37 Tex. Admin. Code § 17.3 - Notice of Suspension or Disqualification
(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.
Notes
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