Maine SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

The Maine BMV's Financial Responsibility page calls it a 'Certificate of Insurance (SR-22)' and directs that the SR22 be filed through the BMV's online insurance-filing service; 29-A M.R.S. §1605(3)(A) describes proof as a certificate from an insurance or surety company filed with the Secretary of State, and §1605(8) requires the Secretary of State to run an electronic filing system. §1551(1) defines 'certificate' as that of a company authorized to transact business in Maine under Title 24-A.

“For information regarding a Certificate of Insurance (SR-22), judgment suspension, or requirement to provide evidence of insurance, call or send your request in writing to: Bureau of Motor Vehicles Driver License Services Division”

What triggers it

A repeat OUI conviction only. 29-A M.R.S. §1603(2) bars reinstatement after an OUI conviction 'when the person has been previously convicted within a 10-year period of OUI' until proof of financial responsibility is given; §1603(1) (discretionary suspension until proof) applies to violations 'other than OUI'. The BMV Motorist Handbook states that all 2nd and subsequent OUI offenders must demonstrate proof of liability insurance before reinstatement. No official page or statute cited here requires an SR-22 after a first OUI conviction or after an administrative (implied-consent) suspension; §1603(4) applies the same rule to convictions in another state.

“Also, all 2nd and subsequent OUI offenders will have to demonstrate proof of liability insurance before being allowed to have their license reinstated.”

How long it stays on file, and from when

3 years, counted from the date the license is reinstated.

29-A M.R.S. §1603(3) requires proof of financial responsibility to be maintained 'for at least 3 years' after a conviction and reinstatement of the license and registration; §1603(5) lets the Secretary of State waive the demand for proof 'after 3 years from the date of demand for proof'. Neither the statute nor the BMV page uses the word continuous. No BMV page states the duration.

“3. Minimum. After a conviction or adjudication of a person for a violation of a motor vehicle law and reinstatement of that person's license and registration, the person shall maintain proof of financial responsibility for at least 3 years.”

If the policy is cancelled or lapses

29-A M.R.S. §1606(5) provides that a certified policy may not be cancelled until at least 10 days after notice of cancellation is filed with the Secretary of State, that a policy with an expiration date on the certificate is deemed terminated on that date, and that a later certified policy supersedes the earlier one. §1605(6) makes operating a vehicle without the required proof a Class D crime. Neither the statute nor the BMV pages cited here names the insurer's cancellation form (SR-26), states that the license is suspended on cancellation, or says the 3-year period restarts.

“5. Cancellation of policy. A policy certified as proof of financial responsibility may not be canceled until at least 10 days after notice of cancellation has been filed in the office of the Secretary of State.”

Non-owner and out-of-state policies

29-A M.R.S. §1606(6), in the section governing policies certified as proof of financial responsibility, provides that an 'operator's policy' is effective when issued by a company authorized in the state where the operator resides, and §1602(1)(G) recognizes an operator who is not the owner of a vehicle being covered by a policy for the operation of vehicles not owned by the operator. Neither the statute nor the BMV Financial Responsibility page uses the phrase 'non-owner', and the BMV page does not address non-owner filings.

“6. Company doing business in another state. A policy is not effective unless issued by a company authorized to do business in this State or a company authorized to do business in the state where the vehicle is registered or, in the case of an operator’s policy, the state where the operator resides.”

29-A M.R.S. §1606(6) makes a policy effective if issued by a company authorized in Maine, or authorized in the state where the vehicle is registered, or (for an operator's policy) the state where the operator resides; §1603(4) requires the Secretary of State to take the same action on evidence of a conviction in another state. The BMV Financial Responsibility page does not address out-of-state filings.

“A policy is not effective unless issued by a company authorized to do business in this State or a company authorized to do business in the state where the vehicle is registered or, in the case of an operator’s policy, the state where the operator resides.”

Liability limits the filing certifies

Minimum limits: 50/100/25

29-A M.R.S. §1605(1)(C) requires a policy accepted as proof of financial responsibility to carry at least $25,000 for property damage, $50,000 for injury to or death of one person, $100,000 for one accident injuring or killing more than one person, plus $2,000 medical payments coverage (§1605-A) and $500 towing and storage (§1605-B). The BMV Motorist Handbook adds that all Maine automobile liability policies include uninsured motorist coverage up to the limits of the Financial Responsibility Law.

“C. Be in the amount or limit of at least: (1) For damage to property, $25,000; (2) For injury to or death of any one person, $50,000; (3) For one accident resulting in injury to or death of more than one person, $100,000; (4) For medical payments pursuant to section 1605‑A , $2,000”

How the filing is confirmed

The BMV Financial Responsibility page says information about a Certificate of Insurance (SR-22) requirement can be requested by phone or in writing from the Driver License Services Division (name, date of birth, address and type of information requested), that a copy of the letter showing the requirement costs $5 (plus $2 to fax it back), and that the SR22 is filed through the BMV's online insurance-filing service. §1605(8) requires an electronic filing system.

Agency page: www.maine.gov

“Include in your request: your name, date of birth, current address, and the type of information you are requesting. If you require a copy of the letter showing the requirement or judgment suspension, include the effective date of the requirement or judgment suspension along with a fee of $5.”

Financial-responsibility statute

29-A M.R.S. §1603(2)-(3) and §1605 (Title 29-A, Chapter 13, Subchapter 2 - General Financial Responsibility)

“On receipt of an attested copy of the court record of an OUI conviction when the person has been previously convicted within a 10-year period of OUI, the Secretary of State may not reinstate the person's license until the person gives proof of financial responsibility.”