Mississippi SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

Miss. Admin. Code Title 31, Part 1, Rule 16.1 calls it 'proof of financial responsibility in the form of high risk insurance, SR22 Insurance or the like'; Miss. Code Ann. § 63-15-69(6) calls it 'a certificate of insurance as a method of giving proof of financial responsibility'. Under § 63-15-39 it is the written certificate of an insurance company authorized to write motor vehicle liability insurance in Mississippi, filed with the Department of Public Safety (Driver Service Bureau). The DSB FAQ says the proof of insurance is presented at a local Driver Service Bureau location when the reinstatement fee is paid.

“they must provide to the Department, in addition to other requirements at law, proof of financial responsibility in the form of high risk insurance, SR22 Insurance or the like, that shall be in effect for not less than a period of three (3) years after issuance”

What triggers it

A license suspension under Mississippi's Implied Consent Laws (§ 63-15-69(6); Rule 16.1) - the DSB FAQ says proof of current insurance is required 'because you were cited for driving under the influence offense'. The DSB DUI Department page also lists 'proof of insurance for three years' among the requirements following a first-offense DUI conviction (120-day suspension, MASEP). Neither the statute nor the DSB pages separately state whether a refusal suspension is treated differently from a test-failure suspension.

“a Class R license will be suspended for 120 days , absent a court order for the ignition interlock-restricted license. Attendance and completion of the Mississippi Alcohol Safety Education Program (MASEP) is required, along with proof of insurance for three years.”

How long it stays on file, and from when

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

Not less than three years 'after issuance' of the certificate of insurance (§ 63-15-69(6): 'maintained for not less than a period of three (3) years after issuance'; Rule 16.1: 'in effect for not less than a period of three (3) years after issuance'). The start event named in both is the certificate's issuance; the DSB pages say only 'proof of insurance for three years' and name no start event. The sources do not use the word 'continuous'.

“a certificate of insurance as a method of giving proof of financial responsibility as provided in Sections 63-15-37(1), 63-15-39 and 63-15-41, that shall be maintained for not less than a period of three (3) years after issuance”

If the policy is cancelled or lapses

Miss. Code Ann. § 63-15-45 (as amended by 2016 HB 525): a certified policy may not be cancelled or terminated until at least ten days after a notice of cancellation or termination is mailed or transmitted electronically to the Department. None of the DSB pages, the FAQ or Rule 16.1 cited here describes what the Department does on receipt of the notice, names a cancellation form, or says whether the three-year period restarts.

“the insurance so certified shall not be cancelled or terminated until at least ... ten (10) days after a notice of cancellation or termination of the insurance so certified shall be ... placed in the mail, or transmitted by electronic means, to the department.”

Non-owner and out-of-state policies

§ 63-15-37 allows proof 'with respect to a person who is not the owner of a motor vehicle'; § 63-15-39 waives vehicle designation on the certificate 'unless the policy is issued to a person who is not the owner of a motor vehicle'; and § 63-15-43(1) defines the certified policy as 'an owner's or an operator's motor vehicle liability policy'. The DSB pages do not use the phrase 'non-owner'.

“63-15-37. Proof of financial responsibility when required under this chapter with respect to a motor vehicle or with respect to a person who is not the owner of a motor vehicle may be given by filing: 1. A certificate of insurance as provided in Section 63-15-39 or Section 63-15-41”

§ 63-15-41(1): a nonresident owner of a vehicle whose owner or operator is not licensed in Mississippi (or a nonresident who owns no vehicle) may file the certificate of an insurance company authorized in the state of registration or residence, provided the company executes a power of attorney for service of process and agrees in writing that its policies conform to Mississippi law; the Department stops accepting that company's certificates if it defaults (§ 63-15-41(2)). The DSB pages cited here do not address drivers who have moved out of state.

“authorized to transact business in the state in which the motor vehicle or motor vehicles described in such certificate or certificates are registered, or if such nonresident does not own a motor vehicle, then in the state in which the insured resides”

Liability limits the filing certifies

Minimum limits: 25/50/25

§ 63-15-3(j) defines 'proof of financial responsibility' as ability to respond in damages of $25,000 for bodily injury to or death of one person, $50,000 for two or more persons in one accident, and $25,000 for property damage; § 63-15-43(2)(b) requires the certified owner's policy to carry the same limits. No uninsured-motorist or medical-payments component is stated as part of the certified proof.

“Twenty-five Thousand Dollars ($25,000.00) because of bodily injury to or death of one (1) person ... Fifty Thousand Dollars ($50,000.00) because of bodily injury to or death of two (2) or more persons ... Twenty-five Thousand Dollars ($25,000.00) because of injury to or destruction of property”

How the filing is confirmed

The DSB FAQ states the proof of insurance is presented at a local Driver Service Bureau location when the $175 reinstatement fee is paid; the DSB Reinstatement page lists the DUI reinstatement fee ($175.00), a phone number for reinstatement questions (601-487-7028), a mailing address for the Driver Records Division/Reinstatement, and an online 'Pay your Reinstatement Fee' service. None of the DSB pages cited here describes an SR-22 status lookup or confirmation letter.

Agency page: www.driverservicebureau.dps.ms.gov

“DUI reinstatement $175.00 ... For questions regarding reinstatement, call 601-487-7028 REGULAR MAIL: Driver Records Division/Reinstatement P.O. Box 1459 Canton, MS 39046”

Financial-responsibility statute

Miss. Code Ann. § 63-15-69(6) (Motor Vehicle Safety-Responsibility Law - certificate of insurance required to reinstate after an Implied Consent suspension); see also §§ 63-15-3(j), 63-15-37, 63-15-39, 63-15-41, 63-15-43, 63-15-45; Miss. Admin. Code Title 31, Part 1, Rule 16.1

“he or she must provide to the Department of Public Safety, a certificate of insurance as a method of giving proof of financial responsibility as provided in Sections 63-15-37(1), 63-15-39 and 63-15-41, that shall be maintained for not less than a period of three (3) years after issuance”