Following an ALR contact, the peace officer shall submit an
ALR report to the department on a form approved by the department.
(1) ALR Reports: breath, blood or urine test refusal.
This section applies to offenses listed in Texas Transportation
Code, Chapters 522, 524, 724, and Texas Alcoholic Beverage Code,
106.041. An ALR report based on a breath, blood or urine test refusal
shall contain the following information:
(A) The identity of the person by full legal name,
date of birth, and driver's license number, if any;
(B) the peace officer's sworn report or probable cause
affidavit (Form DIC-23 and/or Form DIC-54);
(C) a copy of the statutory warning delivered to the
person prior to requesting a specimen of breath or blood (Form DIC-24)
and/or a copy of the statutory warning for commercial motor vehicle
operators delivered to the person prior to requesting a specimen
of breath, blood or urine (Form DIC-55);
(D) the person's current address;
(E) documentation of the refusal (Form DIC-24 and/or
Form DIC-55), as evidenced by:
(i) a written refusal to give a specimen, signed by
the person; or
(ii) a statement signed by the officer stating that
the person refused to give a specimen and also refused to sign the
statement requested by the officer under Texas Transportation Code,
§724.031.
(F) the notice of suspension (Form DIC-25) served and/or
the notice of disqualification (Form DIC-57); and
(G) any other information required by the department.
(2) ALR Reports: breath, blood or urine test failures.
This section applies to offenses listed in Texas Transportation
Code, Chapters 522, 524, 724, and Alcoholic Beverage Code, §106.041.
An ALR report based on a breath, blood or urine test failure shall
be sworn to by the arresting officer (or by the peace officer requesting
the specimen in the case of a commercial motor vehicle operator who
is not arrested) and shall contain the following information:
(A) The identity of the person by full legal name,
date of birth, and driver's license number, if any;
(B) the peace officer's sworn report or probable cause
affidavit (Form DIC-23 and/or Form DIC-54);
(C) a copy of the statutory warning delivered to the
person prior to requesting a specimen of breath or blood (Form DIC-24)
and/or a copy of the statutory warning for commercial motor vehicle
operators delivered to the person prior to requesting a specimen
of breath, blood or urine (Form DIC-55);
(D) the person's current address;
(E) a copy of the analysis of the specimen, such as
a photocopy of the breath test result; and
(F) the notice of suspension (Form DIC-25) served and/or
the notice of disqualification (Form DIC-57); and
(G) a copy of the criminal complaint, if any, that
has been filed with a magistrate or delivered to a local prosecuting
attorney with jurisdiction over the offense; and
(H) any other information required by the department.
(3) ALR Reports: offense under Alcoholic Beverage Code,
§106.041, no specimen requested. An ALR report shall contain
the following information:
(A) identity of the person by full legal name, date
of birth, and driver's license number, if any;
(B) the peace officer's sworn report or probable cause
affidavit (Form DIC-23);
(C) the person's current address;
(D) the notice of suspension (Form DIC-25) served;
(E) a copy of the criminal complaint, if any, that
has been filed with a magistrate or delivered to a local prosecuting
attorney with jurisdiction over the offense; and
(F) any other information required by the department.
(4) Nothing in this section is intended to imply that
any specific documents are necessary to be in evidence in a contested
hearing for the department to meet its burden. This section applies
only to automatic suspensions.
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| Source Note: The provisions of this §17.4 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 |
