The bill would amend the Transportation Code as it relates to the civil and criminal consequences of a person's refusal to consent to the taking of a blood or breath specimen to test for intoxication.  The refusal to submit to taking of a specimen by a peace officer would be punishable as a Class A misdemeanor if the person has previously been convicted one time of various intoxication offenses.  The refusal to submit to taking of a specimen by a peace officer would be punishable as a felony of the third degree if it is shown on the trail of the offense that the person has previously been convicted one time of intoxication manslaughter, or two prior convictions of other intoxication offenses. 

A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year, a fine not to exceed $4,000, or both fine and imprisonment. A third degree felony is punishable by imprisonment in the institutional division for any term of not more than ten years or less than two years, or, in addition to imprisonment, a fine not to exceed $10,000.

The bill would apply to offenses committed after September 1, 2003.

Assuming that sentencing patterns and release policies not addressed in this bill remain constant, the probable impact of implementing the provisions of the bill during each of the first five years following passage, in terms of daily demand upon the adult corrections agencies, is estimated as follows: