If you’re pulled over for suspected DWI in Texas, one of the decisions you’ll face is whether to take a breath test.
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). It 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 (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.
Learn more about the basics of DWI charges on our Texas DWI Overview page.
What Happens When You Refuse a 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.
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 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. 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.
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. 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 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 (especially for repeat offenses),
- License reinstatement fees and surcharges.
These costs and restrictions add up, making the help of a skilled attorney essential from the start.
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.
