Indiana SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

The Indiana BMV writes the form name 'SR22' and calls it 'proof of future financial responsibility': it shows a motor vehicle insurance policy meeting the state's minimum standards that cannot be cancelled without prior notice to the BMV. The insurance provider files it electronically with the BMV through the Electronic Insurance Forms Submission (EIFS) program (which also accepts SR26, SR50 and Certificate of Compliance filings); the BMV states only the insurer can submit it and the BMV does not accept policy documents from drivers. IC 9-25-4-8 requires proof to be filed in the manner prescribed by the bureau by the person's insurance carrier.

“The SR22 form, also known as proof of future financial responsibility, demonstrates that you have a motor vehicle insurance policy that meets the state’s minimum standards, and it cannot be cancelled without prior notice given to the Indiana BMV.”

What triggers it

Conviction with a court-recommended suspension. IC 9-30-6-12(c): if a court recommends suspension for a conviction under IC 9-30-5 (operating while intoxicated), the person's privileges remain suspended during the three years after the suspension ends until proof of future financial responsibility under IC 9-25 is provided; the same subsection states that a person who is only arrested or charged is not required to provide the proof unless and until convicted. IC 9-30-7-5(c) applies the same three-year rule after a chemical-test-refusal suspension. The BMV states that after suspension upon conviction of certain court-related offenses Indiana law may require SR22 insurance to regain driving privileges, and IC 9-30-16-3 separately requires an SR22 while holding specialized driving privileges.

“the person is not required to provide proof of future financial responsibility under IC 9-25 unless and until the person is convicted under IC 9-30-5.”

How long it stays on file, and from when

3 years, counted from the eligibility date.

IC 9-30-6-12(c): 'during the three (3) years following the termination of the suspension' - the period runs from the date the court-ordered suspension ends (when the driver becomes eligible to reinstate), not from the date proof is filed or privileges are reinstated. The BMV page refers to '3-year or 5-year SR22 requirement' periods and states that privileges are suspended whenever the BMV does not have an effective SR22 on file 'at any time during the required period'; IC 9-25-7-3(a)(1) lets the bureau release the proof after three years from the date it was required. The statute does not use the word 'continuous'.

“during the three (3) years following the termination of the suspension the person's driving privileges remain suspended until the person provides proof of future financial responsibility in force under IC 9-25.”

If the policy is cancelled or lapses

The BMV states that if it receives an SR26 (cancellation of SR22 insurance) from the insurer, or does not have an effective SR22 on file at any time during the required period, driving privileges are suspended until an effective SR22 is received or the requirement period expires. IC 9-30-6-12(d): a person who fails to maintain the proof during the three years is suspended until proof is again provided. IC 9-25-5-9 requires the insurer to give the bureau ten days' written notice before cancelling a certified policy. No source states that a lapse restarts the three years; the BMV's separate 180-consecutive-day rule applies to insurance-violation suspensions, not the OWI period.

“If the Indiana BMV receives an SR26 (cancellation of SR22 insurance) notice from your insurance provider, or the BMV does not have an effective SR22 on file at any time during the required period, your driving privileges will be suspended until the Indiana BMV receives an effective SR22 policy”

Non-owner and out-of-state policies

Neither the BMV's Proof of Financial Responsibility page nor IC 9-25 / IC 9-30-6-12 states whether a non-owner (operator) policy satisfies the SR22 filing. IC 9-25-6-12 addresses the reverse case: when the filed proof covers only the person's owned vehicles and does not insure the person when operating a vehicle not owned by the person, it is unlawful to operate a non-owned vehicle.

“Whenever proof of financial responsibility is filed showing that a policy has been issued covering all motor vehicles owned by an insured but not insuring the person when operating a motor vehicle not owned by the person, it is unlawful for the person to operate a motor vehicle not owned by the”

Neither the BMV's Proof of Financial Responsibility page nor IC 9-25 states whether a filing from an insurer licensed only in another state is accepted: IC 9-25-5-10 says only that a nonresident gives proof by having an insurance carrier file a certificate of compliance with the bureau, and IC 9-25-1-6 applies the article to nonresidents on the same conditions as residents. For a driver who has moved away, the BMV waives the filing rather than accepting one: out-of-state residents may submit the Out of State Residency Affidavit to waive an SR50 or a 3-year or 5-year SR22 requirement; a person who becomes an Indiana resident again before the requirement period expires must meet the requirement until the expiration date, and the affidavit does not affect the SR22 required for specialized driving privileges or for suspensions stayed with an SR22. IC 9-25-7-6 likewise excuses a nonresident who no longer operates a motor vehicle in Indiana from proving future financial responsibility for temporary reinstatement to allow licensing in the other state.

“Out of State residents may submit the Out of State Residency Affidavit to waive the SR50 or a 3-year or 5-year SR22 requirement. If you become an Indiana resident again prior to the expiration date of the insurance requirement period, you will be required to meet the insurance requirements”

Liability limits the filing certifies

Minimum limits: 25/50/25

The BMV states Indiana has a 25/50/25 minimum: $25,000 for bodily injury or death of one individual, $50,000 for two or more individuals in one accident, and $25,000 for property damage in one accident; IC 9-25-2-3 defines 'proof of financial responsibility' in the same amounts (property damage $25,000 beginning July 1, 2018) and IC 9-25-4-5 sets the same minimums. No uninsured-motorist or PIP component is stated for the filing.

“This required minimum coverage includes $25,000 for bodily injury to or the death of one (1) individual, $50,000 for bodily injury to or the death of two (2) or more individuals in any one (1) accident, and $25,000 for damage to or the destruction of property in one (1) accident.”

How the filing is confirmed

The BMV states that insurance providers submit SR22 information through the EIFS program and that entries update the customer's official driver record; its reinstatement page directs drivers to review the Reinstatement Requirements section of their Official Driver Record (available through myBMV) and states that only the insurer can submit proof of insurance, directly to the BMV.

Agency page: www.in.gov

“Participating insurance agents may enter information from any of the four accepted forms into the BMV's database, which will update their customer’s official driver record.”

Financial-responsibility statute

Ind. Code § 9-30-6-12(c) (OWI); § 9-25-4-8, § 9-25-5-9, § 9-25-7-3

“If a court recommends suspension of a person's driving privileges for a conviction under IC 9-30-5, during the three (3) years following the termination of the suspension the person's driving privileges remain suspended until the person provides proof of future financial responsibility”