In California, there are 3 main areas of a DUI matter. They are:
1. The DMV (APS) Hearing
2. The CRIMINAL COURT Hearings
3. Car Insurance Consequences
Our policy is to "prepare for the worst, and hope for the best." With this in mind, we believe our clients need as much information as possible in order to make the most educated decision possible during these difficult times. In a DUI matter, the only way to avoid any and all repercussions relating to your car insurance, is to be victorious at every stage of your case. If you lose either the DMV (APS) hearing, or are found guilty at any level within the Criminal Court, there will be requirements to fulfill relating to your insurance prior to you being eligible for a restricted drivers license.
What is an SR-22 "Proof of Insurance"?
An SR-22 is a certificate that must be filed by an insurance company stating that auto liability insurance is in effect for a particular individual. The SR-22 or "Proof of Insurance Certificate" is the paperwork required to monitor the insurance requirements of drivers with recent infractions.
- This document (SR-22) also guarantees that the required minimum liability coverage has been obtained by the respective person;
- Proof of Insurance and an SR-22 must be maintained for three years. The required three year period starts from the date the original suspension would have ended.
- Proof of Insurance and the SR-22 will stay in effect if you do not cancel the policy or get dropped during the 3 year period. The insurance policy the SR-22 is filed under must remain in effect in order for you to maintain your restricted license.
An Sr-22 is required for all persons arrested for and/or convicted of a DUI. However, you do not have to be convicted to receive a suspended license. You could win your court case and lose your DMV hearing and still need an ST-22. To be eligible for a restricted license after being arrested for a DUI you have to do three things:
- Show proof of financial responsibility (SR-22)
- Show proof of enrollment in an approved DUI program School
- Pay a DMV re-issue fee of $125 to the DMV.
Other situations where you will need to show an SR-22 to the DMV to have your license returned:
- Those convicted in court of a DUI, and sent to a DUI school. If the four month period is not up by the time the DMV receives notice from the court of your conviction, then the requirement to show an SR=22 goes in effect.
- Those that had their license restricted by the court for a DUI or "Wet Reckless". If you do not own a car, you would purchase a non-owner SR-22 policy. The policy would provide coverage for you liability and protection. Even though you do not own a vehicle, you may still be required to carry a SR-22 polity. This is called a "non-owner" SR-22 insurance policy. The vehicle is not covered by a SR0-22 policy or a non-owners policy.
What are the Minimum Limits of Liability?
- $15,000 for injury/death to one person
- $30,000 for injury/death to more than one person
- $5,000 for damage to property