Section 17.4 - ALR ReportsFollowing 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.37 Tex. Admin. Code § 17.4
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 by Texas Register, Volume 49, Number 36, September 6, 2024, TexReg 7052, eff. 9/11/2024