SR22 Requirements Following a California DUI Conviction

Our California DUI attorneys assist clients in obtaining  SR22s and car insurance throughout the state, including Los   Angeles, the San Francisco  Bay Area, Orange  County, San   Bernardino, Riverside and Ventura.

A lot of mystery and confusion surrounds the SR22  requirement in connection with California DUI cases. In this article, we break  it down and explain everything.

Simply put, a California SR22 is a form (provided by your  car insurance company) that verifies you have met this state's requirement with  respect to auto liability insurance.  Upon issuance, your insurance company will forward a copy to the California Department of Motor Vehicles (DMV).

An SR22 must be obtained anytime you wish to reinstate your  license following a DMV suspension or revocation. Although they are most commonly associated  with DUI-related license suspensions, an SR22 may be necessary under a variety  of circumstances.

In this article, our  California DUI attorneys will address your most frequently asked questions  about California SR22 forms... and how they relate to driving under the  influence... by answering the following:

1. What is  an SR22?
2. Can an  SR22 Help get Me a
Restricted License?
3. How Do  I Obtain an SR22?
4. What  are the Costs Associated with
an SR22?
5. What  Happens to My SR22 if I Move?
6. How  Long Must I Maintain My
SR22 Status?

If, after reading this article, you have additional  questions, we invite you to contact us.  You may also find helpful information in our related articles on Vehicle  Code 23152 Driving Under the Influence, DUI Probation, Top 8 Frequently Asked  Questions about California DUIs and Car Insurance, DMV Hearings in DUI Cases, and  California DUI School.

1. What is  a California  SR22?

An SR22 is a certificate of insurance. Your auto insurance company files it with the  California Department of Motor Vehicles in order to confirm that you meet the  state's minimum requirements for auto insurance liability coverage.

Once your California driver's license has been suspended or  revoked... either because you lost your DMV DUI hearing or  because you didn't request one,1 or because you got convicted of DUI in court... an SR22 is necessary to reinstate  your driving privilege. It is an  acceptable "proof" of liability car insurance for any DMV action that  requires you to provide proof of financial responsibility.

Some examples of situations where the California DMV may require  you to file an SR22 include (but are not limited to):

  • Reinstating your driving privilege following a DUI or wet-reckless2 suspension / revocation
  • Being involved in an accident when you were uninsured
  • Reinstating your driving privilege after the DMV suspended  / revoked it because it declared you a negligent operator (you may be declared a negligent operator if you obtain too many points on your  driving record within a specific timeframe)3

Any one of these events require you to keep an SR 22 on file  with the California  DMV ...generally for a period of three years.

If the DMV requires you to maintain a California SR22, your  policy must cover any cars that are registered in your name and/or all cars  that you routinely drive.

If, following your DUI conviction, you will no longer drive,  you don't need to file an SR22. If you  intend to drive, but do not own a car... or otherwise have regular and frequent  access to a family car, for example... you would apply for a non-owner's SR22  liability policy. A non-owner's policy  covers you anytime you are given permission to drive another person's car.

2. Can an  SR22 Help get Me a Restricted License?

Yes. When you are  convicted of a California DUI, you are generally placed on probation, which  means you must fulfill certain court-ordered obligations. DUI probation typically  includes a requirement that you attend and successfully complete a California  DUI school, and DUI  penalties include a driver's license suspension / revocation of between six  months and four years4.

Following your license suspension... and after waiting a  specific number of days... the DMV may issue you a restricted license. A restricted license allows you to drive  to/from work or school and to/from DUI school.  The DMV will typically issue a restricted license for a first DUI  offense if you:

  1. enroll in a California  DUI school,
  2. file a California SR22, and
  3. pay a $15 restriction fee and a $125 reissue fee.5

The DMV will typically issue a restricted license for a  second or subsequent DUI offense if you:

  1. enroll in DUI school,
  2. install an ignition interlock device (IID) in your car  and promise not to drive any car without an IID6,
  3. file a California SR22, and
  4. pay the same restriction and reissue fees.7

If you abide by these terms, the California DMV will most  likely issue you a restricted license for the duration of your drivers license  suspension period.

If, following your California DUI arrest, you are certain  that you are going to plead guilty, you may want to jump-start the SR22 process  by asking your insurance company to file your SR22 immediately following your  arrest. Initiating the process (rather  than waiting until the DMV takes action) may help you get your driving  privilege reinstated more quickly. (But always consult an experienced  California DUI attorney as to the best strategy for reinstating your license  quickly in you particular case.)

It should be noted that if you are convicted of Vehicle Code 23152a driving  under the influence, and it was proven that you refused to submit to  a chemical blood or breath test, you will be ineligible to obtain a  restricted license.8

3. How Do  I Obtain a California  SR22?

In order to obtain a California SR22, you must contact your car  insurance company. Unfortunately, once  you tell your company that you need an SR22, it alerts them to the fact that  something significant has happened.

The company will then access your DMV record to find out why  you need the form and will either (1) cancel your policy, or (2) issue you the  certificate. If you obtain an SR22 from  your current company, your rates will likely (though not necessarily) increase.  Generally, your insurance provides the SR22 by filing a form electronically  with the DMV.

Not all car insurance carriers provide SR22 coverage and, in  fact, many do not. If your company  cancels you... and you are therefore required to seek an SR22 elsewhere... you will  likely pay a high premium, as auto insurance companies will now look at you as a  "high risk" driver.

California law mandates  that all drivers must carry auto insurance.9 As a result, it offers a program that matches  you with a company that will insure you if you are unable to obtain an SR22 on  your own. You can learn more about the California Automobile Assigned Risk Plan (CAARP) by visiting http://aipso.com/ca/ or by calling 1-800-622-0954.

Fortunately, a DUI isn't the only factor that car insurance  companies consider before they make decisions about whether to raise your  rates. Most companies will also look at your  driving history, your age and driving experience, your marital status, and  where you live.

For more information on how a California DUI will affect  your auto insurance, see our related article on Top  8 Frequently Asked Questions about California DUIs and Car Insurance.

4. What  are the Costs Associated with a
California  SR22?

Like all other auto insurance policies, the costs associated  with a California SR22 vary by insurance company. Typically, you can expect to spend anywhere  from $300 to $800 for the policy, depending on your personal factors (such as  your driving history, age, etc.) that were mentioned above and on the specific  insurance company.

On top of that cost, you will also lose your good driver  discount (assuming you had one), as California law prohibits DUI offenders from  obtaining / retaining a good driver discount for ten years following the date  of your DUI violation.
As an SR22 client, you will pay a higher premium for the  minimum liability coverage required by California  law because you have been labeled a "high risk" driver.
In addition, some insurance companies charge you between $25-$50  or more to file your SR22. You must also  pay a $125 reissue fee to the DMV before it will reinstate your driving  privilege.10

5. What  Happens to My California  SR22 if I Move?

While a handful of states do not require you to file an SR22,  most do. Even so, every state's  requirements for filing it differ. This means your California SR22 is only  valid in this state.

In other words, if you move from California to another SR22 state, you must  obtain an SR22 in your new state. Once  you have that policy, your new insurance company will relay that information to  the California DMV so that the California DMV can then appropriately release  your SR22 in this state.

If you move into a state that doesn't require SR22 filing,  you will need to obtain a new policy, the limits of which are at least equal to  your California SR22 coverage.  Similarly, once you have that new coverage, California will appropriately release your  SR22.

It is critical to have your new policy in place before you cancel your California SR22. If you don't, your California DMV record will  reflect a lapse in coverage which could result in a new California license suspension.

6. How  Long Must I Maintain My California
SR22 Status?

In general, your SR22 status must be maintained for at least  three years following a DUI related license suspension. You do not need to refile each year. As long  as (1) your insurance company doesn't drop you after it issues your SR22, or  (2) you don't cancel the policy, it will remain on file with the DMV until is  it no longer necessary.

If you are dropped or cancel your policy, however, your  insurance company must report that information to the DMV. In that event, in order to avoid a new drivers  license suspension, you must immediately obtain an SR22 from another car  insurance company. You must maintain  uninterrupted coverage for the DMV ultimately to remove your SR22 status and  reinstate your license.11

Along these same lines, if you fail to make a payment, your  car insurance company may inform the DMV that you no longer have an SR22, which  will also trigger a new license suspension unless you re-file the SR22.

Call us for help
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If you or loved one is in need of help with SR22 requirements and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

For information about Nevada SR 22 insurance, go to our article on Nevada SR 22 insurance.

Legal  References:

1 DMV DUI hearings, also known as  administrative per se hearings, must be requested within 10 days of a DUI  arrest. The DMV DUI hearing allows you  the opportunity to contest your driver's license suspension / revocation that  would otherwise automatically be imposed in connection with your California DUI  arrest.

2 California Vehicle Code 23103 per  23103.5 VC is known as a "wet reckless" and is an offense that may be  negotiated for during a California DUI plea bargain.

3 Under California's negligent operator treatment  system, your license will be suspended or revoked if you accumulate 4 points within any 12 month period, 6 points  within any 24 month period, or 8 points within any 36 month period.

4 One of California's DUI penalties is actually  enforced through the DMV. The DMV  suspends your driver's license for six months for a first DUI offense, two  years for a second DUI offense, three years for a third DUI offense and four  years for a fourth or subsequent DUI offense under California Vehicle Code  13352 VC.

5California DMV  website - ("Generally, if you are over 21 and enroll in a DUI  program, file a California Insurance Proof Certificate (SR 22), pay the  restriction and reissue fees, DMV will issue you a restricted driver license  which allows you to drive to/from work and during the course of employment  (unless you hold a commercial driver license) and to/from a DUI program.  However, if you would be considered a "traffic safety" or "public safety risk" if  permitted to drive, the court may order DMV not to grant you a restricted  driver license. Other actions against you may also prohibit the issuance of a  restricted license.")

6 An ignition interlock device (IID) is a  mini-breathalyzer device that prevents the car from starting unless you provide  an alcohol-free breath sample.

7 See endnote 5, above - ("Second and subsequent DUI  convictions result in increased penalties, including a two-year suspension or a  revocation of up to four years. After you complete a prescribed period of your  suspension/ revocation and either enroll in, or complete a portion of, a DUI  program, you may obtain a restricted license to drive anywhere necessary if  you: [1] Install an IID on your vehicle. [2] Agree not to drive any vehicle  without an IID. [3] Agree to complete the prescribed DUI program. [4] File an  SR 22. [5] Pay the reissue and restriction fees.

8 Pursuant to California law, a refusal to submit to a  chemical blood or breath test disqualifies you from receiving a restricted  license. As a result, your suspension  following a California DUI refusal is what's known as a "hard" suspension.

9 California  Vehicle Codes 16000 - 16078 are known as the Compulsory Financial  Responsibility Act and require every California  driver to carry auto insurance.

10 California Vehicle Code 14905 -- Suspension pursuant to Vehicle Code 13353 or  13353.2 VC; additional fee. ("(a) Notwithstanding any other provision of this code, in  lieu of the fees in Section 14904 VC, before a driver's license may be issued,  reissued, or returned to a person after suspension or revocation of the  person's privilege to operate a motor vehicle pursuant to Vehicle Code  Section[s] 13353 or 13353.2, there shall be paid to the department a fee in an  amount of one hundred twenty-five dollars ($125) to pay the costs of the  administration of the administrative suspension and revocation programs for  persons who refuse or fail to complete chemical testing, as provided in Section  13353 VC, or who drive with an excessive amount of alcohol in their blood, as  provided in Section 13353.2 VC, any costs of the Department of the California  Highway Patrol related to the payment of compensation for overtime for  attending any administrative hearings pursuant to Article 3 (commencing with Vehicle  Code Section 14100) of Chapter 3 and Section 13382, and any reimbursement for  costs mandated by the state pursuant to subdivisions (f) and (g) of California  Vehicle Code Section 23612.

11New DUI Reportability  Requirements - ("What will  happen if my insurance policy is cancelled because of a DUI violation? If your insurance policy  is cancelled for any reason, you need to get new insurance right away, since it  is illegal to own or operate a vehicle without liability insurance in California. In addition to proof of insurance for  registration, if you are required to maintain a California Insurance Proof  Certificate (SR 22) for your driver license, you will need to have your new  insurance company file a new SR 22 with DMV immediately to avoid the suspension  of your driver license based on the cancellation of your insurance proof  certificate.")

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