Idaho SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

ITD describes the SR22 as a form the car insurance company files with the state to prove the driver has the minimum required insurance after serious driving violations - a certificate, not insurance itself. ITD states that as of January 1, 2025 SR22/26 information must be submitted by the insurer through the State of Idaho Insurance Verification System, after which it updates the driver's record automatically. Idaho Code 49-1213 refers to the insurer's certification of a motor vehicle liability policy filed with the department.

“An SR22 is a special form your car insurance company files with the state to prove you have the minimum required insurance after serious driving violations. It’s not insurance itself, but a certificate showing you’re properly insured.”

What triggers it

Conviction. ITD's SR-22 and Reinstatement Information sheet lists 'Driving under the Influence (DUI) - IC 18-8004' first among the convictions requiring an SR-22, and ITD's guide states that a driver found guilty of DUI must maintain an SR-22 for three years. Idaho Code 49-1208(2) applies whenever the department or a court suspends, or the department revokes, a license 'by reason of a conviction, forfeiture of bail, or upon a plea or finding of guilty'. ITD's FAQ answers 'Why do I need an SR22 to reinstate' by citing Idaho Code 49-1208. No ITD page or statute reviewed states that the 90-day administrative license suspension (ALS) alone requires an SR-22.

“Convictions requiring an SR-22: • Driving under the Influence(DUI) – IC 18-8004”

How long it stays on file, and from when

3 years, counted from the eligibility date.

Idaho Code 49-1208(2): proof must be verified for a three-year period 'commencing with the last day of the suspension or revocation'; ITD's guide states the SR-22 must be maintained for three years 'beginning at the conclusion of your suspension period'. The period therefore starts when the suspension ends (the date the driver becomes eligible to reinstate), not on the reinstatement date. 49-1220(1)(a) lets the department cancel the certificate after the three years if no further qualifying conviction is on record; 49-1220(2) requires proof to be re-established for the remainder of the period. The sources do not use the word 'continuous'.

“You are required to maintain an SR-22 insurance policy for three years, beginning at the conclusion of your suspension period.”

If the policy is cancelled or lapses

Idaho Code 49-1213: a certified policy may not be cancelled or terminated until at least ten days after a notice of cancellation is filed with the department; ITD states SR22/26 (cancellation) information is submitted through the Insurance Verification System. Under 49-1208(2) the license remains suspended unless the person gives and maintains proof, and 49-1220(2) provides that a person whose proof was cancelled who applies for a license within the three-year period is refused unless proof is re-established for the remainder of the period - the sources do not state that the three years restart. ITD's SR-22 sheet lists 'Failure to maintain required SR-22' as a suspension (IC 49-326(1)(h)) with a $25 reinstatement fee.

“the application shall be refused unless the applicant shall reestablish proof for the remainder of the one (1) year or three (3) year period.”

Non-owner and out-of-state policies

Idaho Code 49-1212(2) defines an operator's policy of liability insurance as one insuring the named person against liability arising out of use of any motor vehicle not owned by that person, at the same limits as an owner's policy; 49-1212 sets the required provisions of the owner's and operator's policies that serve as motor vehicle liability policies under the financial-responsibility chapter, and 49-1213 refers to an insurer certifying such a policy with the department. ITD's pages do not use the terms 'non-owner' or 'operator's policy'.

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

Idaho Code 49-1208(4): when a person required to maintain proof is not an Idaho resident and files and maintains proof of financial responsibility in his home state, the department reinstates the person's driving privileges as long as the proof is maintained there. ITD's pages do not address filings from insurers licensed only in another state.

“and who is not a resident of Idaho, files and maintains proof of financial responsibility in his home state the department shall reinstate the person’s driving privileges as long as proof of financial responsibility is maintained in the person’s home state.”

Liability limits the filing certifies

Minimum limits: 25/50/15

Idaho Code 49-117 defines 'proof of financial responsibility' as $25,000 for bodily injury or death of one person, $50,000 for two or more persons in one accident, and $15,000 for property damage in one accident; 49-1212(1)(b) ties certified owner's policies to the amounts in 49-117. ITD describes the SR22 as proof of 'the minimum required insurance'. No uninsured-motorist or PIP component is stated for the filing.

“twenty-five thousand dollars ($25,000) because of bodily injury to or death of one (1) person in any one (1) accident and, subject to the limit for one (1) person, in the amount of fifty thousand dollars ($50,000) ... fifteen thousand dollars ($15,000) because of injury to or destruction of property”

How the filing is confirmed

ITD states that once the insurer submits the SR22 through the State of Idaho Insurance Verification System the information automatically updates the driver's record, and that a driver who has confirmation the insurer submitted the policy can check it through ITD's free status check. ITD's FAQ states a driver whose DUI suspension time is over remains suspended if reinstatement fees are outstanding or ITD does not have an SR22 certificate on file.

Agency page: itd.idaho.gov

“If you are required to have SR22 insurance and you have received conformation that your insurance company has submitted the policy information through the portal, you can check it through our free status check .”

Financial-responsibility statute

Idaho Code § 49-1208(2) (proof required upon certain convictions); §§ 49-1213, 49-1220

“shall remain suspended or revoked unless the person shall have previously given or shall immediately give and maintain proof of financial responsibility. ... for a three (3) year period commencing with the last day of the suspension or revocation.”