37 Tex. Admin. Code § 17.4 - ALR Reports
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.
Notes
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