The following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates
otherwise.
(1) Acquittal--A legal judgment or certification of
"not guilty" of a person charged with a crime, including a judgment
following directed verdict, in a court proceeding at which jeopardy
attached.
(2) Address of record--A person's most recent residence
address as shown by the records of the department in accordance with
Texas Transportation Code, Chapter 521 or Chapter 522.
(3) Administrative License Revocation (ALR)--Refers
to the suspension of a driver's license under Texas Transportation
Code, Chapter 524 or Chapter 724, or the disqualification of a person's
privilege to drive a commercial motor vehicle under Texas Transportation
Code, Chapter 522.
(4) Adult--An individual 21 years of age or older.
(5) Alcohol concentration--Has the meaning contained
in Texas Penal Code, §49.01.
(6) Alcohol-related or drug-related enforcement contact--Has
the meaning contained in Texas Transportation Code, Chapter 524.
(7) ALR contact--Refers to refusal to submit a breath
or blood specimen as provided by Texas Transportation Code, Chapter
724, or refusal to submit a breath, blood or urine specimen as provided
by Texas Transportation Code, Chapter 522; or a breath or blood test
failure as provided by Texas Transportation Code, Chapter 524, or
a breath, blood or urine test failure as provided by Texas Transportation
Code, Chapter 522. Also includes the situation where a specimen test
is not requested of a minor, as the presence of alcohol was detected
by other means.
(8) ALR report--A sworn report of an ALR contact filed
by a peace officer and submitted to the department in accordance
with Texas Transportation Code, Chapter 524, or a written report
of an ALR contact submitted to the department in accordance with
Texas Transportation Code, Chapter 724. Also includes a sworn report
submitted by a peace officer in accordance with Texas Transportation
Code, Chapter 522.
(9) ALR suspension or ALR license suspension--A suspension
under Texas Transportation Code, Chapter 524 or Chapter 724.
(10) Arresting officer--Refers to a certified Texas
peace officer who arrests a person for any offense against the laws
of the State of Texas.
(11) Breath alcohol test--Has the meaning assigned
in §19.1 of this title (relating to Definitions).
(12) Breath test operator--Refers to the individual
who takes a specimen of the person's breath to determine alcohol
concentration.
(13) Child--Has the meaning contained in Texas Family
Code, §51.02(2).
(14) Commercial driver's license--Has the meaning assigned
by Texas Transportation Code, Chapter 522 and Chapter 16 of this
title (relating to Commercial Driver's License).
(15) Commercial motor vehicle--has the meaning assigned
by Texas Transportation Code, Chapter 522 and Chapter 16 of this
title (relating to Commercial Driver's License).
(16) Criminal complaint--Refers to any charging instrument,
including, but not limited to, a complaint, an information, an indictment,
or a similar sworn document clearly indicating an intent to proceed
with criminal prosecution.
(17) Current address--Refers to the address given to
an arresting officer by an arrested driver at the time of arrest,
as distinguished from the "address of record."
(18) Defendant--Refers to a person who has received
notice of ALR license suspension or disqualification and who has
timely requested a hearing.
(19) Denial--Refers to the loss of the privilege to
obtain a driver's license or permit.
(20) Department--Has the meaning assigned in Texas
Transportation Code, Chapter 524.
(21) Director--Has the meaning assigned in Texas Transportation
Code, Chapter 524.
(22) Disqualification--Has the meaning assigned in
Texas Transportation Code, Chapter 522.
(23) Drive--Has the meaning assigned in Texas Transportation
Code, Chapter 522.
(24) Driver's license, license, or license to operate
a motor vehicle--Has the meaning assigned in Texas Transportation
Code, Chapter 521. The term also includes a commercial driver's license
or a commercial driver learner's permit issued under Texas Transportation
Code, Chapter 522.
(25) Failure, or breath, blood or urine test failure--Refers
to the analysis of a test specimen of breath or blood which indicates
an alcohol concentration specified in Texas Penal Code, §49.01(2)(B),
or where a test specimen of breath, blood or urine is provided pursuant
to Texas Transportation Code, Chapter 522, and the analysis of the
specimen indicates an alcohol concentration of 0.04 or more. Also
includes the analysis of a test specimen provided by a minor that
indicates any detectable amount of alcohol as specified in Texas
Transportation Code, §524.011(a)(2)(B).
(26) Instrument or breath test instrument--Has the
meaning assigned in §19.1 of this title (relating to Definitions).
(27) Maintenance records--Refers to records pertaining
to the inspection, maintenance, repair, and upkeep of the breath
test instrument on which the driver's alcohol concentration was measured.
Maintenance records do not have a regulated format and may be kept
in a form as designated by each technical supervisor.
(28) Minor--An individual under 21 years of age.
(29) Nonresident--Has the meaning assigned in Texas
Transportation Code, Chapter 521.
(30) Peace Officer--Has the meaning assigned in Texas
Penal Code, §1.07(a).
(31) Peace Officer's sworn report or probable cause
affidavit--A statement in support of a peace officer's belief that
a person committed an offense. This statement shall describe the
officer's reasonable suspicion for making contact with a person and/or
the probable cause to arrest or detain the person. This statement
may additionally include any other grounds known to the officer for
believing the person committed the offense. The peace officer's sworn
report or probable cause affidavit is normally submitted on Form
DIC-23, or an approved alternate form.
(32) Person--Refers to the following: an individual
arrested for a violation of an offense listed in Texas Transportation
Code, Chapter 524 or Chapter 724; a minor arrested or detained for
a violation of Texas Alcoholic Beverage Code, §106.041; or the
operator of a commercial motor vehicle who refused to provide a
specimen of breath, blood or urine when requested to do so by a peace
officer, or who provided a specimen with an alcohol concentration
defined in Texas Transportation Code, Chapter 522, whether or not
the operator of the commercial motor vehicle was arrested for a violation
of an offense listed in Texas Transportation Code, Chapter 524
or Chapter 724.
(33) Public place--Has the meaning assigned in Texas
Transportation Code, Chapter 524.
(34) Refusal--Refers to a refusal to submit a specimen
under the provisions of Texas Transportation Code, Chapter 522 or
Chapter 724.
(35) Revocation of driver's license--Has the meaning
assigned in Texas Transportation Code, Chapter 521.
(36) Suspension of driver's license--Has the meaning
assigned in Texas Transportation Code, Chapter 521.
(37) Technical supervisor or certified breath test
technical supervisor--Refers to the person who is responsible for
maintaining and directing the operation of the breath test instrument
used to analyze the specimen of the person's breath, and who has
been certified by the department under the provisions of §19.4
of this title (relating to Technical Supervisor Certification).
(38) Test record or breath alcohol test record--Means
the record of a breath alcohol test generated by a breath test instrument.
(39) Watercraft--means powered with an engine having
a manufacturer's rating of 50 horsepower or above.
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