Southern California DUI Information

SR – 22 Proof of Financial Responsibility DUI

The SR -22 is California’s way of monitoring whether or not, problem drivers maintain proper car insurance.  The SR -22 certificate, or “Financial Responsibility Form” is issued by your insurance company to the DMV, where it is kept on file.  It’s essentially a guarantee of coverage, insuring that you are maintaining California’s required minimum liability coverage.  As long as you keep current auto insurance, your driving privileges are not suspended.  However, if your car insurance coverage is dropped, canceled or lapses for any period of time, your car insurance company will notify the DMV right away.  Upon receiving this notification, the California DMV will immediately suspend your driving privileges by issuing an Order of Suspension.

California’s Compulsory Financial Responsibility Law is in place to protect California drivers.  It ensures that both drivers and owners, of motor vehicles, are able to handle any financial responsibility that would come along with a traffic accident.  This is done by requiring your liability insurance to cover, any and all vehicles that you either, operate or have registered in your name.  Having these minimum levels of insurance coverage insures drivers and owners can pay costs associated with damage or injury, regardless of fault. Additionally, these laws help keep uninsured drivers off California streets and highways.  (California Vehicle Code §§ 16000-16078)

California requires proof of insurance from all drivers.  Drivers that do not have a DUI arrest or a DUI conviction may show proof of insurance by showing a copy of either, their insurance binder or card.  However, drivers that have a DUI arrest or a DUI conviction in California on their record have different requirements.  Drivers with a DUI on their record must file the SR-22 Financial Responsibility Form with the California DMV.  Remember, this is true, even if you were only arrested, and not convicted of a DUI charge. This is a requirement, not an option, with a DUI on your record neither, your insurance binder, nor your insurance card will be adequate proof of insurance.

It is important to note that the SR-22 form is not the same as the SR-1 form.  The SR-1 form is required for drivers who were uninsured and involved in an accident, or have been ticketed for driving without proof of insurance.

What do I need to do to get a Restricted License?

After having your license suspended, as a result of a first time DUI, you can get a restricted license if you take care of the following requirements:

• Pay a $125.00 fee, to the DMV.  This fee covers the DMV re-issuance of your drivers license;
• Your SR – 22 Form, showing proof of financial responsibility, must be filed and maintained with the DMV for three years;
• Have proof of enrollment in a DUI approved alcohol program, either the AB-541 or SB-762 class will work. 

If your license was restricted by either, a DUI or a Wet and Reckless conviction, the following applies:

• You must maintain proof of insurance, a SR-22 form, with the DMV for three years, beginning after your four month suspension has ended. 
• You must also maintain the insurance policy that the SR-22 was filed under.
• Once you file your original SR-22, you do not need to renew or re-file it at any time.
• If your car insurance coverage is dropped, canceled or lapses for any period of time, your car insurance company is required to notify the DMV right away. 
• Upon receiving this notification, the California DMV will immediately suspend your driving privileges by issuing an Order of Suspension stating that you must file another SR-22 with the DMV or your license will be suspended.

Is maintaining proof of insurance, with a SR-22, required for any other driving offenses or issues?

YES, filing an SR-22 is required in the following situations:

• When your driving privileges are reinstated following a DUI suspension;
• If you were convicted of a DUI offense and part of your sentencing involved a DUI school, the following situation can trigger the need for the SR-22 form. 
• If your four month suspension is not over when the DMV receives notice of your conviction from the court, you will be required to show an SR-22.
• After your license has been revoked or suspended;
• After you are involved in a traffic accident as an uninsured motorist;
• After you have failed to provide proper proof of liability insurance to the California DMV;
• When you receive too many tickets in a short period of time, or if you commit repeat traffic offenses; AND
• When you apply for a probationary or hardship permit. 

Does the SR-22 only apply in California?

YES, the SR-22 is valid only in California.  This means if you move out of California to another state, you will need to look into the requirements in your new state of residence. 

What happens after my three year SR-22 filing period ends?

You file a SR-26 form stating, you are no longer required to have a valid SR-22 on file with the California DMV. 

What’s the minimum amount of liability insurance I am required to carry?

California Law requires that each driver carry a minimum, $35,000 of liability insurance.  This $35,000 is broken into three types of coverage:

1. $15,000 for injury/death to one person
2. $30,000 for injury/death to more than one person
3. $5,000 damage to property

To verify that your insurance agent or broker is licensed, by the California Department of Insurance, call 1-800-927-HELP(4357).  We recommend doing this before you purchase auto insurance.

In what situations am required to provide Evidence of Financial Responsibility?

• Any time you are stopped for a traffic violation by a police officer.  Failure to provide evidence of financial responsibility to a peace officer is grounds to issue a citation.  If you are convicted, by law you will be fined $500.00 and may have to pay additional costs of fees associated with your case.  The court may also issue an order impounding your vehicle; and

• When you are involved in a traffic accident, you must provide proof of insurance to the other driver.

Note:  In California, any time you are involved in a car accident you are required to report it to the DMV if any of the following happened in your accident:

• Someone was injured, regardless of the severity, or
• Anyone was killed, or
• The amount of property damage was more than $750.00 (If the accident was before January 1, 2003 the amount of damage was only $500.00)

Each driver is required to file a report with the DMV within 10 days of the accident.  This is required regardless of whether you caused the accident of not, if you were a driver involved in an accident where one of the above occurred you must file this report with the DMV.  The fact that the accident happened on private property also does not excuse your requirement notify the DMV.

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