SR-22 is the name many drivers and insurers use for a certificate that an insurance company files to prove financial responsibility. The word “SR-22” does not appear in the South Carolina Code of Laws, and SCDMV uses it for the insurer’s certificate. In South Carolina, the legal requirement is proof of financial responsibility. This page explains what the Code says about when SCDMV requires that proof, how it is given and how long it may need to be kept. It is general information, not legal advice. A licensed South Carolina attorney at Touma Law Group must review the facts of your case before you rely on any of it.
A DUI conviction can lead to a license suspension that carries a proof of financial responsibility requirement. For more information on your DUI charge, contact a DUI defense lawyer at Touma Law Group today for a free consultation!
When Do You Need to Get SR-22 Insurance?
When SCDMV suspends a license under any law, for example after a DUI conviction (S.C. Code Ann. § 56-5-2990), it also suspends the registrations unless the person gives and then maintains proof of financial responsibility. The license and registration stay suspended until that proof is given and maintained (S.C. Code Ann. § 56-9-500).
There are exceptions. A person whose license is suspended under the implied consent law for refusing a chemical test, or for a result of 0.15 or more, does not have to file proof of financial responsibility for that suspension (S.C. Code Ann. § 56-5-2951(M)). Proof is also not required after a conviction for possession of alcohol by a person under 21 (S.C. Code Ann. § 56-1-746(C)).
SCDMV also requires proof of insurance in other situations. For example, SCDMV states a three-year SR-22 requirement for suspensions related to driving uninsured. Whether the requirement applies to you depends on the suspension that SCDMV has placed on your record, so check with SCDMV or your insurer.
How Proof of Financial Responsibility Is Given
The Code allows the proof to be a certificate of insurance filed by the insurer (S.C. Code Ann. § 56-9-540; S.C. Code Ann. § 56-9-550). That certificate is what drivers call an SR-22. After a DUI arrest or conviction, the filing is made by your insurance company, not by you.
The Code does not describe different types of SR-22 filings, such as filings for a person who does not own a vehicle. If you do not own a car, ask your insurer or SCDMV what kind of filing and policy will satisfy the requirement in your situation.
How to Obtain an SR-22 Filing
Because the certificate is filed by the insurer, the first step is to contact your insurance company and ask whether it files the certificate with SCDMV. SCDMV lists the current reinstatement steps on its license reinstatement page, and you should confirm the requirements there before you rely on any other source. You can find general information from the South Carolina Department of Motor Vehicles on its website.
How Long Do You Have to Keep SR-22 Insurance?
The Code does not name one fixed period for every case. On request, SCDMV waives the filing requirement at any time after three years from the date proof was required, if in the three years before the request SCDMV has received no record of a conviction or bail forfeiture that would require or permit a suspension (S.C. Code Ann. § 56-9-620). Three years is the period the Code uses for that waiver, but the exact requirement depends on your case, so confirm it with SCDMV or your insurer.
What Happens if You Fail to Maintain Coverage with an SR-22 On File?
The Code requires the person to give and then maintain proof of financial responsibility, and the license and registration stay suspended until proof is given and maintained (S.C. Code Ann. § 56-9-500). If your coverage lapses while a filing is required, ask SCDMV and your insurer what that means for your license and registration before the lapse happens.
Cost of SR-22 Insurance
The amount an insurer charges for a policy or a filing comes from the insurer, and this page does not state any amount. Contact insurers for quotes and ask what they charge to file the certificate and what happens if the filing period is interrupted. An insurer may not raise premiums, add surcharges or cancel a policy based only on a DUI charge unless the person is convicted (S.C. Code Ann. § 56-5-2951(N)).
Contact a DUI Lawyer Today!
If you have been charged with driving under the influence, one of the first steps you should take is to speak with a DUI lawyer at Touma Law Group. A DUI attorney at our firm can explain your legal options and the court process, and can review which license suspension applies to you, because the proof of financial responsibility requirement is tied to a suspension. No lawyer can promise a result.
One issue that often arises after a DUI charge is the need for SR-22 proof of financial responsibility. A lawyer at Touma Law Group can explain what the Code says about your situation, while SCDMV and your insurer can confirm the specific filing you need.
