Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 17 - ADMINISTRATIVE LICENSE REVOCATION › Subchapter A - ADMINISTRATIVE LICENSE REVOCATION › Section 17.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
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.
(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 an
				  offense under Texas Penal Code, §
										49.04,
				  §
										49.06,
				  §
										49.07, or
				  §
										49.08,
				  or Alcoholic Beverage Code, §
										106.041,
				  or any other 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) Driver--Has the meaning assigned in
				  Texas Transportation Code, Chapter 521.
(24) Driver's license--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) 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.
(28) 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.
(29) Minor--An individual under 21 years of
				  age.
(30) Nonresident--Has the
				  meaning assigned in Texas Transportation Code, Chapter 521.
(31) Peace Officer--Has the meaning assigned
				  in Texas Penal Code, §
										1.07(a).
(32) 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.
(33) Person--Refers to the following: an
				  individual arrested for a violation of Texas Penal Code, §
										49.04,
				  §
										49.06,
				  §
										49.07, or
				  §
										49.08;
				  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 Texas Penal Code, §
										49.04,
				  §
										49.07, or
				  §
										49.08.
(34) Public place--Has the meaning assigned
				  in Texas Transportation Code, Chapter 524.
(35) Refusal--Refers to a refusal to submit a
				  specimen under the provisions of Texas Transportation Code, Chapter 522 or
				  Chapter 724.
(36) Revocation of
				  driver's license--Has the meaning assigned in Texas Transportation Code,
				  Chapter 521.
(37) Suspension of
				  driver's license--Has the meaning assigned in Texas Transportation Code,
				  Chapter 521.
(38) 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 §
										19.6
				  of this title (relating to Technical Supervisor Certification).
(39) Temporary driving permit--Refers to the
				  authorization to operate a motor vehicle issued pursuant to Texas
				  Transportation Code, §
										524.011(b)(3)
				  or §
										724.032(a)(3).
				  The temporary driving permit is incorporated in the notice of suspension (Form
				  DIC-25) and notice of disqualification (Form DIC-57).
(40) Test record or breath alcohol test
				  record--Means the record of a breath alcohol test generated by a breath test
				  instrument.
(41) Watercraft--means
				  powered with an engine having a manufacturer's rating of 50 horsepower or
				  above.