In this chapter, the following terms have the meaning indicated:
(1) Adult--An individual twenty-one years of age or
(2) ALR suspension--An administrative driver's license
disqualification, suspension, or denial under the ALR Program which
is the subject of this chapter.
(3) Alcohol concentration--Defined in Texas Penal Code
(4) Alcohol-related or drug-related enforcement contact--Defined
in Texas Transportation Code §524.001.
(5) Certified breath test technical supervisor--A person
who has been certified by DPS to maintain and direct the operation
of a breath test instrument used to analyze breath specimens of persons
suspected of driving while intoxicated.
(6) Contested case--A proceeding brought under Texas
Transportation Code, Chapter 522, Subchapter I; Chapter 524, Subchapter
D; or Chapter 724, Subchapter D.
(7) Defendant--One who holds a license as defined in
Texas Transportation Code, Chapter 521, or an unlicensed driver, whose
legal rights, duties, statutory entitlement, or privileges may be
affected by the outcome of a contested case under this chapter.
(8) Denial--The non-issuance of a license or permit,
and loss of the privilege to obtain a license or permit.
(9) DPS--The Texas Department of Public Safety.
(10) Driver--A person who drives or is in actual physical
control of a motor vehicle.
(11) Final decision--The decision issued by a judge
who hears the contested case or another judge who reviewed the record
in its entirety and who is authorized under appropriate law to issue
final decisions in an ALR case.
(12) Intoxicated--Defined in Texas Penal Code §49.01(2).
(13) Minor--An individual under twenty-one years of
(14) Operate--To drive or be in actual physical control
of a motor vehicle.
(15) Peace officer--A person elected, employed, or
appointed as a peace officer under Texas Criminal Procedure Code §2.12
or other law. A peace officer may also be referred to as an arresting
(16) Public place--Defined in Texas Penal Code §1.07,
Chapter 1, and Texas Transportation Code §524.001, Chapter 524.
(17) Test--The taking of blood or breath specimens
as set out in Texas Transportation Code, Chapters 522, 524 and 724.
(18) The following terms are defined in 1 Texas Administrative
Code §155.5 (relating to Definitions): Administrative Law Judge
or judge; APA; authorized representative; Chief Judge; party; person;