(a) If a person refuses the request of a peace officer to submit to the taking of a specimen, the department shall:
(1) suspend the person’s license to operate a motor vehicle on a public highway for 180 days; or
(2) if the person is a resident without a license, issue an order denying the issuance of a license to the person for 180 days.
(b) The period of suspension or denial is two years if the person’s driving record shows one or more alcohol-related or drug-related enforcement contacts, as defined by § 524.001(3), during the 10 years preceding the date of the person’s arrest.

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Terms Used In Texas Transportation Code 724.035

  • Arrest: Taking physical custody of a person by lawful authority.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) A suspension or denial takes effect on the 40th day after the date on which the person:
(1) receives notice of suspension or denial under § 724.032(a); or
(2) is considered to have received notice of suspension or denial under § 724.033.