In reviewing an administrative order, we examine the record as a whole to determine whether the order is supported by substantial evidence. TEX. GOV'T CODE ANN. § 2001.174(2)(E); Tex. Dep't of Pub. Safety v. Gonzalez, 276 S.W.3d 88, 91 (Tex. App.—San Antonio May 18, 2016, no pet.) (citing Mireles v. Tex. Dep't of Pub. Safety, 9 S.W.3d 128, 131 (Tex. 1999) (per curiam)). This standard of review is deferential.

In applying the substantial evidence standard of review, we may not substitute our judgment for that of TCEQ on the weight of the evidence on questions committed to its discretion. TEX. GOV'T CODE § 2001.174 ; Mireles v. Tex. Dep't of Pub. Safety , 9 S.W.3d 128, 131 (Tex. 1999). To the extent the dispute concerns whether the decision to grant the permit was supported by reliable and probative evidence, the issue for us is not whether TCEQ's decision was correct, but only whether the record demonstrates some reasonable basis for TCEQ's decision.

The driver may appeal the ALJ's decision, in which case the county court on appeal will review the ALJ's decision under the substantial evidence standard of review. See Mireles v. Tex. Dep't of Pub. Safety, 9 S.W.3d 128, 131 (Tex. 1999). Additionally, the court of appeals reviews the trial court's substantial evidence review de novo. Tex. Dep't of Pub. Safety v. Valdez, 956 S.W.2d 767, 769 (Tex.App.-San Antonio 1997, no pet.).

We must affirm the agency's findings if they are supported by more than a scintilla of evidence. Mireles v. Texas Dep't of Pub. Safety, 9 S.W.3d 128, 131 (Tex. 1999) (per curiam). The parties' issues also require us to construe applicable statutes and rules.

Normally, courts review administrative license suspension decisions under the substantial evidence standard. Mireles v. Texas Dep't of Pub. Safety, 9 S.W.3d 128, 131 (Tex. 1999); see Tex. Transp. Code Ann. § 524.041 (Vernon 2007); Tex. Gov't Code Ann. § 2001.174 (Vernon 2000).

Judicial review of an administrative suspension is governed by a "substantial evidence standard." Mireles v. Tex. Dep't of Pub. Safety, 9 S.W.3d 128, 131 (Tex. 1999) (per curiam). When reviewing an administrative decision under the substantial evidence rule, the reviewing court "may affirm the [administrative] decision in whole or in part."

Whether in the trial court or on appeal, courts reviewing an ALJ's decision on a driver's license suspension apply the substantial evidence standard. Mireles v. Tex. Dep't. of Pub. Safety, 9 S.W.3d 128, 131 (Tex. 1999) (per curiam); see TEX. GOV'T CODE ANN. § 2001.174 (West, Westlaw through 2013 3d C.S.) (setting out the standard of review under the substantial evidence rule); see also McKinley Iron Works, Inc. v. Tex. Employment Comm'n, 917 S.W.2d 468, 470 (Tex. App.—Fort Worth 1996, no writ) ("'Substantial evidence' means that, upon the evidence as a whole, reasonable minds could have reached the same conclusion the agency reached."). We review the trial court's substantial evidence review de novo.

If a person is arrested for drunk driving and takes a test that shows his or her alcohol concentration to be 0.08 or higher, the DPS is directed to suspend his or her driver's license. Mireles v. Tex. Dep't of Pub. Safety, 9 S.W.3d 128, 130 (Tex. 1999); see Tex. Penal Code Ann. § 49.01(2)(B) (Vernon 2003); Tex. Transp. Code Ann. § 524.012(b)(1) (Vernon Supp. 2009).

Specifically, the "issue for the reviewing court is not whether the agency's decision was correct, but only whether the record demonstrates some reasonable basis for the agency's action." See Mireles v. Texas Dep 't of Pub. Safety, 9 S.W.3d 128, 131 (Tex. 1999) (citing City of El Paso v. Public Util. Comm'n, 883 S.W.2d 179, 185 (Tex. 1994)). Accordingly, courts "must affirm administrative findings in contested cases if there is more than a scintilla of evidence to support them."

Judicial review of administrative license-suspension decisions is governed by a "substantial evidence standard." Mireles v. Tex. Dep't of Pub. Safety, 9 S.W.3d 128, 131 (Tex. 1999); see also Tex. Dep't of Pub. Safety v. Taunton, No. 01-18-00565-CV, 2019 WL 3819540,