A DUI conviction can have serious consequences, including the requirement to file an SR-22. But what exactly is an SR-22, and what does it entail? Understanding the ins and outs of SR-22 filings is crucial to navigating the aftermath of your DUI offense.
If you have had your driver’s license suspended or revoked after a DUI, you will eventually be told you need an insurance form called an SR-22. Keep in mind that the SR-22 is not a form you fill out; it’s a certificate from your car insurance provider showing that you have adequate insurance to meet state rules.
Contact us now for a free consultation with a Los Angeles DUI lawyer, or keep reading to learn more.
When Will I Need an SR-22 Filing?
If you already have a DUI conviction in California, you will likely need to file an SR-22. Driving under the influence of alcohol or drugs is one of the serious traffic violations that result in the need for an SR-22.
You will need an SR-22 if you want to:
- Obtain a restricted driver’s license to drive to work while your license is suspended.
- Reinstate your license after the suspension period is over.
Effectively, you cannot drive again until you have shown the Department of Motor Vehicles (DMV) a form SR-22.
Why does California Require an SR-22?
Most drivers carry proof of insurance, but California still requires this separate form if you’ve had a DUI. The reason is that most car insurance providers will charge higher rates for drivers who have a DUI arrest, and some will even cancel your insurance. This gives DUI drivers an incentive to lie about their insurance, and the SR-22 prevents that.
With the SR-22, the state knows that:
- You have adequate car insurance.
- You didn’t cancel your insurance to avoid high rates.
- Your insurance has not been revoked because of your DUI.
How do I Get an SR-22?
To obtain an SR-22, you will need to contact your insurance provider. Unfortunately, informing your company about the need for an SR-22 is a significant event.
Subsequently, your company will review your DMV record to determine the reason for the form requirement and will either:
- Terminate your policy.
- Provide you with the necessary certificate.
Obtaining an SR-22 from your current provider will likely lead to an increase in your insurance rates. Typically, your insurance company electronically files the SR-22 with the DMV.
What If My Insurance Company Drops Me?
Not all car insurance providers offer SR-22 coverage; in fact, many do not. If your current provider cancels your coverage, necessitating the procurement of an SR-22 elsewhere, you may face higher premiums. Insurers will see you as a “high-risk” driver.
California law mandates that all drivers maintain auto insurance. So, a program is available to connect individuals who are unable to obtain an SR-22 independently with an insurer.
Fortunately, while a DUI is a significant consideration, insurance companies also assess the following:
- Your driving history
- Your age
- Your driving experience
- Your marital status
- Your location
How Much Will an SR-22 Cost?
The SR-22 form is a document required by most states, including California, for those who have been convicted of driving under the influence, reckless driving, or other serious traffic offenses. The cost of filing this form can vary depending on the state, but it typically costs around $25.
However, the filing fee is the least of your worries. Once you request the SR-22 form, your insurance company will find out about your DUI and likely raise your rates.
How Can I Afford Insurance With an SR-22?
Possessing an SR-22 can significantly impact your insurance premium. This is attributed to the SR-22 serving as evidence of your auto liability coverage, typically mandated following specific traffic infractions. The extent of the impact on your rates hinges on the nature of the infraction, with convictions like DUI resulting in a substantial increase.
For offenses such as driving without insurance, the rate increase may not be as extreme. To alleviate the financial burden, obtaining quotes from various providers is advisable. Different insurers may offer disparate rates based on the perceived level of high-risk behavior, making it crucial to compare offers for cost-effectiveness.
In a nutshell, having an SR-22 will substantially raise your insurance rate, which is why you should do everything you can to avoid having your driver’s license suspended.
How Much Higher Will My Insurance Company Charge Me with an SR-22?
An SR-22 form raises your rates, especially because it notifies insurance carriers of your DUI charges and can lead to higher nonstandard insurance rates. Compared to traditional auto insurance policies, these rates could be two to four times more expensive.
It’s important to note that an SR-22 isn’t the only factor when calculating your insurance rate—your age, location, driving record, and credit score will also come into play.
That said, with an SR-22 resulting from a DUI, you will end up spending significantly more on auto insurance than someone else in your demographic with a clean driving record would pay.
How Long Will My Insurance Rates Be Elevated?
Insurers may institute higher rates if they believe you pose an increased risk to their business. These higher premiums may remain in effect for three to seven years, and insurers are unlikely to issue any good driver discounts during this period. Conversely, if your record remains clean, you should expect the rate increase to decline over time as your record is reviewed annually.
In some cases, the insurer might decide not to renew your policy at all following a period of increased rates. If that’s the case, then you should look for help from a DMV-approved insurer who will still provide you with an adequate SR-22 filing.
Keep in mind that your existing insurer might be willing to renew coverage once the premium is recalculated after three to seven years have passed. Therefore, it’s worth exploring that option before searching elsewhere for coverage.
How Long Will I Need an SR-22?
SR-22s are court-mandated insurance documents that are required for drivers with high-risk violations like DUIs. The amount of time someone is required to have an SR-22 can vary based on the state they reside in, but typically, three years after the DUI charges are standard.
During this time, drivers must maintain a certain level of minimum liability insurance—the amount depends on each state. After the three-year filing period ends, you may need to file the form annually or biannually, which will depend on your particular area’s regulations.
It’s important to note that once your designated filing time has passed, you must renew it; otherwise, it may be canceled and could result in fines and further consequences.
How Can I Avoid Needing an SR-22 Form?
A DUI lawyer can help you fight your license suspension and potentially even win your DUI case. If your license is not suspended, you do not need an SR-22, and you may even avoid the insurance hike.
Legal representation is crucial for navigating the complexities of a DUI case. An experienced lawyer can help you challenge any license suspension resulting from the charges, which is the typical trigger for requiring the SR-22 filing. Through their efforts, you can successfully fight the suspension itself.
Further, a strong legal defense may even lead to winning your DUI case. If your lawyer can prevent the suspension or secure a case dismissal, you likely won’t face the SR-22 requirement at all. Without a suspension on your license, the SR-22 and associated insurance rate hike become unnecessary.
How Can I Avoid a DUI Conviction?
A DUI conviction in California can negatively impact your life for over a decade. Loss of driving privileges, massive fines, exorbitant insurance rates, and a criminal record are just a few of the devastating consequences.
Here are some tips for avoiding a conviction:
Don’t Drink and Drive
While there are steps you can take to reduce your chances of DUI charges, the only foolproof method is to abstain from alcohol if you plan to drive. A DUI conviction requires prosecutors to prove your blood alcohol concentration was at least 0.08% while operating a vehicle. This limit applies to drivers who are 21 and over and is outlined in California Motor Vehicle Code § 23152.
So, if you know you’ll be driving later, don’t consume any amount of alcohol. Make alternate transportation plans ahead of time if you think you may drink at an event. Even one drink can potentially put you over the legal blood alcohol concentration (BAC) limit.
Appoint a designated driver who isn’t drinking, take a taxi, or use a rideshare service to ensure you don’t drive while impaired. While other precautions can help, staying completely sober is the only guaranteed way to avoid a DUI and keep the roads safe. Don’t take chances with your future.
Be a Safe Driver and Maintain Your Vehicle
Police need probable cause to make a DUI arrest—evidence that you were driving impaired. Avoid giving them any opening to pull you over in the first place. Always maintain your vehicle so there are no technical violations. A stop for something like a broken taillight can quickly lead to a DUI investigation if the officer suspects alcohol impairment.
Follow all traffic laws and drive within speed limits. Even minor traffic violations can attract police attention and give them a reason to assess your sobriety should you appear intoxicated.
While not guaranteed, denying officers easy probable cause minimizes the chances they’ll have cause to arrest you for DUI. Good driving habits help prevent traffic stops that can morph into impaired driving investigations. Don’t give them a reason to stop you in the first place.
Know Your Rights During a Traffic Stop
If you are stopped and suspected of being intoxicated, know that you have the right to refuse subjective field sobriety tests before arrest. Even if the officer presses you, you can politely decline the tests. Just don’t get aggressive. Pre-arrest test refusal won’t be penalized.
Comply With Testing If You Are Arrested
If you are arrested, you must comply with chemical testing to avoid an automatic license suspension. The test results can be questioned later in court as part of your defense. Procedural errors and equipment issues are common.
An experienced DUI defense attorney can review the specifics of your case to identify improper police procedures as a way to challenge the charges. They may be able to get charges reduced or dismissed based on a lack of probable cause, faulty tests, or other issues.
Free Consultation With a Los Angeles DUI Lawyer
If you are hoping to avoid an SR-22 filing requirement or other consequences of a DUI, a Los Angeles DUI lawyer may be able to help. We can connect you right away with an experienced local DUI defense attorney for a free initial consultation.
A skilled DUI attorney knows how to identify potential issues, such as improper procedure, faulty chemical testing, or a lack of probable cause. They have experience navigating the local courts and leverage relationships with prosecutors and judges to advocate aggressively on your behalf.
Whether your goal is reduced charges, a dismissed case, or regaining your driving privileges, a knowledgeable DUI lawyer will maximize your chances of the best possible outcome. Fill out the online contact form or call now to schedule your free consultation.
