| (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 under Texas Penal Code, §49.04, §49.07, or §49.08, 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 under Texas Penal Code, §49.04, §49.07, or §49.08, 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 under Texas Penal Code, §49.04, §49.06, §49.07, §49.08, 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 |
