DUI Causing Injury in Texas: Intoxication Assault and Insurance

Intoxication assault under Texas Penal Code 49.07 applies when you cause serious bodily injury to another person while operating a vehicle under the influence. It's a third-degree felony, not a misdemeanor DUI, and carries a mandatory license suspension of 90 days to 2 years administered by the Texas Department of Public Safety. The insurance consequences start immediately. Most carriers cancel your policy within 30 days of the conviction notice. If you had an at-fault accident on your record before the conviction, you're typically moved to non-standard market carriers who specialize in high-risk drivers. Those carriers price intoxication assault as the most severe violation category — expect premiums 2 to 3 times higher than your pre-conviction rate. Texas does not assign points for intoxication assault because it's handled as a criminal offense outside the standard points system. But the conviction stays on your driving record for life and remains visible to insurance carriers for at least 7 years, meaning rate surcharges last far longer than any points-based violation.

Texas requires SR-22 filing for 2 years after your license is reinstated following an intoxication assault conviction. The SR-22 is not insurance — it's a certificate your carrier files with DPS proving you carry at least the state minimum liability coverage: $30,000 per person for bodily injury, $60,000 per accident, and $25,000 for property damage. You cannot reinstate your license without an active SR-22 on file. The 2-year clock starts the day DPS processes your SR-22 filing, not the day of your conviction or the end of your suspension. If your SR-22 lapses at any point during those 2 years because you miss a payment or your carrier cancels your policy, DPS suspends your license again and the 2-year period restarts from zero. SR-22 filing itself costs $15 to $50 depending on the carrier. The real cost is the premium: non-standard carriers who accept SR-22 drivers with intoxication assault convictions typically charge $200 to $400 per month for minimum liability coverage in Texas metro areas. Full coverage on a financed vehicle can exceed $500 per month.

Most Texas carriers apply a major violation surcharge for 3 to 5 years after an intoxication assault conviction. The surcharge peaks in year one — often doubling or tripling your base premium — then decreases incrementally at each renewal if you maintain continuous coverage with no additional violations. Preferred carriers like State Farm, Allstate, and GEICO typically won't write new policies for drivers with intoxication assault convictions until the conviction is at least 5 years old. During those first 5 years, your realistic options are non-standard carriers: Progressive (through their non-standard division), Acceptance Insurance, Direct Auto, and National General. These carriers price intoxication assault using tier systems that reduce surcharges by 10% to 20% per year as the conviction ages. After 5 years with no additional violations, some standard carriers will quote you again, but the conviction remains visible on your motor vehicle record indefinitely. Carriers can and do reference it during underwriting even 7 to 10 years later, particularly if you've accumulated any other violations in the interim. Full rate recovery to what a clean-record driver pays typically takes 7 to 10 years of violation-free driving.

Non-standard carriers dominate the post-conviction market. Progressive writes more SR-22 policies in Texas than any other carrier and offers monthly payment plans, but their rates for intoxication assault start around $250 per month for minimum liability in Dallas-Fort Worth. National General and Acceptance Insurance compete in the same range and sometimes offer slightly lower rates for drivers who bundle renters or add a second vehicle. Direct Auto operates storefronts across Texas and specializes in same-day SR-22 filing, which matters if you're approaching your reinstatement deadline. Their rates are typically 10% to 15% higher than Progressive for the same coverage, but they'll write policies other carriers decline outright, particularly if you have multiple violations or a prior lapse in coverage. Standard carriers won't quote you during your SR-22 filing period. Once your SR-22 requirement ends and the conviction is at least 3 years old, request quotes from standard carriers every 6 months. Rates drop fastest when you can move from a non-standard carrier back to a standard one, and that transition window opens between year 3 and year 5 for most drivers with a single intoxication assault conviction and no other violations.

Contact a non-standard carrier within 48 hours of receiving your conviction notice. Your current carrier will cancel your policy, and if you don't have a replacement policy in place before the cancellation date, you'll accrue a coverage lapse. A lapse adds another surcharge layer and extends the timeline before standard carriers will quote you again. File your SR-22 as soon as your new policy is active. DPS will not process your reinstatement application without proof of SR-22 on file. Most carriers file electronically within 24 hours, but budget 3 to 5 business days for DPS to update your eligibility status. Do not drive until DPS confirms your license is reinstated — driving on a suspended license is a Class B misdemeanor in Texas and adds another conviction to your record. Set up automatic payments for your new policy. A single missed payment triggers an SR-22 lapse notice to DPS, which suspends your license within 10 days. Non-standard carriers do not offer grace periods for SR-22-required policies. If you anticipate payment issues, contact your carrier before the due date to request a payment plan extension rather than letting the policy lapse.

Maintain continuous coverage for the full SR-22 period and at least 2 years beyond. Carriers penalize coverage gaps more heavily than the underlying violation after year 3. A 30-day lapse in year 4 can reset your rate to the same tier as a fresh conviction. Request requotes from your current carrier at every renewal and shop competitors every 6 months starting in year 3. Non-standard carriers rarely reduce your rate automatically — you have to request a re-rating based on the aging conviction. Progressive and National General both use anniversary-based tier drops, but you must call and ask for the adjustment or it won't appear on your renewal quote. Add coverage types incrementally as your rate stabilizes. If you're carrying minimum liability now, add uninsured motorist coverage at year 2 and collision at year 3 if you're financing a vehicle. Bundling multiple coverage types on a non-standard policy sometimes unlocks discounts that offset part of the intoxication assault surcharge, and it builds the multi-coverage history standard carriers look for when you apply for a standard policy in year 5.