Refusing a Breathalyzer in Texas: ALR Suspension and SR-22

Texas law enforcement confiscates your physical license at the arrest scene when you refuse a breathalyzer test. You receive a Notice of Suspension form (DIC-25) that serves as a temporary 40-day driving permit. The Administrative License Revocation (ALR) program suspends your license for 180 days starting on day 41 unless you request a hearing within 15 days of arrest. The ALR suspension is a civil penalty separate from any criminal DWI charge. You can beat the DWI in court and still lose your license for 180 days because you refused the test. The refusal itself violates Texas implied consent law — by holding a Texas driver license, you've already consented to chemical testing when arrested for DWI. Most drivers miss the 15-day hearing request window because they focus on finding a criminal defense attorney and assume the license issue resolves with the DWI case. It does not. The ALR case moves faster than the criminal case and the hearing must be requested in writing to the Texas Department of Public Safety within 15 calendar days of arrest, not 15 business days.

The 180-day clock starts on day 41 after arrest if you did not request an ALR hearing or if you lost the hearing. Texas does not offer a hardship occupational license for the first 90 days of a refusal suspension. You cannot drive at all — no commute exception, no medical appointment exception, no work route. After day 90, you can apply for an occupational license through the court that handles your county's ALR cases, not the criminal court. The occupational license allows driving for work, school, and essential household duties during specific hours listed on the license. You pay a $125 filing fee plus SR-22 insurance filing costs. The occupational license covers the final 90 days of the suspension only. If you requested the ALR hearing within 15 days, your full driving privileges continue until the hearing date. The hearing typically occurs 30-60 days after request. If you win, the suspension is dismissed entirely. If you lose, the 180-day suspension begins the day after the hearing. Requesting the hearing buys you 30-90 additional days of unrestricted driving while the case is pending.

Texas requires SR-22 filing for 2 years after any DWI-related suspension, including refusal suspensions. The SR-22 is not insurance — it is a compliance certificate your insurer files electronically with the Texas Department of Public Safety confirming you carry at least state minimum liability coverage. If your policy lapses or cancels during the 2-year period, the carrier notifies DPS within 10 days and your license suspends again immediately. Carriers charge $15-$50 to file the initial SR-22 form and $15-$25 per year to maintain it. The real cost is the rate increase. A refusal suspension codes as a major violation on your insurance record. Carriers apply surcharges ranging from 50% to 150% depending on the carrier and your violation history. A driver paying $120/month before arrest typically sees rates jump to $180-$280/month after the refusal. Not all carriers write SR-22 policies. Preferred carriers like USAA and State Farm often decline coverage entirely after a refusal. You'll likely move to a standard or non-standard carrier. Progressive, The General, and National General write SR-22 policies in Texas and quote refusal violations. Expect higher rates for 3-5 years. The violation stays on your insurance record longer than it stays on your DMV record.

The ALR refusal suspension runs separately from any criminal DWI conviction penalties. If you're convicted of DWI in criminal court, the judge can impose an additional license suspension of 90 days to 2 years depending on your BAC level and prior DWI history. The criminal suspension does not replace the ALR suspension — they stack. A first-offense DWI conviction in Texas without a refusal typically results in a 90-day to 1-year license suspension. If you refused the test and are later convicted, you serve the 180-day ALR suspension first, then any additional criminal suspension imposed by the court. Total suspension time can reach 18-24 months. The ALR hearing and the criminal trial are separate proceedings. Evidence excluded in criminal court may still be admissible in the ALR hearing. The ALR hearing standard of proof is preponderance of evidence, not beyond a reasonable doubt. You can win the criminal case and lose the ALR case, or vice versa. Winning the ALR hearing does not prevent the district attorney from prosecuting the DWI charge.

Request the ALR hearing within 15 days even if you plan to hire an attorney later. The hearing request form is a one-page document available on the Texas DPS website. Fax or email it to the address printed on your DIC-25 notice. Requesting the hearing preserves your driving privileges for 30-90 additional days and forces the state to prove reasonable suspicion for the stop and probable cause for the arrest. Shop SR-22 carriers before your current policy renews. If your current carrier is canceling or non-renewing your policy, you have 30 days to secure SR-22 coverage before DPS suspends your license for no insurance. Get quotes from at least three carriers that specialize in SR-22 filings. Monthly payment plans cost more in total but reduce the upfront burden — most refusal drivers cannot afford a 6-month prepaid premium. Complete any required DWI education courses early. Texas judges often reduce criminal suspension time if you complete a state-approved DWI Education Program before sentencing. The course does not remove the refusal suspension, but it can shorten the total suspension period if you're later convicted. Some carriers also apply a small discount for completing the course, though it rarely offsets the refusal surcharge.

The ALR suspension appears on your Texas driving record permanently. It does not fall off after 3 years or 5 years. Any background check or insurance application that pulls your full driving record will show the refusal suspension. Insurance carriers typically surcharge refusal violations for 3-5 years. The surcharge percentage decreases each year if you maintain continuous coverage with no new violations. A 100% surcharge in year one may drop to 60% in year two and 30% in year three. After 5 years, most carriers stop applying an active surcharge, but the violation remains visible and affects underwriting decisions. Some carriers will not quote drivers with a refusal on record until 5 years have passed since the suspension end date. Others will quote immediately but place you in a high-risk tier. The SR-22 filing requirement ends after 2 years, but the rate impact continues beyond that. Budget for elevated premiums for at least 3 years after reinstatement.