How long is my license suspended in Texas if I refuse or fail a breath test?

How long is an ALR suspension in Texas after a refused or failed test?

ALR stands for administrative license revocation. The Texas Transportation Code says the department suspends the license of a person who refuses an officer’s request for a specimen.¹ The Transportation Code sets a longer refusal period when the person’s driving record shows one or more alcohol-related or drug-related enforcement contacts in the ten years before the arrest.¹ For an adult who fails a test, the Transportation Code also sets a shorter period when the record shows no such contact in those ten years and a longer one when it shows one or more.² Part of the refusal rule reads:

the department shall: (1) suspend the person's license to operate a motor vehicle on a public highway for 180 days

What is the ALR suspension length for each situation?

Situation	Suspension
Refusal	180 days1
Refusal, one or more alcohol-related or drug-related enforcement contacts in the ten years before the arrest	2 years1
Adult test failure, no such contact in the ten years before the arrest	90 days2
Adult test failure, one or more such contacts in the ten years before the arrest	1 year2
Minor not previously convicted of the listed offenses, first suspension	60 days2

The minor row is the first period only. The Transportation Code sets longer periods for a minor with earlier convictions.²

How does Texas word the prior-contact rule?

For a refusal, the Transportation Code states:

The period of suspension or denial is two years if the person's driving record shows one or more alcohol-related or drug-related enforcement contacts, as defined by Section 524.001 (3), during the 10 years preceding the date of the person's arrest.

Part of the Transportation Code rule for a test failure reads:

one year if the person's driving record shows one or more alcohol-related or drug-related enforcement contacts during the 10 years preceding the date of the person's arrest

What fees does Texas list for an ALR suspension?

The Transportation Code says a license suspended for refusing to give a specimen may not be reinstated until the person pays a $125³ fee in addition to any other fee required by law. If the department, an administrative law judge or a court rescinds the suspension, payment of that fee is not required.³ DPS states that no surcharge is required for an ALR suspension because the Driver Responsibility Program has been repealed.⁴

What the sources do not state

The test failure rows describe an adult, as the Transportation Code words it.² The sources used here do not say how a driver’s record is checked for earlier contacts.

Next step

The DPS page on administrative license revocation is the agency’s own page on ALR suspensions. The filing lookup tool on this site lists the filing type, fee and duration for a violation.