Alaska SR-22 requirements after a DUI
Alaska requires an SR-22 filing for 5 years after a DUI, counted from the eligibility date.
What Alaska says
SR-22 (proof of financial responsibility for the future). Under AS 28.20.230(c), a person convicted of DUI under AS 28.35.030 or refusal under AS 28.35.032 must maintain proof for 5 years (no prior conviction), 10 years (one prior), 20 years (two priors), or for as long as licensed (three or more priors). The DMV requires proof of SR-22 insurance dated within the last 30 days at reinstatement.
“Pay the reinstatement and license fees Proof of SR-22 Insurance Present proof of birth and identity”
Ignition interlock statute (see the state page): AS 28.35.030
At a glance
| Filing required after a DUI | Yes |
|---|---|
| Form | SR-22 |
| Filing period | 5 years |
| License reinstatement fee | $200 |
| Licensing agency | State of Alaska, Department of Administration, Division of Motor Vehicles (DMV) |
Which filing, and what triggers it
Form: SR-22
The Alaska DMV calls it an SR-22 insurance policy - a certificate of insurance that shows the department proof of insurance for the future, as required by AS 28.20.230; the insurance company certifies coverage to the Division of Motor Vehicles and must notify DMV of any cancellation, termination or lapse. AS 28.20.410 describes it as the written certificate of an insurance carrier authorized to do business in Alaska, filed with the department. The DMV's Limited License page calls it the 'Financial Responsibility Filing (SR 22 insurance form) for Alaska'.
“An SR-22 insurance policy is a certificate of insurance that shows the department proof of insurance for the future, as required by law ( AS 28.20.230 ). ... SR-22 is a motor vehicle liability insurance which requires the insurance company to certify coverage to the Division of Motor Vehicles”
What triggers it
A conviction for DUI (AS 28.35.030) or for refusal of a chemical breath test (AS 28.35.032) triggers the statutory maintenance period under AS 28.20.230(c). Separately, AS 28.20.240 provides that any period of suspension, revocation or cancellation continues until proof of financial responsibility for the future is provided, and the DMV lists proof of SR-22 insurance (dated within the last 30 days) as a reinstatement step for both the DUI administrative revocation and the court conviction, and as a condition of a limited license.
“a person convicted of driving under the influence of an alcoholic beverage, inhalant, or controlled substance in violation of AS 28.35.030 , or convicted of refusal to submit to a chemical test of breath under AS 28.35.032 , shall maintain proof of financial responsibility for the future”
How long it stays on file, and from when
5 years, counted from the eligibility date.
Five years for a first DUI or refusal conviction (AS 28.20.230(c)(1); 10 years with one prior, 20 years with two priors, for as long as licensed with three or more). The DMV's SR-22 page runs the period 'from the ending date' of the revocation - for most other offenses 'three years from the ending day of any revocation'. The statute states no start event and does not use the word continuous; AS 28.20.540(c) requires proof cancelled after a license surrender to be reestablished for the remainder of the period.
“For most offenses, you must carry this kind of insurance policy for three years from the ending day of any revocation. For DUI and Refusal convictions SR-22 is required for: Five (5) years from the ending date on a first offense Ten (10) years from the ending date on a second offense”
If the policy is cancelled or lapses
The DMV says the insurance company must notify DMV any time the policy is canceled, terminated or lapses. AS 28.20.450 bars cancellation of a certified policy until at least 10 days after a notice of cancellation or termination is filed with the department; AS 28.20.520 requires the department to demand other proof and suspend the license pending its filing; AS 28.20.560 requires a person whose required policy is cancelled to return the physical license to the department. AS 28.20.540(c) (proof reestablished for the remainder of the three-year period) is the only restart provision and addresses license surrender; no page or section says the DUI period restarts. The DMV does not name an SR-26 form.
“When an insurance carrier certifies a motor vehicle liability policy under AS 28.20.410 or 28.20.420 the insurance certified may not be cancelled or terminated until at least 10 days after a notice of cancellation or termination of the insurance is filed with the department”
Non-owner and out-of-state policies
| Non-owner (operator) policy | Accepted |
|---|---|
| Out-of-state insurer or resident | Accepted |
The DMV's SR-22 page says a car is not needed to buy this insurance and refers to a non-owner SR-22 policy; AS 28.20.410 waives the vehicle-designation requirement when the policy is issued to a person who is not the owner of a motor vehicle, and AS 28.20.440(c) defines the operator's policy covering vehicles not owned by the insured.
“You do not need to own a car to buy this kind of insurance. If you do not own a car, ask your insurance company about a non-owner SR-22 policy.”
The DMV's reinstatement pages give a separate checklist for a person 'reinstating, but have an out-of-state license', which still requires proof of SR-22 insurance dated in the last 30 days, and the Limited License page specifies the filing must be 'for Alaska'. AS 28.20.420 lets a nonresident file the certificate of an insurer authorized in the state where the vehicle is registered (or where the nonresident resides), provided the carrier executes a power of attorney for service of process and agrees in writing that the policy conforms to Alaska law.
“If you are reinstating, but have an out-of-state license (not trying to get an Alaska driver's license): Completed and signed D1 application to show out-of-state address Submit SR22 form, dated in the last 30 days”
Liability limits the filing certifies
Minimum limits: 50/100/25
AS 28.20.440(b)(2) requires $50,000 for bodily injury to or death of one person, $100,000 for two or more persons, and $25,000 for property damage, per accident; AS 28.20.440(b)(3) also requires uninsured/underinsured motorist coverage in not less than those amounts (complying with AS 28.20.445). AS 28.22.101(d) states the same limits for the mandatory-insurance law.
“$50,000 because of bodily injury to or death of one person in any one accident, and, subject to the same limit for one person, $100,000 because of bodily injury to or death of two or more persons in any one accident, and $25,000 because of injury to or destruction of property of others”
How the filing is confirmed
The DMV's SR-22 page says a person required to show proof of SR-22 filing before reinstatement must obtain a copy of the SR-22 insurance binder, or the application for the binder, dated within the last 30 days; the reinstatement checklists repeat 'SR22 form, dated in the last 30 days'. The insurer certifies coverage to the DMV. No DMV page describes an online lookup of the filing; the SR-22 page gives an adjudication e-mail contact for questions.
Agency page: dmv.alaska.gov
“If you are required to show proof of SR-22 insurance filing before having your driver's license reinstated, you must obtain a copy of the SR-22 insurance binder (dated within the last 30 days) or application for the binder (dated within the last 30 days).”
Financial-responsibility statute
“a person convicted of driving under the influence of an alcoholic beverage, inhalant, or controlled substance in violation of AS 28.35.030 , ... shall maintain proof of financial responsibility for the future for (1) five years if the person has not been previously convicted”
How an SR-22 works in general — who files it, why premiums differ, and what an SR-26 is — is explained in the glossary; everything above is specific to this state and quoted from its sources.
Questions about SR-22 in Alaska
- How long is an SR-22 required after a first DUI or refusal in Alaska, and from when?
- AS 28.20.230(c) requires a person convicted of DUI under AS 28.35.030 or refusal under AS 28.35.032 to maintain proof of financial responsibility for the future for five years if not previously convicted (10 years with one prior, 20 with two, for as long as licensed with three or more). The Alaska DMV's SR-22 Insurance page states the five years run 'from the ending date' of the revocation on a first offense.
- Can a driver without a vehicle file an SR-22 in Alaska?
- The Alaska DMV's SR-22 Insurance page states that a person does not need to own a car to buy this kind of insurance and refers to a non-owner SR-22 policy. AS 28.20.410 requires the certificate to designate the covered vehicles 'unless the policy is issued to a person who is not the owner of a motor vehicle', and AS 28.20.440(c) defines an operator's policy covering vehicles not owned by the insured.
- What liability limits does an Alaska SR-22 certify, and what happens if the policy is cancelled?
- Under AS 28.20.440(b), the certified policy carries limits of $50,000 per person and $100,000 per accident for bodily injury and $25,000 for property damage, plus uninsured/underinsured motorist coverage in the same amounts. The DMV states the insurer must notify DMV of any cancellation, termination or lapse; AS 28.20.450 requires 10 days' notice to the department, and AS 28.20.520 suspends the license pending other proof.
- Does Alaska require an SR-22 after a DUI, and for how long?
- Yes. AS 28.20.230(c) requires a person convicted of DUI under AS 28.35.030 or refusal under AS 28.35.032 to maintain proof of financial responsibility for the future for five years (no prior conviction), 10 years (one prior), 20 years (two priors), or as long as licensed (three or more priors). The Alaska DMV lists proof of SR-22 insurance dated within the last 30 days as a reinstatement requirement.
Sources
- Alaska DMV - SR-22 Insurance (definition, durations by offense, non-owner policy, 30-day binder rule)
- AS 28.20.230 Proof of financial responsibility for the future (akleg.gov printable version)
- AS 28.20.240 to 28.20.270 Proof required when driving privilege is restricted; unlicensed persons; accidents (akleg.gov printable version)
- AS 28.20.400 to 28.20.460 Certificate of insurance as proof; nonresident certificate; liability policy defined (limits) (akleg.gov printable version)
- AS 28.20.445 to 28.20.455 including AS 28.20.450 Notice of cancellation or termination of certified policy (akleg.gov printable version)
- AS 28.20.460 to 28.20.560 Other proof may be required; duration, cancellation and return of proof; surrender of license (akleg.gov printable version)
- AS 28.22.101 General coverage requirements; policy limits (akleg.gov printable version)
- AS 28.20.330 Suspension to continue until judgments paid and proof given (cited by the DMV reinstatement page) (akleg.gov printable version)
- Alaska DMV - Reinstate Your Driving Privileges (SR-22 checklists for Alaska and out-of-state license holders)
- Alaska DMV - Reinstate After DUI, Breath Test or Refusal
- Alaska DMV - Limited License (Financial Responsibility Filing (SR 22 insurance form) for Alaska)
- Alaska DMV - Form 466 Certificate of Insurance (crash financial-responsibility notice; refers to 'proof of future financial responsibility (SR-22 insurance)')