| (a) Notice of an ALR suspension or disqualification.
Notice of an ALR suspension or disqualification may be served either
by a peace officer or by the department.
(b) Notice given by a peace officer.
(1) If a person arrested for an offense listed in
Texas Transportation Code, Chapter 524 or Chapter 724, submits to
the taking of a specimen of breath or blood and an analysis of the
specimen shows the person had an alcohol concentration of a level
specified in Texas Penal Code, §49.01(2)(B), the peace officer
shall personally serve notice of driver's license suspension on the
arrested driver.
(2) If the person is a minor arrested for an offense
under Alcoholic Beverage Code, §106.041, or an offense listed
in Texas Transportation Code, Chapter 524 or Chapter 724, who either
submits to the taking of a specimen and an analysis of the specimen
shows that the minor had an alcohol concentration of a level specified
by Texas Transportation Code, §524.011(a)(2)(B), or is not requested
to submit to the taking of a specimen, the peace officer shall personally
serve notice of driver's license suspension on the minor.
(3) If a person was operating a commercial motor vehicle
and submits to the taking of a specimen of breath, blood or urine
as provided by Texas Transportation Code, Chapter 522, and an analysis
of the specimen shows an alcohol concentration of 0.04 or more, the
peace officer shall personally serve notice of disqualification on
the person.
(4) Pursuant to paragraphs (1), (2), and (3) of this
subsection, if a specimen is taken and the analysis of the specimen
is not returned to the peace officer before the person is admitted
to bail, released from custody, delivered as provided by Title 3,
Family Code, or committed to jail, the arresting officer shall attempt
to serve notice of driver's license suspension or disqualification
by personally delivering the notice to the person.
(5) If a person arrested for an offense listed in
Texas Transportation Code, Chapter 524 or Chapter 724, or an offense
under Texas Alcoholic Beverage Code, §106.041, or a person requested
to submit a breath, blood or urine specimen under Texas Transportation
Code, Chapter 522, refuses to give a specimen as designated by the
peace officer, the officer shall personally serve notice of driver's
license suspension or disqualification on the person.
(c) Notice given by the department. In the event that
the arresting officer did not serve notice of suspension or disqualification
on the person following an ALR contact, the department shall send,
by first class mail, notice of suspension or disqualification to
the person's address of record, and to the person's current address
given in the ALR report if different. If the department cannot verify
that proper notice of suspension was served on the person by a peace
officer following an ALR contact, the department may serve notice
of suspension or disqualification. Notice is presumed received on
the fifth day after the date it is mailed.
(d) Notice given by the department to control. In any
case where notice of suspension or disqualification is served by
the arresting officer and notice of suspension or disqualification
is also sent by the department, notice sent by the department shall
be controlling.
|
| Source Note: The provisions of this §17.3 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective June 12, 2002, 27 TexReg 4990; amended to be effective March 11, 2008, 33 TexReg 2042; amended to be effective September 11, 2024, 49 TexReg 7051 |
