1. (a) The department may reject any ALR report and decline to prosecute any ALR suspension.

2. (b) For purposes of an ALR suspension based on a breath test failure, a valid breath alcohol test record is required. To be considered valid, the breath test record must meet the following criteria.

   1. (1) There must be no "invalid" message.
   2. (2) Results must be clearly printed.
   3. (3) All air blanks must be 0.000.
   4. (4) The test record must bear the signature of the breath test operator. No additional report, memo, record, or maintenance record is required to validate the breath alcohol test.

Source Note:The provisions of this §17.5 adopted to be effective February 15, 1995, 20 TexReg 570.