What Is an SR-22, and Will I Need It After a DUI

Following a DUI conviction, you may receive a notice from the court or the DMV instructing you to submit an SR-22 to reinstate your driver’s license. If you’ve never had your driver’s license suspended or revoked, you may not have heard about SR-22 forms. An SR-22 certifies that you carry the minimum insurance required by state law after you’ve committed offenses that may lead the state to designate you as a higher risk of causing a motor vehicle accident. Thus, you may need an SR-22 after a DUI to prove to the state that you have liability insurance in case you cause an accident.

What Is an SR-22 and When Is It Required?

An SR-22 is not a special type of insurance. Instead, an SR-22 – which is also called a “certificate of financial responsibility” – is a form that drivers convicted of serious traffic offenses may have to file with the Nevada Department of Motor Vehicles. The SR-22 form, which comes from a driver’s auto insurance provider, certifies that the driver carries the minimum insurance coverage required by Nevada law. In Nevada, drivers must have $25,000 per person, $50,000 per accident of bodily injury liability coverage, and $20,000 per accident of property damage liability coverage.

Many states, including Nevada, require drivers convicted of serious traffic offenses to file an SR-22 because their offense demonstrates they pose a “high risk” of an accident. Thus, states want to ensure that such drivers have the minimum required insurance.

State law may require drivers convicted of specific enumerated offenses to file an SR-22. Courts may also order drivers convicted of traffic offenses to file SR-22s. Common reasons why states require drivers to file SR-22s include:

• DUI
• Driving without insurance
• Causing an accident while driving without insurance
• Driving without a license
• Driving with a suspended/revoked license
• Committing multiple traffic violations within a specific period
• Reckless driving
• Driver’s license suspensions for failing to pay child support

In Nevada, a driver must maintain an SR-22 on file for three years after reinstating your driver’s license following a suspension/revocation imposed for a conviction. 

How to Obtain an SR-22 in Las Vegas, NV

A driver required to obtain an SR-22 in Las Vegas can contact their auto insurance provider to request the insurer submit the SR-22 form to the DMV. However, not all insurance companies will issue SR-22 forms. A driver with insurance with a company that does not issue SR-22 forms may have to switch insurance companies or buy an additional minimum coverage policy from an insurer that supplies SR-22 forms.

Furthermore, some drivers convicted of offenses that require them to file SR-22 forms may not have an auto insurance policy, such as when a driver does not own a vehicle to insure. In those cases, drivers may look for insurers willing to issue “no vehicle” policies so that the driver can file an SR-22 form to maintain their driving privileges.

How Much Does an SR-22 Cost?

Insurance companies can charge administrative fees to prepare and file an SR-22 on your behalf. Such fees usually cost around $25. However, requesting an SR-22 from your auto insurer may have additional costs. For example, your insurer may require you to pay your annual insurance premium upfront rather than allowing you to pay the premium via monthly payments. Furthermore, when you renew your policy, your insurance company may increase your premiums as the offense(s) that required you to obtain an SR-22 demonstrate that you pose a high risk of causing an accident. Similarly, if you need to switch insurance providers to get an SR-22, the new insurance company may charge you a higher premium due to the risk you pose.

What Happens If You Don’t Maintain Your SR-22?

When you cancel or fail to maintain your auto insurance, your insurance provider will notify the Nevada DMV by submitting a form SR-26. Once the DMV learns that your insurance has lapsed, it will send you a notice informing you that you have ten days to obtain new auto insurance and submit a new SR-22 before the DMV will suspend your driver’s license. Furthermore, letting your auto insurance and SR-22 lapse at any point during the three-year period in which you must maintain an SR-22 may restart the three-year period for needing an SR-22.

Drivers who plan to switch auto insurance providers during the three-year period in which they must maintain an SR-22 can protect themselves from inadvertently restarting the three-year clock or having their driver’s license suspended by ensuring they have no gap in coverage between their old and new policies. Drivers can set their new policy to begin before their old policy expires.

How Adras and Altig Can Help

Having to obtain an SR-22 for a DUI conviction can cause you anxiety and stress and result in financial consequences, such as increased auto insurance costs. Avoiding a DUI conviction represents the best way to avoid the stress and cost of obtaining an SR-22. A Las Vegas, NV, DUI defense lawyer from Adras & Altig can help you seek a positive resolution to intoxicated driving charges in Las Vegas by:

• Thoroughly investigating your charges to obtain all available evidence rather than attempt to rely solely on the evidence turned over by prosecutors
• Reviewing the facts of your case to identify potential defense strategies, such as challenging the legality of the traffic stop or the reliability of field sobriety/chemical testing
• Explaining your charges and the potential outcomes/consequences, such as SR-22 requirements, to help you make informed decisions
• Challenging the prosecution’s case at every step to fight for a dismissal or reduction of your charges
• Taking your case to trial when you choose to fight your charges and seek an acquittal

Whether you’re facing DUI charges in Nevada or need help dealing with the aftermath of a conviction, the team at Adras & Altig is here for you. Contact us today for a free consultation with our Nevada DUI defense attorneys, and let’s discuss your situation together.