Refusing a Breathalyzer in Texas: What Happens to Your Insurance

Man in car using breathalyzer test device during traffic stop
5/17/2026·1 min read·Published by Ironwood

If you refused a breathalyzer in Texas, your driver license is already suspended under the Administrative License Revocation program — even if criminal charges are pending. Here's what that means for your car insurance and what you need to do in the next 15 days.

What Administrative License Revocation Does to Your License and Insurance

Administrative License Revocation, or ALR, suspends your Texas driver license automatically after you refuse a breathalyzer or blood test during a DUI stop. The suspension takes effect 40 days after your arrest date unless you request an administrative hearing within 15 days. This suspension is separate from any criminal DUI case — it happens whether or not you are convicted in court. Your auto insurance carrier receives notice of the suspension from the Texas Department of Public Safety within 30 days of the effective date. Most carriers will non-renew your policy at the next renewal period rather than cancel immediately, but some non-standard carriers cancel within 30 days of receiving suspension notice. If you are cancelled or non-renewed, you will need to find a carrier that writes high-risk drivers — insurance companies that specialize in violations, suspensions, and DUI cases. Once your license is reinstated, Texas requires you to carry SR-22 filing for two years. SR-22 is not a type of insurance — it is a certificate your insurer files with the state, proving you carry the required minimum liability coverage. Not all insurance companies offer SR-22 filing. If your current carrier does not, you will need to switch to a non-standard auto insurance carrier that does.

How Long the ALR Suspension Lasts and What It Takes to Reinstate

A first-time breathalyzer refusal triggers a 180-day license suspension under Texas ALR. A second refusal within 10 years triggers a two-year suspension. These timelines apply even if the underlying DUI charge is dismissed or reduced in criminal court. To reinstate your license after the suspension period ends, you must pay a $125 reinstatement fee to the Texas Department of Public Safety, complete a DWI education program approved by the Texas Department of Licensing and Regulation, and file SR-22 with the state through an insurance carrier. If you drive during the suspension without valid coverage, Texas adds another suspension period and extends your SR-22 requirement. You can apply for an occupational driver license during the suspension if you need to drive for work, school, or essential household duties. The occupational license requires proof of insurance and SR-22 filing before approval. Most drivers use this option to avoid a complete coverage gap, which worsens their insurance rate when shopping for post-reinstatement coverage.

Find out exactly how long SR-22 is required in your state

What SR-22 Filing Costs and How It Affects Your Premium

The SR-22 filing itself costs between $15 and $50, paid to your insurance carrier as a one-time fee when they file the certificate with the Texas Department of Public Safety. Some carriers charge an additional annual filing fee to maintain the SR-22 on record. The filing fee is separate from your premium increase. Your premium increase comes from the suspension itself. Drivers with a license suspension in Texas typically see rate increases between 70% and 130% compared to their pre-suspension premium, depending on age, prior driving record, and coverage selections. A driver paying $110 per month before suspension can expect to pay $190 to $250 per month with SR-22 filing from a non-standard carrier. Non-standard carriers that write SR-22 policies in Texas include Progressive, Dairyland, The General, Bristol West, National General, and Acceptance Insurance. These carriers specialize in high-risk drivers and price policies based on violation type, time since violation, and compliance history. Rates vary widely between carriers — comparing quotes from three or more non-standard insurers typically produces a spread of $40 to $80 per month for the same coverage.

How Long You Need SR-22 and What Happens If It Lapses

Texas requires SR-22 filing for two years after your license reinstatement date, not two years from your suspension date. If your suspension lasts 180 days and you wait 30 days after eligibility to reinstate, your SR-22 clock starts when reinstatement is complete — meaning you carry SR-22 for two years from that point. If your SR-22 lapses at any point during the two-year period, your insurance carrier is required to notify the Texas Department of Public Safety within 10 days. The state suspends your license again immediately, and you must restart the SR-22 requirement from the new reinstatement date. A lapse happens when you cancel your policy, miss a payment, or switch to a carrier that does not offer SR-22 filing without coordinating the transfer. To avoid a lapse, confirm your new carrier files SR-22 with Texas before cancelling your prior policy. Most non-standard carriers file electronically within 24 hours, but processing delays can create a gap. Request confirmation that the state received the filing before you make the switch.

The 15-Day Hearing Window and Why It Matters for Your Insurance

You have exactly 15 days from your arrest date to request an Administrative License Revocation hearing with the Texas Department of Public Safety. If you request a hearing, your license remains valid until the hearing officer issues a decision, which typically takes 60 to 120 days. If you do not request a hearing, your suspension begins automatically 40 days after arrest. Winning an ALR hearing prevents the suspension entirely, which means you avoid the insurance consequences altogether — no SR-22 requirement, no suspension-related rate increase, and no need to switch to a non-standard carrier. Hearing success rates vary, but refusal cases are harder to win than failed breath test cases because Texas law presumes refusal indicates impairment. Even if you lose the hearing, requesting it delays the suspension start date by two to four months, which gives you time to shop for SR-22 coverage, set up an occupational license if needed, and avoid a sudden coverage gap. Drivers who miss the 15-day window lose this option and face immediate suspension with no advance notice to coordinate insurance.

What to Do Right Now

1. Request an ALR hearing within 15 days of your arrest date. Contact the Texas Department of Public Safety or work with your attorney to submit the hearing request. If you miss this window, your suspension begins 40 days after arrest with no opportunity to contest it administratively. 2. Contact your current insurance carrier and ask whether they offer SR-22 filing. Most standard carriers like State Farm, Allstate, and GEICO do not write SR-22 policies or will non-renew you after a suspension. If your carrier does not offer SR-22, start shopping for a non-standard carrier now — before your suspension takes effect. Waiting until after suspension creates a coverage gap that extends your SR-22 period. 3. Get quotes from at least three non-standard carriers that write SR-22 policies in Texas. Progressive, Dairyland, The General, and Bristol West all file SR-22 and specialize in suspended drivers. Rates vary by $50 or more per month for identical coverage, so compare before committing. Make sure the quote includes SR-22 filing and confirms the carrier will maintain it for the full two-year period. 4. If you need to drive during suspension, apply for an occupational driver license before your suspension start date. The application requires proof of SR-22 filing, so secure your insurance policy first. Driving on an occupational license without valid SR-22 triggers a second suspension and resets your requirement timeline. 5. Set up automatic payments with your SR-22 carrier and confirm they notify you 30 days before renewal. A missed payment cancels your SR-22 and suspends your license again immediately. Most non-standard carriers offer email or text alerts before payment due dates — turn these on to avoid an accidental lapse.

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