DUI Lawyer | Joel Brand, Esq.

What is an SR-22?

Driving under the influence (DUI) is a serious offense that carries significant legal and financial consequences in California. One of the key requirements for individuals convicted of a DUI is the filing of an SR-22 form. This article provides a comprehensive overview of what an SR-22 is, its purpose, how it relates to a DUI conviction, and the steps involved in obtaining and maintaining an SR-22.

Understanding the SR-22

An SR-22, often referred to as a Certificate of Financial Responsibility, is a form that your insurance company files with the California Department of Motor Vehicles (DMV) to certify that you carry the minimum required liability insurance. The SR-22 is not an insurance policy itself, but rather a certification that you have an active insurance policy that meets the state’s minimum liability coverage requirements.

Purpose of the SR-22

The primary purpose of the SR-22 is to provide proof to the DMV that you have the necessary liability insurance coverage. This is particularly important for drivers who have been convicted of certain driving offenses, including DUIs, as it ensures that they are financially responsible for any damages or injuries they may cause while driving.

Relation to a DUI

Mandatory Requirement After a DUI Conviction

In California, if you are convicted of a DUI, you are required to file an SR-22 form to reinstate your driving privileges after a suspension. The DUI conviction triggers the need for an SR-22 as a condition for getting your driver’s license reinstated. This requirement applies regardless of whether your DUI was a misdemeanor or a felony.

Length of Time the SR-22 is Required

The length of time you must maintain an SR-22 on file varies depending on the specifics of your DUI conviction and your driving record. Generally, you are required to maintain the SR-22 for a minimum of three years from the date of your license reinstatement or the end of your suspension period. Failure to maintain the SR-22 can result in the suspension of your driver’s license.

Impact on Insurance Premiums

Having an SR-22 requirement significantly impacts your car insurance premiums. Since an SR-22 is typically required after a DUI conviction, it signals to insurance companies that you are a high-risk driver. As a result, you can expect your insurance premiums to increase substantially. Some insurance companies may even refuse to issue policies to drivers who require an SR-22, forcing you to find a specialized insurance provider.

Obtaining and Filing an SR-22

Step-by-Step Process

  1. Contact Your Insurance Provider: The first step in obtaining an SR-22 is to contact your current auto insurance provider. Inform them of your need for an SR-22 due to a DUI conviction. Not all insurance companies offer SR-22 filing services, so you may need to find a provider that specializes in high-risk insurance.
  2. Purchase a Policy: If your current insurance provider does not offer SR-22 services, you will need to purchase a policy from a provider that does. Ensure that the policy meets California’s minimum liability coverage requirements.
  3. Request the SR-22 Form: Once you have an appropriate insurance policy, request your insurance provider to file the SR-22 form with the California DMV. There is usually a fee associated with filing the SR-22.
  4. Verification: After the SR-22 is filed, the insurance company will provide you with a copy of the form. The DMV will also update your records to show that you have met the SR-22 requirement.

Maintaining the SR-22

  1. Keep Your Policy Active: It is crucial to maintain continuous coverage and ensure your insurance policy does not lapse. If your policy is canceled or lapses for any reason, your insurance company is required to notify the DMV, which can result in the suspension of your driver’s license.
  2. Renew on Time: Make sure to renew your insurance policy on time each year to avoid any interruptions in coverage.
  3. Refile if Needed: If you change insurance companies during the SR-22 requirement period, make sure your new insurer files an SR-22 form with the DMV.

Removing the SR-22 Requirement

Once you have fulfilled the required period for maintaining the SR-22 (typically three years), you can request its removal. You should contact the DMV to confirm that you have met all obligations and then notify your insurance company to stop filing the SR-22. Your insurance premiums may decrease once the SR-22 is no longer required, although they may still be higher than they were before the DUI conviction.

Legal and Financial Consequences of Failing to Maintain an SR-22

Failing to maintain an SR-22 can have severe consequences. If your insurance lapses or you do not renew the SR-22 on time, the DMV will be notified, and your driver’s license will be suspended. Reinstating your license after such a suspension can be a complicated and costly process, involving additional fees and legal steps.

Conclusion

An SR-22 is a critical requirement for drivers convicted of a DUI in California. It serves as proof of financial responsibility and ensures that high-risk drivers maintain the necessary liability coverage. Understanding the requirements and maintaining the SR-22 for the designated period is essential to avoid further legal complications and to eventually restore your driving privileges without restrictions. Consulting with a DUI attorney can provide additional guidance and support throughout this process.

Citations

  1. California Department of Motor Vehicles (DMV), “Administrative Per Se (APS) Hearing,” https://www.dmv.ca.gov/portal/dmv/detail/dl/driversafety/dsalcohol
  2. California Vehicle Code § 13352
  3. California Insurance Code § 16430
  4. National Highway Traffic Safety Administration (NHTSA), “DWI Detection and Standardized Field Sobriety Testing,” https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/812394sfstrefresher.pdf
  5. California DMV, “Insurance Requirements,” https://www.dmv.ca.gov/portal/dmv/detail/vr/insurance