Drunk driving is a serious offense in Texas, and those who are convicted of driving while intoxicated can face severe penalties. Monetary fines and jail time may result even when no one was hurt in an accident. There could also be administrative penalties designed to punish a drunk driver. A license revocation is one such penalty. Some defendants might receive an Administrative License Revocation (ALR) in certain situations.
When pulled over for a DWI, the driver may face a civil process involving suspending or revoking their license. There are several instances where this action may occur. Refusing to submit to a Breathalyzer test would likely lead to an ALR. If the Breathalyzer reveals a 0.08% or higher blood alcohol concentration (BAC), a non-commercial driver would receive an ALR. For commercial drivers, this result occurs when the BAC test is at a lower level of 0.04%.
Since the Administrative License Revocation is a civil action, it is not a criminal penalty. However, the driver may face additional criminal charges based on the DWI arrest.
Upon being served with a drunk driving suspension/revocation notice for refusing to take the test, the driver has 15 days to request a hearing. The suspension/revocation does not go immediately into effect. The action occurs 40 days after the arrest. Certain rules change when consenting to a blood test since the driver must wait for the lab results. For example, a driver will have 20 days to appeal from when the suspension notice was mailed.
There are several ways the driver could challenge the matter. The Breathalyzer might not have been properly calibrated, or the police officer administered the test improperly.