.
Relating to the requirement that a peace officer take possession of a person's driver's license following the person's failure to pass or refusal to consent to a test for intoxication.
Relating to the suspension of the driver's license of a person arrested for an offense involving the operation of a motor vehicle while intoxicated or under the influence of alcohol.
Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
Relating to prohibiting the suspension of a person's driver's license or extension of the period of a driver's license suspension for certain driving while license invalid convictions; authorizing a fee.