Subchapter C of the Texas Transportation Code

In Subchapter C of the Transportation Code, 724.031 - 724.064, the Legislature has established provisions and procedures for the suspension and denial of the driver's license of a person who refuses the request of a peace officer to submit to the taking of a specimen. The Legislature thus contemplated the possibility of refusal and provided adverse consequences, other than the involuntary taking of a specimen, for those DWI arrestees who refuse to submit a breath or blood specimen. Might this be because the Legislature recognized the difference between a warrant to the search the property or clothing of a person and a warrant that permits the extremely invasive search of bodily fluids? Other such invasive searches are authorized by statute. The Legislature could have authorized such an invasive search for offenses under Chapter 49, but instead chose to highly restrict the ability of law enforcement to forcibly collect blood samples.