California SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

The California DMV calls the document a California Insurance Proof Certificate (SR 22) (also 'California Proof of Insurance Certificate (SR 22)' on its insurance-requirements page). Under Cal. Veh. Code § 16431(a) proof is given by the written certificate of an insurance carrier authorized to do business in California, filed with the DMV. DMV's DUI First Offenders flyer (DL 1046A) lists it as 'proof of insurance (SR 22)'.

“DMV requires you to file a California Insurance Proof Certificate (SR 22) as a requirement to reinstate your driving privilege after receiving a DUI.”

What triggers it

DMV states the license is reinstated at the end of the suspension or revocation only on payment of the reissue fee and filing proof of financial responsibility; Cal. Veh. Code § 13352(a)(1)(A) makes proof of financial responsibility a condition of reinstatement after a DUI conviction, and § 16431(b) requires the certificate from anyone whose license was suspended, revoked or restricted under § 13352 (conviction), § 13353 (chemical-test refusal) or § 13353.2 (administrative per se). DMV's DL 1046A flyer lists the SR 22 for both the administrative (APS) restricted license and the court-conviction restricted license.

“Your driver’s license will be reinstated at the end of the suspension or revocation, provided you pay a $125 reissue fee to the DMV and you file proof of financial responsibility (insurance).”

How long it stays on file, and from when

3 years, counted from the date the certificate is filed.

DMV's DL 1046A flyer states the SR 22 must be maintained for 3 years without naming a start event. DMV's California Proof Requirements for Non-Residents (DL 300) states proof is usually kept on file for three years from the first date insurance is filed to end the action. Cal. Veh. Code § 16480(a)(2) allows DMV to cancel the certificate 'at any time after three years from the date the proof was required'. Neither DMV nor the statute uses the word 'continuous'; § 16484 requires suspension whenever the proof on file no longer fulfils its purpose.

“You will usually need to keep “Proof” on file with Department of Motor Vehicles (DMV) for three years from the first date you file insurance to end the action.”

If the policy is cancelled or lapses

Cal. Veh. Code § 16433 requires the certificate to state that DMV will be notified in writing within 10 days after a cancellation of the insurance becomes final. Under § 16484, whenever proof on file no longer fulfils its purpose DMV must require other proof and suspend the driving privilege until adequate proof of financial responsibility is filed. Neither the statute nor the DMV pages state that the three-year period restarts after a lapse.

“shall suspend the privilege of the person to operate a motor vehicle upon a highway. The suspension shall remain in effect until adequate proof of financial responsibility is filed with the department by the person.”

Non-owner and out-of-state policies

Cal. Veh. Code § 16450 defines the certified motor vehicle liability policy as an owner's policy or an operator's policy, and § 16452 provides that an operator's policy insures the named person for use of any motor vehicle not owned by that person, with the same limits as an owner's policy. DMV's Insurance Requirements page refers to the SR 22 'for broad coverage or owner’s policy'. § 16431(b) requires the certificate to cover all vehicles registered to the person.

“16452. An operator’s policy of motor vehicle liability insurance shall insure the person named as insured therein against loss from the liability imposed on that person by law for damages arising out of use by that person of any motor vehicle not owned by that person”

Cal. Veh. Code § 16431(d)(1) allows a resident of another state to provide proof from a company authorized in that person's state of residence if the proof is satisfactory to DMV, covers operation of a vehicle in California and meets the § 16056 limits; § 16431(d)(2) requires a California-form certificate if the person later becomes a California resident during the proof period. DMV's DL 300 form states a non-California insurance document is acceptable only with the Declaration Regarding Certificate of Insurance for Non-Resident Driver, that residents of Arizona, Nevada and Oregon can use only the SR-22 form, and that DUI-related proof is sent to DMV's Mandatory Actions Unit.

“A resident of another state may provide proof of financial responsibility when required to do so under this code from a company authorized to do business in that person’s state of residence, if that proof is satisfactory to the department, covers the operation of a vehicle in this state”

Liability limits the filing certifies

Minimum limits: 30/60/15

Cal. Veh. Code § 16430(a), operative January 1, 2025, defines proof of financial responsibility as at least $30,000 bodily injury per person, $60,000 per accident and $15,000 property damage; § 16430(b) raises these by $20,000/$40,000/$10,000 on January 1, 2035. No uninsured-motorist or PIP component is stated. (The pre-2025 amounts were 15/30/5.)

“of at least thirty thousand dollars ($30,000), and, subject to the limit of thirty thousand dollars ($30,000) for each person injured or killed, of at least sixty thousand dollars ($60,000) ... of at least fifteen thousand dollars ($15,000) resulting from any one accident.”

How the filing is confirmed

DMV's Termination of Action page states that information about a driver record (including outstanding proof requirements) is available from the Mandatory Actions Unit at (916) 657-6525 or by requesting a copy of the driver record online ($2 fee) or by mail (INF 1125, $5 fee). DMV's DL 300 form directs DUI-related proof filings to the Mandatory Actions Unit. The DMV pages describing the filing are the Statewide Ignition Interlock Device Program page and the DUI First Offenders flyer (DL 1046A).

Agency page: www.dmv.ca.gov

“To obtain information regarding your driver record, you may call the Mandatory Actions Unit at (916) 657-6525, or you may request a copy of your driver record online ($2 fee), or by mail”

Financial-responsibility statute

Cal. Veh. Code §§ 16430–16484 (Div. 7, ch. 3, Proof of Financial Responsibility), esp. § 16431; see § 13352(a)(1)(A)

“The department shall require that a person whose driver’s license has been revoked, suspended, or restricted under Section 13350, 13351, 13352, 13353, 13353.2, 13353.3, 13353.7, or 16370, provide, as proof of financial responsibility, a certificate or certificates”