Attorney Peter Liss can Help You Get Back on the Road
Drivers who have been convicted of DUI or other serious driving crimes resulting in license suspension must have an SR-22 form filed with the California Department of Motor Vehicles (DMV) before they can start driving again. Insurers file this form with the DMV to verify that a driver has obtained an insurance policy that provides suitable financial coverage in the event of an accident. Because these policies are required to secure an SR-22 form after a DUI license suspension, they are often called “SR22 insurance,” “high-risk insurance,” or “DUI insurance.”
A defense attorney like Peter Liss can help you understand whether you need SR22 insurance and how to get it after a San Diego County DUI. To schedule a free consultation at his Vista office, please call (760) 643-4050.
Quick Takeaways:
An SR-22 is a certificate of financial responsibility your insurance company files with the California DMV. Drivers usually must maintain it for three years after a DUI or license suspension to reinstate their driving privileges.
Why Do Drivers Need an SR-22 in California?
While the SR-22 form is most commonly associated with drunk driving, it is required for many other driving offenses. Drivers are usually notified that they need to obtain SR22 car insurance after they are convicted of a qualifying criminal driving offense or after the DMV informs them of the loss of their driver’s license.
“You need an SR-22 on file to have your license fully reinstated or to obtain a restricted license that allows you to drive during your license suspension,” explains attorney Liss. Common driving crimes and infractions that necessitate an SR-22 form include:
- DUI (if the DMV suspended your license, an SR-22 is still required even if you win your criminal case)
- Wet reckless
- Implied consent violation
- Reckless driving
- Hit and run
- Vehicular manslaughter
- Participating in a speed contest
- Evading the police
- Driving with a suspended license
- Driving without insurance
- Causing an accident without insurance
- Getting too many points on your DMV record
- Failing to report an accident to the DMV
Motorcyclists may obtain an SR-22 or an SR-1P document, which is specifically for vehicles with fewer than four wheels. If you aren’t sure whether you need SR-22 or SR-1P, ask your defense attorney or the DMV.
Do You Need an SR-22 After a DUI?
Almost every driver who gets a DUI in California will need an SR-22 to obtain a restricted license or have a license reinstated after the suspension period.1
Winning your DMV hearing may help you avoid the SR-22 requirement. However, if you are later convicted of DUI, your license will still be suspended, and you will still be required to obtain an SR-22. To fully avoid this consequence, you must win the DMV hearing and avoid being convicted of a DUI-related charge.
Learn more about DMV hearings after a DUI here.
What is SR22 Insurance?
The terms “SR-22” and “SR22 insurance” are often used interchangeably, though the SR-22 is technically a form filed with the DMV. SR22 insurance is the type of high-risk policy needed for your insurer to file the form with the DMV.
How to File an SR-22 With the California DMV
When you need to file an SR-22 with the DMV for a full or restricted license, start by finding an insurance company that offers these policies, since not all insurance providers do. Here’s how to get your license back:
Purchase an SR22 Policy.
Pay a Filing Fee.
Wait for Your Insurer to Electronically File the SR-22 With the DMV.
Pay Your DMV Fees.
Maintain Your Policy for the Next Three Years.
How Much Does SR22 Insurance Cost?
Liability insurance after a DUI or a serious infraction is more expensive than standard policies. Costs vary based on location and the severity of the offense.
“The California Low-Cost Auto Insurance Policy2 does not provide SR22 coverage, making license reinstatement difficult for low-income individuals,” says Liss. “An insurance broker can help you compare rates and find the best SR22 policy for your circumstances.”
Standard SR22 Policies
Policies typically cost between $2,000 and $5,600 a year. “Some drivers may find it less expensive to purchase an add-on policy allowing them to maintain their existing coverage and purchase a separate SR22 policy from another company,” says Liss.
Non-Owner Policies
If you do not own a car and rarely drive, a non-owner policy may be a less expensive option, costing $600–$1,800. These policies do not cover cars at your address or work vehicles, but they do meet minimum insurance requirements.
Filing Fees
In addition to premiums, you will need to pay a one-time filing fee of $15 to $50. If you change carriers or your coverage lapses, you will need to pay the fee again for your new policy.
How Long Do You Need an SR-22 in California?
California drivers convicted of a DUI and most other offenses requiring an SR-22 must maintain it for 3 years. However, you will need it for 4 years if your license was suspended after getting in an accident without valid car insurance.
The three- or four-year countdown starts when you get your reinstated or restricted license, not when you purchase your insurance policy. If you allow the policy to lapse, the countdown will reset.
It is up to you to remember when your SR-22 requirements have been met and to cancel your policy afterward. Your rates are likely to go down once you no longer need an SR-22, but this is not guaranteed.
How Long Will My Rates be Affected?
Insurance companies may charge higher premiums for up to 10 years, as long as driving offenses remain on your DMV record. You will usually continue to pay higher rates even after you no longer must carry an SR22 policy. You will be ineligible for good-driver discounts for 10 years after a DUI.
If you have any questions about how long you must carry your SR22 policy or if the mandated time has passed, ask the DMV or your attorney.
What Happens If Your SR-22 Lapses?
“Although there is no criminal penalty for discontinuing your SR22 insurance,” warns Liss, “you must maintain this insurance to keep your license.” If you stop paying your premiums or cancel your policy before your mandatory SR-22 period ends, the insurance company will send an SR-26 form to the DMV. If you did not already purchase a qualified policy with another company:
- Your license will be suspended.
- The clock will reset on your mandatory SR-22 period.
These consequences apply even if you do not drive during the policy lapse. However, if you are caught driving without a valid SR-22, you can be charged with driving on a suspended license.
Learn more about the consequences of driving on a suspended license here.
How SR-22 Affects Restricted Licenses
You cannot get a restricted license after a DUI or other serious driving offense until your insurance company files an SR-22 with the DMV. Aside from an SR-22, you must also:
- Enroll in a DUI class
- Install an IID (if required)
- Pay a reinstatement fee
You must maintain this policy to keep your license valid and to have it reinstated after the suspension period.
Visit our dedicated restricted license page to learn more.
Can You Get SR-22 Insurance Without Owning a Car?
Yes. Non-owner SR22 policies allow you to fulfill the SR-22 requirement to get your license back, even if you do not have your own vehicle. These policies are for vehicles you do not have regular access to and specifically exclude:
- Your vehicle
- Vehicles registered at your address
- Work vehicles
How a DUI Lawyer Can Help
Attorney Peter Liss can help you challenge the DMV license suspension at a hearing and fight your criminal charges. If you successfully avoid a license suspension at the hearing and in your criminal case, you can avoid the SR-22 requirement.
If you didn’t request an administrative per se hearing or lost at the hearing, your attorney can help explain the state’s SR-22 requirements, how they apply to your case, and how to get your license back.
Have any questions about SR-22 documents, insurance, and your ability to drive after a DUI in California? Please contact attorney Peter M. Liss at (760) 643-4050.
Frequently Asked Questions About SR-22s in California
Is SR22 Insurance Expensive?
Yes. SR22 insurance usually costs two to three times more than a standard insurance policy.
Do SR22 Policies End Automatically?
No. It is your responsibility to call your insurance company and cancel the policy after your mandatory SR-22 period.
How do I Know When my SR-22 Period is Over?
This information should be listed on court or DMV paperwork, but if you aren’t sure how long you need to maintain your SR-22, contact the DMV, your insurance company, or your attorney.
Can You Switch Insurance Companies with SR-22?
Yes, but you will need to pay a new filing fee with the new company, and you cannot have a lapse in your coverage. If you switch companies, always wait until your new company files the SR-22 form with the DMV before canceling your existing policy.
Does SR-22 Mean You’re a High-Risk Driver?
Yes. The DMV requires these forms after drivers are charged with serious vehicle-related crimes, commit serious driving violations, or have been declared negligent drivers due to excessive points on their record.
Do You Need SR-22 for Reckless Driving?
Yes. The SR-22 form is required for drivers charged with serious driving crimes, including reckless driving.
How Long do I Have to Wait to Start Driving to Avoid Needing an SR-22?
In most cases, you cannot avoid the SR-22 requirement no matter how long you wait. You will need to maintain an SR22 policy for three to four years, even if you wait years before you start driving again.
What Will Happen to My SR-22 if I Move Out of State?
In most cases, you cannot avoid the SR-22 requirement no matter how long you wait. You will need to maintaiCalifornia’s SR-22 form is tied to your California DMV record. While you can drive in any state with these policies, if you move to a new state, you will need to obtain a new SR-22 in that state. You should secure a policy that meets your new state’s requirements before moving. If you move to a state that does not require high-risk insurance, you must maintain a policy that meets California state requirements.
Once your new policy starts, your new insurance company will file for an SR-22 (or the equivalent FR-44) in your new state and request the California DMV to release your SR-22.
Failing to obtain a new policy before canceling your current policy can result in a coverage lapse, which could cause your license to be suspended again.
Can You Avoid Getting SR22 Insurance?
You do not need SR22 insurance or the associated DMV form SR-22 form as long as you do not plan to drive. Eventually, to get your license back after a suspension, you will be subject to these insurance requirements, even if you only intend to use a vehicle belonging to another person.
Legal References
- DUI First Offenders (California DMV) ↩︎
- Who Qualifies? (California Low Cost Insurance Program) ↩︎
