Louisiana SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

The Office of Motor Vehicles (OMV) calls it 'Proof of Financial Responsibility (SR-22 insurance)' or a 'Certificate of Insurance (SR-22)'. R.S. 32:898(A) requires it to be furnished 'by filing with the commissioner an electronic certificate of any insurance carrier duly authorized to do business in this state'; the OMV's SR22 policy (3-3.00) says the SR-22 is filed with the OMV by the insurance company. Alternatives are $30,000 in cash or securities deposited with the State Treasurer or a $30,000 surety bond.

“Proof of financial responsibility shall be demonstrated as a Certificate of Insurance (SR-22) filed by an insurance company authorized to do business in the state of Louisiana, as cash or unencumbered negotiable securities posted with the State Treasurer in the amount of $30,000.00”

What triggers it

R.S. 32:896(A): a suspension under R.S. 32:414(A) or 414(B)(2) on evidence of a conviction, guilty plea or bond forfeiture for operating a motor vehicle while under the influence, or a suspension under R.S. 32:667 for refusing a chemical test. The OMV lists the SR-22 as a reinstatement requirement for DWI/UDUI conviction suspensions (3 years from the date of conviction) and for refusal suspensions (3 years from the date of arrest); the OMV SR22 policy lists 'Conviction of DWI (excluding convictions under Article 894)'. On the OMV Suspensions page the SR-22 step appears only under the chemical-test refusal and DWI/UDUI conviction blocks; the administrative test-failure ('submit') block lists serving the suspension, the reinstatement fee and the interlock agreement, with no SR-22 step.

“upon receipt of evidence of conviction, entry of guilty plea, or forfeiture of bond of any person charged with operating a motor vehicle while under the influence of intoxicating beverages ... or under Section 667 of this Title for refusal to submit to chemical tests”

How long it stays on file, and from when

3 years, counted from the date of conviction.

Three years. The OMV Suspensions page requires the SR-22 'for 3 years from the date of conviction' for a DWI/UDUI conviction suspension and 'for 3 years from the date of arrest' for a chemical-test refusal suspension; the OMV SR22 policy (3-3.00) repeats both start dates. R.S. 32:896(A) sets the three-year period; R.S. 32:908(A)(1) lets the commissioner release the proof 'at any time after three years from the date such proof was required' if no further qualifying conviction was received in that three-year period. The OMV does not use the word 'continuous', but R.S. 32:908(C) requires proof to be re-established 'for the remainder of such three year period' after a surrender.

“Compliance Serve Mandatory Suspension and/or Disqualification Period File Proof of Financial Responsibility (SR-22 insurance) for 3 years from the date of conviction Pay Fee Fee DWI 1st: $100 DWI 2nd: $200 DWI 3rd+: $300 UDUI: $60”

If the policy is cancelled or lapses

R.S. 32:901: a certified policy 'shall not be cancelled or terminated until at least ten days after a notice of cancellation or termination' is filed electronically by the insurer with the commissioner (OMV). R.S. 32:907: when filed proof no longer fulfills its purpose the commissioner requires other proof and 'shall suspend the license and registration or the non-resident's operating privilege pending the filing of such other proof'. R.S. 32:908(C): a person whose proof was cancelled after surrendering the license who reapplies within three years of the date proof was originally required must 'reestablish such proof for the remainder of such three year period' - the statute does not restart the clock. The OMV pages cited here do not describe the cancellation form or say whether the period restarts.

“the insurance so certified shall not be cancelled or terminated until at least ten days after a notice of cancellation or termination of the insurance so certified shall be filed electronically by the insurance carrier in the office of the commissioner”

Non-owner and out-of-state policies

R.S. 32:896(A) requires the person to 'show financial responsibility individually as a non-owner for a period of three years' in addition to proof for any registered vehicles; R.S. 32:897 allows proof 'with respect to a person who is not the owner of a motor vehicle', R.S. 32:898(A) waives vehicle designation when the policy is issued to a non-owner, and R.S. 32:900(A) and (C) define the certified policy as an owner's or an operator's policy, the operator's policy covering use of 'any motor vehicle not owned by him'. The OMV SR22 policy also addresses a person who 'does not own a vehicle'.

“Such 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”

R.S. 32:899 lets a non-resident whose vehicle is registered in another state (or who owns no vehicle) file the certificate of an insurer authorized in the state of registration or residence, provided the insurer executes a power of attorney for service of process and agrees in writing that its policies conform to Louisiana law. The OMV SR22 policy states the same rule: an out-of-state resident with out-of-state-registered vehicles, or no vehicle, may file an SR22 from a company not licensed in Louisiana if that company has a Power of Attorney on file with the OMV; the OMV stops accepting that company's SR22s if it defaults on the agreement.

“If an individual resides in another state and vehicle(s) are registered out-of-state or the individual does not own a vehicle, the insurance company does not have to be licensed to do business in Louisiana if the insurance company has filed a Power of Attorney with this agency.”

Liability limits the filing certifies

Minimum limits: 15/30/25

R.S. 32:900(B)(2) sets the certified owner's-policy limits at $15,000 bodily injury per person, $30,000 bodily injury per accident and $25,000 property damage; R.S. 32:900(C) applies the same limits to an operator's (non-owner) policy. No uninsured-motorist or PIP component is part of the certified proof. The cash/securities and bond alternatives are $30,000 (R.S. 32:904; OMV policy).

“Fifteen thousand dollars because of bodily injury to or death of one person in any one accident ... thirty thousand dollars because of bodily injury to or death of two or more persons in any one accident ... Twenty-five thousand dollars because of damage to or destruction of property of others”

How the filing is confirmed

The OMV Suspensions page lists 'File Proof of Financial Responsibility (SR-22 insurance)' as a compliance step alongside serving the suspension and paying the reinstatement fee, and the site offers an online Driver's License Status Check; R.S. 32:898 makes the insurer's electronic certificate the proof of record, and R.S. 32:905 requires the commissioner to note owner-given-proof restrictions on the face of the license. None of the OMV pages cited here describes a confirmation letter or an SR-22 lookup.

Agency page: expresslane.la.gov

“Compliance Serve Mandatory Suspension and/or Disqualification Period File Proof of Financial Responsibility (SR-22 insurance) for 3 years from the date of arrest Pay Fee Ignition Interlock Installment/Agreement (if required as a condition of reinstatement)”

Financial-responsibility statute

La. R.S. 32:896 (Motor Vehicle Safety Responsibility Law - proof required upon certain convictions); see also R.S. 32:897-32:901 and 32:908

“unless such person previously has given or immediately gives and thereafter maintains proof of financial responsibility with respect to all motor vehicles registered by him and shall show financial responsibility individually as a non-owner for a period of three years.”