DUI is one of the most common offenses committed in the state OF California. Most people know that a DUI can result in possible jail time and substantial fines. However, they may not consider other hardships that come about as a result of a DUI conviction, including the possible suspension or revocation of driving privileges and new insurance requirements. If you have been convicted of driving under the influence of drugs or alcohol, you need to know how your auto insurance will be affected.
After You Are Arrested for DUI
After you are arrested for DUI, the arresting officer will take your driver’s license and give you a “Notice of Suspension.” The Notice of Suspension document will serve as a temporary license for 30 days before your driver’s license is suspended for six months. You have ten days to request a hearing at the DMV to prevent the suspension of your license. If you win your DMV hearing, your license will not be suspended. However, if you lose your DMV hearing or did not request one, your license will be suspended.
New Insurance Requirement ( SR22 Certificate of Insurance)
As part of the requirements for reinstating your driving privileges after the suspension or revocation of your license, you are required to have an SR22 Certificate of Insurance. An SR22 is proof that your auto insurance company files with the DMV to confirm that you meet the state’s minimum requirements for auto insurance liability coverage.
To obtain an SR22, you must contact your auto insurance company. Once your auto insurance company is aware that you need an SR22, it will access your DMV driving record. Your insurance company will review the DUI conviction as well as your past driving record and will either cancel your policy or issue you the SR22 (usually your insurance company will file the SR22 electronically with the DMV).
Your policy may be cancelled because the insurance company considers you a “high risk” driver. If your insurance company issues the SR22, you can expect your auto insurance cost to increase substantially (up to $800 per year for a policy with an SR22).
If your coverage was cancelled by your auto insurance company, you are still required to be insured under a new insurance company with an SR22. The California Automobile Assigned Risk Plan (CAARP) can help match you with an insurance company that will insure you.
Your insurance company may charge you a $50 fee for filing the SR22 and you are generally required to have an SR22 Certificate for a period of three years.
SR22 Certificate of Insurance and Restricted Licenses
If your DUI conviction was your first offense, you may be able to petition for a restricted license after the first month of your license suspension. A restricted license allows you to drive to and from work and your DUI school (part of the penalties of your DUI conviction). The DMV may grant you a restricted license if you:
- Enroll in a DUI school;
- File an SR22; AND
- Pay a $15 restriction fee and a $125 reissue fee.
For a second DUI offense, the DMV may issue you a restricted license if you comply with the following requirements:
- Enroll in a DUI school;
- Install an ignition interlock device (IID) in your car and promise not to drive any car without an IID;
- File an SR22; AND
- Pay a $15 restriction fee and a $125 reissue fee.
Call Wallin & Klarich Today
If you or a loved one has been charged with DUI, it is critical that you speak to an experienced criminal defense attorney as soon as possible. At Wallin & Klarich, our attorneys have over 30 years of experience successfully defending people charged with DUIs. Our attorneys will fight to get you the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
