1. (a) Notice of an ALR suspension may be served either by an arresting officer or by the department.
2. (b) Notice given by the arresting officer. If a driver arrested for an offense under Texas Penal Code, §§49.04, 49.07, or 49.08, submits to the taking of a specimen of breath or blood and an analysis of the specimen shows the driver had an alcohol concentration of a level specified in Texas Penal Code, §49.01(2)(B), the arresting officer shall serve notice of driver's license suspension personally on the arrested driver. If a driver arrested for an offense under Texas Penal Code, §§49.04, 49.07, 49.08, refuses to give a specimen as designated by the arresting officer, the arresting officer shall serve notice of driver's license suspension personally on the arrested driver.
3. (c) Notice given by the department. In the event that the arresting officer did not serve notice of suspension on the driver following an ALR contact, the department shall mail, by certified mail, notice of suspension to the driver's address of record, and to the driver's current address given in the ALR report, if different. If the department cannot verify that proper notice of suspension was served on the driver by the arresting officer following an ALR contact, the department may serve notice of suspension. Notice is presumed received on the fifth day after the day it is mailed.
4. (d) Notice given by the department to control. In any case where notice of suspension is served by the arresting officer and notice of suspension is also sent by the department, notice sent by the department shall be controlling.

Source Note:The provisions of this §17.3 adopted to be effective February 15, 1995, 20 TexReg 570.