Arizona SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

ADOT MVD calls the filing 'Future Financial Responsibility' and says it is commonly called SR-22: proof that the driver has and maintains the minimum required liability coverage. MVD states the insurance company files the proof electronically with MVD. Under A.R.S. § 28-4076 and § 28-4077 the proof is the written certificate of an insurance carrier authorized to do business in Arizona, filed with the director in the form and with the information the director prescribes; A.R.S. § 28-4084 allows a $40,000 cash or certificate-of-deposit alternative held by the state treasurer (MVD's 'Option 2').

“Future financial responsibility, commonly called SR-22, is proof that you have and maintain the minimum required driver insurance coverage. ... Your insurance company files this proof electronically with MVD as required by Arizona law.”

What triggers it

Court-conviction DUI suspensions and revocations, and implied-consent (test-refusal) suspensions. A.R.S. § 28-3319(A) provides that when a license is suspended or revoked under § 28-1321 (implied consent/refusal), § 28-1381, § 28-1382 or § 28-1383 (DUI, extreme DUI, aggravated DUI), § 28-3320 or § 28-3322, MVD shall not terminate the suspension or revocation, or issue a special ignition interlock restricted driver license (SIIRDL), until the person provides proof of financial responsibility under ch. 9, art. 3. MVD's SR-22 page lists alcohol- or drug-related revocations, court-conviction DUI suspensions, implied-consent suspensions, and acquiring a SIIRDL, and states an SR-22 is not required for a SIIRDL issued because of an Admin Per Se (§ 28-1385) suspension; § 28-1385 is not among the sections listed in § 28-3319(A). MVD's suspension page says DUI, drug-test refusal or insurance violations require SR-22 proof, and its DUI page lists SR-22 proof among the steps after a DUI conviction.

“If, pursuant to section 28-1321, 28-1381, 28-1382, 28-1383, 28-3320 or 28-3322, the license of a driver or the driving privilege of a nonresident is suspended or revoked, the department shall not terminate the suspension or revocation or issue a special ignition interlock restricted driver license”

How long it stays on file, and from when

3 years, counted from the eligibility date.

MVD's SR-22 page states the filing is required for 3 years from the end date of the revocation (alcohol- or drug-related revocations) or from the end date of the suspension (court-conviction DUI suspension; implied-consent suspension), i.e., from the date the suspension or revocation period ends and the person becomes eligible to reinstate, not from the conviction or from the filing. For a SIIRDL the filing is required throughout the restricted-license period. The statute, A.R.S. § 28-4088(A)(3)(a), lets the director waive the filing requirement at any time after three years from the date the proof was required; § 28-4088(C) requires a person who surrendered the license and reapplies within three years to re-establish proof for the remainder of the three-year period. MVD states it removes the requirement automatically when the period is complete. Neither source uses the word 'continuous', but MVD says a lapse at any time during the required period may lead to suspension until proof is re-established.

“Alcohol- or drug-related revocations 3 years from the end date of your revocation Court-conviction DUI suspension 3 years from the end date of your suspension Implied-consent suspension (refusing alcohol/drug test) 3 years from the end date of your suspension”

If the policy is cancelled or lapses

MVD states that if the coverage lapses at any time during the required period the driver license may be suspended until proof is re-established, that the insurer must notify MVD when the policy cancels or lapses, and that once notified MVD may suspend driving privileges immediately. To re-establish, the insurer files new SR-22 proof electronically and the driver pays a $10 suspension fee at AZMVDNow.gov or an MVD or Third Party office. Under A.R.S. § 28-4081 the insurer may not cancel or terminate a certified policy until at least ten days after filing a notice of cancellation or termination with the director; under § 28-4087, if the proof no longer fulfills its purpose the director requires other proof and suspends the license and registration pending its filing. Neither MVD's page nor the statute says the three-year period restarts after a lapse; MVD does not name the SR-26 form.

“If your Future Financial Responsibility coverage lapses at any time during the required period, your driver license may be suspended until you re-establish proof. Your insurance company must notify MVD if your policy cancels or lapses.”

Non-owner and out-of-state policies

MVD's SR-22 page states that a driver who does not own a vehicle needs a non-owner insurance policy and then has the insurer file the SR-22 certificate. A.R.S. § 28-4077(A)(2) provides that the certificate need not designate vehicles when the policy is issued to a person who is not the owner of a motor vehicle, and § 28-4009(B) defines the operator's motor vehicle liability policy (covering use of a vehicle not owned by the insured) subject to the same limits as an owner's policy.

“If you don't own a vehicle, you'll need a non-owner insurance policy. Once you have coverage, request that your insurance company file an SR-22 certificate with MVD.”

A.R.S. § 28-4078(A) provides that a nonresident owner of a vehicle not registered in Arizona may give proof by filing 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 the director shall accept it on condition that the insurer executes a power of attorney for service of process and agrees in writing that its policies conform to Arizona law; § 28-4078(B) bars acceptance from a carrier in default. MVD's page tells Arizona drivers to contact an Arizona-licensed insurer, and states MVD may release a person from an SR-22 requirement if the person is no longer, or never was, a resident of Arizona (judgments excepted).

“A nonresident owner of a motor vehicle that is not registered in this state may give proof of financial responsibility by filing with the director a written certificate of an insurance carrier authorized to transact business in the state in which the motor vehicle ... is registered”

Liability limits the filing certifies

Minimum limits: 25/50/15

A.R.S. § 28-4001(7) defines proof of financial responsibility as proof of ability to respond in damages in the amounts required by § 28-4009 (or § 28-4033 for commercial vehicles). § 28-4009(A)(2)(b) sets the limits for policies issued or renewed on or after July 1, 2020 at $25,000 for bodily injury or death of one person, $50,000 for two or more persons, and $15,000 for property damage, per accident; § 28-4009(B) applies the same limits to an operator's (non-owner) policy. Neither the statute nor MVD's SR-22 page states an uninsured-motorist or PIP component for the filing.

“(i) $25,000 because of bodily injury to or death of one person in any one accident. (ii) Subject to the limit for one person, $50,000 because of bodily injury to or death of two or more persons in any one accident. (iii) $15,000 because of injury to or destruction of property of others”

How the filing is confirmed

MVD states the driver can check the requirement status online at AZ MVD Now > Other Services > Compliance Issues Timeline > Compliance Report (the same report MVD's DUI page lists as Step 1 of reinstatement). MVD says the insurer files the proof electronically, that MVD automatically removes the requirement when the period is complete with no action by the driver, and that the insurer may keep filing after removal until the driver asks it to stop. MVD's SR-22 page is the agency page describing the filing.

Agency page: azdot.gov

“Check your requirement status You can do this online at AZ MVD Now > Other Services > Compliance Issues Timeline > Compliance Report .”

Financial-responsibility statute

A.R.S. Title 28, ch. 9, art. 3 (Proof of Financial Responsibility), §§ 28-4076 to 28-4088; certificate of insurance § 28-4077; duration § 28-4088; requirement triggered by A.R.S. § 28-3319(A)

“give proof of financial responsibility by filing with the director the written certificate of an insurance carrier duly authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof”