Alabama SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

ALEA's Request for Reinstatement Requirements form (DI-46A) calls the filing 'SR22 Insurance Showing Coverage for Alabama', and ALEA's hardship-license rule (760-X-1-.24(6)) refers to 'SR-22 insurance'. The statute calls it a certificate of insurance: under Ala. Code § 32-7-20(a) proof is furnished by filing with the director (ALEA) the written certificate of an insurance carrier authorized to do business in Alabama certifying that a motor vehicle liability policy is in effect for the person; § 32-7-20(b) allows verification through the online insurance verification system.

“Must File SR22 Insurance Showing Coverage for Alabama Until ... NOTE: The reinstatement fee and/or SR22 (if required) should not be submitted until all tickets are settled and your hearing (if required) is complete.”

What triggers it

Conviction-based suspension or revocation. Ala. Code § 32-7-18(a)–(b) applies whenever the director suspends or revokes a license upon receiving record of a conviction (or bail forfeiture): the license stays suspended or revoked and no license is reissued until the person gives and thereafter maintains proof of financial responsibility. ALEA's DI-46A form lists the SR22 as a conditional requirement ('if required') to be submitted after tickets are settled and any hearing is complete. No ALEA page states the SR-22 requirement specifically for DUI, and none addresses an administrative (test-refusal) suspension.

“Whenever the director, under any law of this state, suspends or revokes the license of any person upon receiving record of a conviction or a forfeiture of bail, the director shall also suspend the registration for all motor vehicles registered in the name of such person”

How long it stays on file, and from when

3 years, the source does not state when the period starts.

Ala. Code § 32-7-31(a)(1) provides that the director shall consent to cancellation of the certificate, or waive the filing requirement, at any time after three years from the date such proof was required, provided no conviction or bail forfeiture that would require or permit suspension or revocation was recorded during the preceding three years. The statute counts from 'the date such proof was required' without defining that date as the conviction, suspension, filing or reinstatement date; ALEA's DI-46A form states an individual end date ('Until ____') for the driver. No ALEA page states the period in years.

“At any time after three years from the date such proof was required when, during the three-year period preceding the request, the director has not received record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the license”

If the policy is cancelled or lapses

Ala. Code § 32-7-24(a) provides that a certified policy may not be cancelled or terminated until at least 10 days after a notice of cancellation or termination is filed with the director. Under § 32-7-33, a person whose required policy has been cancelled or terminated, or who neglects to furnish other proof on request, must immediately return the license and registration to the director; § 32-7-18(b) keeps the license suspended or revoked until proof is given and maintained. ALEA's Driver Manual lists failing to maintain SR-22 insurance when required as a ground for suspension. Whether the three-year period restarts is not stated.

“the insurance so certified shall not be cancelled or terminated until at least 10 days after a notice of cancellation or termination of the insurance so certified shall be filed in the office of the director”

Non-owner and out-of-state policies

Ala. Code § 32-7-19(a) provides that proof may be given 'with respect to a person who is not the owner of a motor vehicle' by a certificate of insurance; § 32-7-20(a) says the certificate need not designate vehicles when the policy is issued to a person who is not the owner of a motor vehicle; and § 32-7-22(c) defines the operator's policy as insuring the named person for use of any motor vehicle not owned by him or her, subject to the same limits as an owner's policy. No ALEA page addresses non-owner SR-22 filings.

“(a) Proof of financial responsibility when required under this chapter with respect to a motor vehicle or with respect to a person who is not the owner of a motor vehicle may be given by filing: (1) A certificate of insurance as provided in Section 32-7-20 or Section 32-7-21”

Ala. Code § 32-7-21(a) allows a nonresident to file the certificate of an insurer authorized in the state where the vehicle is registered (or, if the nonresident owns no vehicle, where the insured resides), and requires the director to accept it if the insurer executes a power of attorney for service of process and agrees in writing that its policies conform to Alabama law; § 32-7-21(b) bars acceptance from an insurer in default. ALEA's DI-46A form refers to 'SR22 Insurance Showing Coverage for Alabama'. No ALEA page addresses filings by drivers who have moved out of state.

“the director shall accept the same upon condition that said insurance carrier complies with the following provisions with respect to the policies so certified: (1) The insurance carrier shall execute a power of attorney authorizing the director to accept service on its behalf of notice or process”

Liability limits the filing certifies

Minimum limits: 25/50/25

Ala. Code § 32-7-22(b)(2) requires the certified owner's policy to carry not less than the minimum amounts set in § 32-7-6(c): $25,000 bodily injury or death of one person, $50,000 for two or more persons and $25,000 property damage per accident; § 32-7-22(c) applies the same limits to an operator's policy. § 32-7-23 requires uninsured-motorist coverage at the § 32-7-6(c) limits to be included in every Alabama motor vehicle liability policy unless the named insured rejects it.

“not less than twenty-five thousand dollars ($25,000) because of bodily injury to or death to one person in any one accident ... not less than fifty thousand dollars ($50,000) ... not less than twenty-five thousand dollars ($25,000) because of injury to or destruction of property of others”

How the filing is confirmed

ALEA's Request for Reinstatement Requirements form (DI-46A) is the document on which ALEA states a driver's individual requirements, including whether an SR22 must be filed and the date until which coverage must be shown; ALEA's reinstatement page states the license may be reinstated online. Ala. Code §§ 32-7-19(b) and 32-7-20(b) allow the director to verify a certified policy through the online insurance verification system.

Agency page: www.alea.gov

“Must File SR22 Insurance Showing Coverage for Alabama Until”

Financial-responsibility statute

Ala. Code §§ 32-7-18 to 32-7-22 and 32-7-31 (Motor Vehicle Safety-Responsibility Act, Title 32, ch. 7)

“Such license and registration shall remain suspended or revoked and shall not at any time thereafter be renewed nor shall any license be thereafter issued to such person ... unless and until he or she shall give and thereafter maintain proof of financial responsibility.”