Nevada SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

The Nevada DMV calls it an 'SR-22 Certificate of Liability Insurance' or 'Certificate of Financial Responsibility' that the insurance company files with the DMV; the DUI page says to 'File SR-22 Certificate through your insurance company'. NRS 485.308(1) describes it as the written certificate of an insurance carrier authorized to do business in Nevada certifying that a motor vehicle liability policy is in effect for the person, and NRS 485.308(2) lets the Department authorize electronic filing.

“An SR-22 is a “Certificate of Financial Responsibility” that your insurance company files with the DMV to prove you have active coverage.”

What triggers it

The DMV lists 'Obtain SR-22 Insurance' in its requirements checklist for a 'DUI Revocation' - a revocation based on DUI or on failure to submit to testing - and as step 2 of its five steps to reinstate after a DUI; the DMV's suspensions page also lists an SR-22 for issues relating to 'DUI, revocation, accident, lapse of SR-22, lapse of insurance'. NRS 485.307(2) separately provides that when the Department restores a revoked license, no vehicle may be registered in that person's name unless proof of financial responsibility is furnished.

“DUI Revocations Revocation based on DUI or failure to submit to testing. Requirements Checklist: Install Ignition Interlock Device (if applicable/required) Obtain SR-22 Insurance”

How long it stays on file, and from when

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

The DMV states the SR-22 must be maintained for 3 years (36 consecutive months), that the three-year requirement begins upon reinstatement of the Nevada driver's license, and that an SR-22 obtained before reinstatement does not count toward the requirement. The DMV describes it as continuous ('No Gaps Allowed'). NRS 485.3092 directs the Department to suspend if a certified policy terminates within 3 years after the date of reinstatement of a license; NRS 485.3075 (reinstatement after a suspension for failure to maintain proof) and NRS 485.230(3) (reinstatement after a crash-security suspension) each require proof to be maintained for 3 years after the date of reinstatement, but neither is the DUI provision itself.

“The three-year SR-22 requirement begins upon reinstatement of your Nevada driver's license. Do not obtain an SR-22 before reinstatement, as it will not count toward the requirement.”

If the policy is cancelled or lapses

The DMV states that failure to maintain continuous SR-22 coverage results in suspension of the license and restarts the three-year requirement ('A lapse in coverage = license suspension + restart of the 3-year period'). NRS 485.308(3) requires the certifying insurer to notify the Department at least 10 days before cancellation or termination; NRS 485.3092 requires a cancellation notice filed with the Department and directs the Department to suspend the license and registration if the termination takes effect within 3 years after reinstatement. The DMV's insurance page adds that the insurer notifies the DMV immediately if coverage is dropped and that a lapse also suspends the registrations of all vehicles in the person's name.

“Failure to maintain continuous SR-22 coverage will result in the suspension of your license and will restart the three-year requirement.”

Non-owner and out-of-state policies

NRS 485.308(1) provides that the certificate designates all covered vehicles if the policy is an owner's policy, or designates the person covered if it is an operator's policy, and NRS 485.3091(2) requires an operator's policy to insure the named person for use of any motor vehicle at the same limits as an owner's policy. NRS 485.186(2), however, provides that an operator's policy of liability insurance 'may only be issued to a person if' the number of motor vehicles the person owns is greater than the number of licensed drivers in the household, and the DMV pages do not use the terms 'non-owner' or 'operator's policy'. The sources therefore do not state whether a driver who owns no vehicle can satisfy the SR-22 with an operator's policy.

“The certificate must specify its effective date and: (a) If the policy is an owner s policy of liability insurance, designate by appropriate reference all motor vehicles covered by it; or (b) If the policy is an operator s policy of liability insurance, designate the person covered.”

NRS 485.309 allows a nonresident owner of a vehicle not registered in Nevada, or a nonresident operator, to give proof by filing the certificate of an insurance carrier authorized to transact business in the state where the vehicle is registered (or, for operator-only coverage, where the insured resides), if the certificate otherwise conforms to the chapter and the carrier gives the Director a power of attorney for service and agrees in writing that its policies conform to Nevada law. For residents, the DMV states out-of-state insurance is not accepted and the policy must be written for Nevada. The DMV FAQ states that a person revoked in Nevada who now lives in another state contacts the Nevada DMV (Driver License Review Section) for reinstatement requirements.

“The nonresident owner of a motor vehicle not registered in this State or a nonresident operator of a motor vehicle may give proof of financial responsibility by filing with the Department a written certificate of an insurance carrier authorized to transact business:”

Liability limits the filing certifies

Minimum limits: 25/50/20

NRS 485.3091(1)(b) sets the limits of a certified motor vehicle liability policy at $25,000 for bodily injury to or death of one person, $50,000 for two or more persons in one crash, and $20,000 for property damage in one crash; NRS 485.185 sets the same minimums for every registered vehicle, and the DMV's insurance page lists them. No uninsured-motorist or PIP component is stated for the filing.

“Because of bodily injury to or death of one person in any one crash, $25,000; (2) Subject to the limit for one person, because of bodily injury to or death of two or more persons in any one crash, $50,000; and (3) Because of injury to or destruction of property of others in any one crash, $20,000.”

How the filing is confirmed

The DMV states it sends notices by certified mail and does not send a reminder when the SR-22 period ends ('DMV won't notify you when it's time to remove SR-22. Contact us to confirm your end date'). The DMV's 'SR-22 Order of Operations' on the DUI page: install the interlock first, have the 'Y' restriction placed on the license at a DMV appointment, and after 36 consecutive months with the SR-22 have the 'Y' restriction removed at the DMV. Questions about SR-22 lapses go to the DMV's Driver's License Assessment Team; suspensions are handled by a case worker in the Driver License Review Section.

Agency page: dmv.nv.gov

“No Automatic Reminders DMV won’t notify you when it’s time to remove SR-22. Contact us to confirm your end date.”

Financial-responsibility statute

NRS 485.307, 485.308 and 485.3092 (Proof of Financial Responsibility)

“Proof of financial responsibility may be furnished by filing with the Department the written certificate of any insurance carrier authorized to do business in this State certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof”