The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Acquittal--A legal judgment or certification of "not guilty" of a person charged with a crime, including a judgment following directed verdict.
2. (2) Address of record--A person's most recent residence address as shown by the records of the department in accordance with Texas Civil Statutes, Article 6687b, §§6, 14, and 20; or an alternate address provided to the department in accordance with Texas Civil Statutes, Article 6687b, §44B.
3. (3) Administrative License Revocation (ALR)--Refers to the suspension of a driver's license under either Texas Civil Statutes, Article 6687b-1, for breath or blood test failures, or under Texas Civil Statutes, Article 6701l-5, for breath or blood test refusals.
4. (4) Alcohol concentration--Has the meaning contained in Texas Penal Code, §49.01.
5. (5) Alcohol-related or drug-related enforcement contact--Has the meaning contained in Texas Civil Statutes, Article 6687b-1.
6. (6) ALR contact--A refusal to submit a breath or blood specimen as provided by Texas Civil Statutes, Article 6701l-5, or a breath or blood test failure, following an arrest for an offense under Texas Penal Code, §§49.04, 49.07, or 49.08.
7. (7) ALR report--A sworn report of an ALR contact filed by a peace officer and submitted to the department in accordance with Texas Civil Statutes, Article 6687b-1, §3, or a written report of an ALR contact submitted to the department in accordance with Texas Civil Statutes, Article 6701l-5, §2(d) and (e).
8. (8) ALR suspension or ALR license suspension--A suspension under Texas Civil Statutes, Article 6687b-1, for a breath or blood test failure, or a suspension under Texas Civil Statutes, Article 6701l-5, for a breath or blood test refusal.
9. (9) Arresting officer--Refers to a certified Texas peace officer who arrests a driver for an offense under Texas Penal Code, §§49.04, 49.07, or 49.08.
10. (10) Breath alcohol test--Has the meaning assigned in §19.7 of this title (relating to Explanation of Terms and Actions).
11. (11) Breath test operator--Refers to the individual who takes a specimen of the driver's breath to determine alcohol concentration.
12. (12) 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.
13. (13) 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."
14. (14) Defendant--Refers to a driver who has received notice of ALR license suspension and who has timely requested a hearing.
15. (15) Denial--Refers to the loss of the privilege to obtain a driver's license or permit.
16. (16) Department--Has the meaning assigned in Texas Civil Statutes, Article 6687b-1.
17. (17) Director--Has the meaning assigned in Texas Civil Statutes, Article 6687b-1.
18. (18) Disqualification--Has the meaning assigned in Texas Civil Statutes, Article 6687b-2.
19. (19) Driver--Has the meaning assigned in Texas Civil Statutes, Article 6687b.
20. (20) Driver's license--Has the meaning assigned in Texas Civil Statutes, Article 6687b.
21. (21) Failure, or breath or blood test failure--Refers to the analysis of a test specimen which indicates an alcohol concentration specified in Texas Penal Code, §49.01(2)(B).
22. (22) Instrument or breath test instrument--Has the meaning assigned in §19.7(i) of this title.
23. (23) License or license to operate a motor vehicle--Has the meaning assigned in Texas Civil Statutes, Article 6687b.
24. (24) 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.
25. (25) Nonresident--Has the meaning assigned in Texas Civil Statutes, Article 6687b.
26. (26) Peace Officer--Has the meaning assigned in Texas Penal Code, §1.07(a).
27. (27) Probable cause affidavit--A statement of facts in support of an arresting officer's belief that a person committed an offense. This statement shall describe the officer's reasonable suspicion for stopping a person and the probable cause to arrest the person. This statement may additionally include any other grounds known to the officer for believing the person committed the offense. The probable cause affidavit is normally submitted on Form DIC-23, or an approved alternate form.
28. (28) Public place--Has the meaning assigned in Texas Civil Statutes, Article 6687b-1.
29. (29) Refusal--Refers to a refusal to submit a specimen under the provisions of Texas Civil Statutes, Article 6701l-5, §2.
30. (30) Revocation of driver's license--Has the meaning assigned in Texas Civil Statutes, Article 6687b.
31. (31) Suspension of driver's license--Has the meaning assigned in Texas Civil Statutes, Article 6687b.
32. (32) 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 driver's breath, and who has been certified by the department under the provisions of §19.5 of this title (relating to Technical Supervisor Certification).
33. (33) Test record or breath alcohol test record--Means the record of a breath alcohol test generated by a breath test instrument.

Source Note:The provisions of this §17.2 adopted to be effective February 15, 1995, 20 TexReg 570.