Breath Test Refusal and the Texas ALR Process

If you’re pulled over for suspected DWI in Texas, one of the decisions you’ll face is whether to take a breath test. The legal BAC limit for driving is 0.08% in most states, but Utah’s limit is 0.05%.

While many drivers know they have the right to refuse, few understand the full legal consequences of doing so—especially when it comes to their driver’s license. In Texas, refusing a breath test triggers a civil procedure known as the Administrative License Revocation (ALR) process. This process is entirely separate from the criminal case and can impact your driving privileges long before your court date.

Here’s what residents of Houston, Galveston, and League City need to know about how breath test refusal can affect their license—and how an experienced DWI lawyer can help you through the situation.

What’s the ALR Process?

The Administrative License Revocation (ALR) program is a civil, administrative process managed by the Texas Department of Public Safety (DPS). ALR is an acronym for Administrative License Revocation. This article will provide an overview of the ALR process, including the steps involved, the consequences, and what drivers should do if charged. ALR is a civil administrative process, not a criminal process, but the underlying offense (DWI/DUI) is a crime in Texas and most states. The ALR system is automatically initiated when:

• A driver refuses to submit to a chemical test (such as a breath or blood test), or
• A driver fails the test (blood alcohol concentration, or BAC, of 0.08% or higher).

Unlike the criminal DWI charges, the ALR process focuses solely on your driving privileges and does not involve jail time or criminal penalties. However, a driver’s license can be suspended for a DUI or DWI conviction. License suspension is a common result for offenders convicted or found guilty of operating a motor vehicle while intoxicated or under the influence of alcohol or drugs. The loss of a driver’s license can have a major impact on a person’s ability to work and live, and license suspension periods can range from months to years depending on the case. Penalties can include fines, license suspension, and even jail time, especially in cases involving children, repeat offenders, or instances resulting in injury or death.

The laws have expanded in many states to include not just cars but other types of vehicles, such as bicycles, and being impaired or intoxicated while operating any vehicle can result in penalties. The ALR process generally applies to drivers charged with DWI or DUI, but the specifics can vary depending on the state and the type of offense (first offense, repeat offense, etc.). In some states, such as Wyoming (DWUI), Wisconsin (OWI), Georgia, Maryland, Virginia, Utah, and others, different acronyms and legal terms like OUI are used for identifying offenders and defining the crime. Breaking DUI/DWI laws is illegal and can send a person to jail, and the consequences are severe for those convicted.

The Texas Department of Public Safety leads the ALR system and provides guidance on compliance with state laws. The ALR process is just one part of a broader legal system designed to guide and protect the public from the dangers of impaired driving. The ALR process is designed to protect public health and safety by reducing the risk of death and injury caused by impaired drivers, including those driving drunk or under the influence of drugs.

Learn more about the basics of DWI charges on our Texas DWI Overview page.

What Happens When You Refuse a Blood Alcohol Concentration Breath Test?

Refusing a breath test doesn’t mean you won’t be arrested—it simply starts a different legal process. Here’s what typically happens:

• Your driver’s license is immediately confiscated.
• You’re given a temporary driving permit (Form DIC-25), which is valid for 40 days.
• The arresting officer notifies DPS of your refusal and will provide information about the administrative process.
• If you fail the test, the result of your blood alcohol concentration (BAC) can lead to immediate license suspension.

In most states, refusing a breath test can result in license suspension, fines, and even jail time. The administrative system provides for a review hearing, where the person can contest the suspension. For instance, in some cases, a person who refused a test was sent to jail for a year, showing the serious consequences. Compared to many states, Texas penalties and processes may differ, so it’s important to understand the specific laws in your jurisdiction.

From that point, the clock starts ticking.

You Have 15 Days to Request an ALR Hearing

You have only 15 days from the date of your arrest to request an ALR hearing. If you don’t act within this window, your license will be automatically suspended on the 40th day after the arrest.

The ALR hearing is a formal review process designed to provide drivers and offenders with an opportunity to contest the suspension. This hearing system guides the process and helps in identifying whether the driver’s ability to operate a vehicle was impaired. The hearing allows you (or your attorney) to contest the suspension by presenting evidence or questioning whether the officer had reasonable suspicion or probable cause for the arrest. The result of the hearing can vary, and in some cases, has resulted in the suspension being overturned. An experienced lawyer can make a major difference at this stage.

What Happens at the ALR Hearing?

The ALR hearing is held in front of an administrative law judge. This is not a criminal trial—there’s no jury, and the burden of proof is much lower. The judge will consider whether:

• The officer had reasonable suspicion to make the stop,
• There was probable cause for the DWI arrest,
• You refused to submit to testing after being properly informed of the consequences.

In some cases, a person may be convicted of a misdemeanor if found to have been breaking the law by driving while impaired, depending on the state. The judge will review the facts of the case, including whether the person’s ability to drive was affected. For instance, the result of the hearing in a first offense may be a one-year license suspension, depending on the state. The loss of driving privileges can have a significant impact on a person’s life. The hearing process is regularly reviewed to ensure fairness and accuracy.

If the judge rules against you, your license will be suspended. For first-time refusals, the suspension period is typically 180 days. If you’ve refused before, it could be as long as two years.

You can find more detailed information about first-time DWI penalties on our First DWI Offense page.

Why You Need a DWI Lawyer for the ALR Process

Hiring a lawyer for an ALR hearing is more than just a smart move—it could protect your right to drive. An experienced lawyer can provide guidance through the ALR system, helping offenders navigate complex legal requirements. This guidance has resulted in favorable outcomes in many cases, such as reduced suspensions or case dismissals for offenders. A seasoned DWI lawyer can:

• Subpoena the arresting officer to appear at the hearing,
• Question whether your rights were read correctly,
• Identify inconsistencies in the police report,
• Use the hearing as a discovery tool for the criminal case.

Even if the hearing doesn’t go in your favor, having legal representation can improve your chances of obtaining a restricted license or minimizing suspension time.

Long-Term Consequences and License Suspension for Refusing a Breath Test

Even after the suspension period ends, the effects of refusal can linger. You may face:

• SR-22 insurance requirements for several years,
• Ignition interlock device mandates as part of the ALR system (especially for repeat offenses),
• License reinstatement fees, substantial fines, and surcharges,
• Loss of driving privileges for up to a year or more.

In some cases, refusal has resulted in jail time, especially when children are involved or when the offense has led to injury or death. The ALR system has expanded over the years to address public health and safety concerns, aiming to protect lives and reduce deaths caused by impaired driving. Impaired driving is a problem not just in Texas, but around the world, and the ability to drive legally is a privilege that can be lost.

High-risk drivers may need to obtain SR-22 insurance after a DUI.

These costs and restrictions add up, making the help of a skilled attorney essential from the start. Car insurance rates typically increase by an average of 74% after a DUI conviction.

Final Thoughts

Breath test refusal in Texas might seem like a way to avoid giving law enforcement more evidence—but it can come with swift and severe consequences for your driver’s license. The ALR process is complex and unforgiving if you miss deadlines or go unrepresented. Whether you’re in League City, Galveston, or Houston, the Law Offices of Tad Nelson & Associates can help you fight for your license and your future.

If you’ve been arrested for driving under the influence and refused a breath test, don’t wait—contact us today to request your ALR hearing and discuss your legal options with an experienced Texas DWI lawyer. Many law firms offer free consultations for DUI or DWI charges.