New Hampshire SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

Saf-C 7502.01(z) defines the 'SR-22 certificate' as a uniform document filed by an insurance company under RSA 264:21 and RSA 259:9 certifying that the policyholder is insured for New Hampshire's minimum liability requirements under RSA 264. The NH DMV states the only document it accepts is the uniform SR-22 certificate, that it is not a form supplied by the DMV, and that the insurer must be licensed to do business in New Hampshire; the filing is handled by the DMV's Bureau of Financial Responsibility (FR SR-22 Processing Section). Saf-C 7504.06(a) requires it to be furnished in duplicate without a cancellation date.

“"SR-22 certificate" means a uniform document filed by an insurance company pursuant to RSA 264:21 and RSA 259:9 that certifies the policyholder is insured for New Hampshire's minimum liability requirements under RSA 264;”

What triggers it

Conviction. Saf-C 7503.04 makes an SR-22 on file a condition of restoring a license revoked under RSA 265-A:2 (DWI) or RSA 265-A:3 (aggravated DWI), or under RSA 263:65 for an out-of-state conviction; RSA 264:2, I(a) lists driving under the influence among the convictions on which the director may require proof of financial responsibility in the future; the DMV's page lists 'Any DWI' among the convictions requiring the filing and states it notifies the person in writing. No official page states whether an administrative license suspension alone (RSA 265-A:30) triggers the filing.

“Certain Convictions that require filing proof of insurance (SR-22) Any DWI. Leaving Scene of Accident/Conduct After Accident. Subsequent (2nd) offense Reckless Operation.”

How long it stays on file, and from when

3 years, counted from the date of conviction.

Saf-C 7504.12(a): the filing requirement is terminated after 3 years from the date of final conviction (or accident involvement or administrative action) requiring the proof; the DMV FAQ states the minimum filing period the same way. Saf-C 7504.12(c): a person convicted of DWI second or subsequent offense files for 3 years from the date of eligibility for restoration. Saf-C 7504.12(b) extends the period for 3 years from the record of listed subsequent events (uninsured accident, certain convictions, a hearing imposing an SR-22, unsatisfied judgment, habitual-offender certification). The rules do not use the word 'continuous', but Saf-C 7504.09 suspends the license if an SR-26 is not replaced within 20 days.

“(a) The requirement to file proof of financial responsibility shall be terminated by a hearings examiner or the financial responsibility administrator after 3 years from the date of accident involvement, final conviction, or administrative action requiring such proof.”

If the policy is cancelled or lapses

Saf-C 7504.06(c): when proof is cancelled the insurer furnishes the department an SR-26 certificate, which cancels any SR-22 filings from that company with the same policy number. Saf-C 7504.09: on receipt of the SR-26 the commissioner sends a notice of action to the insured advising that the license and registration shall be suspended 20 days after the notice is issued if an SR-22 is not filed within that period; Saf-C 7504.10 sends the suspension notice by first-class mail and directs surrender of the license, registration and plates. RSA 264:21, I: a continuous certificate stays in effect no less than 20 days after the director receives written notice of cancellation. The rules do not state that a lapse restarts the 3-year period; Saf-C 7504.12(b) extends the period only for the listed subsequent events, which include 'any administrative action resulting from a hearing, imposing the filing of an SR-22 certificate'.

“On receipt of an insurer's intention to cancel a person's proof of financial responsibility in the form of an SR-26, the commissioner shall: ... Advise the named insured that their license and registration shall be suspended 20 days after the issuance of such notice if an SR-22 certificate is not”

Non-owner and out-of-state policies

The DMV recognizes two policy types on an SR-22: an 'Owner SR-22' (allows the filer to own and register a vehicle as well as operate one) and an 'Operator SR-22' (only allows the filer to operate a motor vehicle). Its FAQ states a person who does not own a vehicle files an Operator's SR-22 Certificate of Insurance, which insures the driver license and/or the privilege to drive. Saf-C 7504.06(b) requires the certificate to state whether coverage is owner or non-owner, and Saf-C 7504.08 states that where non-owner coverage is filed, registration of a vehicle is not permitted until owner coverage is filed.

“I do not own a vehicle. How can I obtain an SR-22 insurance certificate? You will be required to file an Operator's SR-22 Certificate of Insurance, which insures your driver license and/or your privilege to drive.”

The DMV states the insurance company chosen must be licensed to do business in New Hampshire and that the only document accepted is the uniform SR-22 certificate, so a certificate from an insurer not licensed in New Hampshire does not satisfy the filing. A driver who lives in another state is not excused: the DMV's SR-22 FAQ states the requirement cannot be waived for an out-of-state resident, and that if the SR-22 is not filed the privilege to drive in New Hampshire is suspended and the home state is notified. RSA 264:2, II also lets the department act on an out-of-state conviction, and RSA 264:13 applies the chapter to nonresidents.

“The insurance company chosen must be licensed to do business in New Hampshire. The only document accepted is the uniform SR-22 certificate.”

Liability limits the filing certifies

Minimum limits: 25/50/25

RSA 264:20 sets proof of financial responsibility at $25,000 for bodily injury or death of one person, $50,000 for two or more persons in one accident, and $25,000 for property damage in one accident; Saf-C 7502.01(z) states the SR-22 certifies the policyholder is insured for these RSA 264 minimums. RSA 264:20 adds that, when required, proof in these amounts must be furnished for each vehicle registered by the person. (RSA 264:15 and 264:16 separately require uninsured-motorist and $1,000 medical-payments coverage in New Hampshire liability policies; the SR-22 amount itself is stated in RSA 264:20.)

“$25,000 because of bodily injury or death to any one person; and subject to said limit respecting one person, in the amount of $50,000 because of bodily injury to or death to 2 or more persons in any one accident, and in the amount of $25,000 because of injury to and destruction of property”

How the filing is confirmed

The DMV states it notifies a person in writing when an insurance filing requirement applies, and that a Driver Record Report shows either 'No proof of financial responsibility is required' or 'Proof of financial responsibility is required'. Insurers may not fax the certificate (FAQ). To be relieved of the filing, the DMV FAQ says a written request with name, address and date of birth goes to the DMV's FR SR-22 Processing Section; the Bureau of Financial Responsibility reviews the record for the subsequent activities in Saf-C 7504.12(b) and, if eligible, issues a formal Notice of Relief of Filing to the driver and mails notice to the insurer (Saf-C 7504.12(e)).

Agency page: web.archive.org

“A Driver Record Report will reflect whether or not an individual is required to file proof of insurance. This information is displayed either as: "No proof of financial responsibility is required" or "Proof of financial responsibility is required."”

Financial-responsibility statute

RSA 264:2, I(a) (proof required upon conviction); N.H. Code Admin. R. Saf-C 7503.04(i), 7504.12

“the director may suspend the license of the person so convicted ... unless and until such person gives and thereafter maintains proof of his financial responsibility in the future: (a) Driving a motor vehicle while under the influence of intoxicating liquor or narcotic drugs;”