Oregon SR-22 requirements after a DUI
Oregon requires an SR-22 filing for 3 years after a DUI, counted from the date the certificate is filed.
What Oregon says
SR-22. The Oregon DMV SR-22 Information page lists a DUII conviction among the events for which Oregon law requires an SR-22 filing. ORS 806.075(2) requires a person convicted of DUII to maintain future responsibility filings for three years from the date the first filing is required, at the higher coverage limits in ORS 806.075(1) ($50,000/$100,000/$10,000). DMV Form 735-6826 states the SR-22 must be on file 'for three years after the initial filing requirement.'
“Oregon law requires you to file an SR-22 for the following reasons: You were involved in a crash while driving uninsured. You were the owner of a vehicle involved in an uninsured crash. You were convicted of driving uninsured, driving while under the influence of intoxicants (DUII) or certain other”
Ignition interlock statute (see the state page): ORS 813.602
At a glance
| Filing required after a DUI | Yes |
|---|---|
| Form | SR-22 |
| Filing period | 3 years |
| License reinstatement fee | $85 |
| Licensing agency | Oregon Department of Transportation, Driver and Motor Vehicle Services (DMV) |
Which filing, and what triggers it
Form: SR-22
Oregon DMV describes the SR-22 as a certificate showing motor vehicle liability insurance, issued by insurance companies as proof of 'future responsibility'; ORS 806.240 calls the requirement a 'future responsibility filing' made with the Department of Transportation (DMV) by filing a certificate of insurance meeting ORS 806.270. DMV states the filing is made on the date it receives the certificate during regular business hours. ORS 806.240(3) also allows a vehicle owner to file on behalf of an employee or immediate family/household member (an 'on behalf of' operator certificate).
“An SR-22 is a certificate showing that you have motor vehicle liability insurance. Insurance companies issue SR-22 certificates as proof of "future responsibility."”
What triggers it
Conviction. ORS 806.075 applies to a person convicted of DUII under ORS 813.010, and the DMV's SR-22 page lists conviction of DUII among the reasons Oregon law requires an SR-22, alongside uninsured crashes, driving uninsured and applying for a hardship permit (the DMV says its list is not complete). DMV Form 735-6826 lists the SR-22 among the requirements to reinstate after a DUII conviction. None of the cited pages states that an implied-consent suspension alone triggers the filing.
“You were convicted of driving uninsured, driving while under the influence of intoxicants (DUII) or certain other traffic crimes.”
How long it stays on file, and from when
3 years, counted from the date the certificate is filed.
ORS 806.075(2): a person convicted of DUII must maintain future responsibility filings for three years from the date that the first filing is required (the date DMV imposes the requirement, not the date the certificate is received); DMV Form 735-6826 says 'for three years after the initial filing requirement'. ORS 806.245(2) directs DMV to terminate the requirement when more than three years have passed from the date the filing was required. DMV states the filing must be maintained until the requirement ends; the statute does not use the word 'continuous'.
“The person must maintain future responsibility filings showing insurance coverage in the amounts specified in subsection (1) of this section for a period of three years from the date that the first filing is required.”
If the policy is cancelled or lapses
ORS 806.270(1)(e): the certificate must provide that the insurer will notify DMV of any cancellation within 10 days after its effective date. ORS 806.240(4): when the filed proof no longer meets the requirements, DMV requires other proof and, if it is not furnished, suspends driving privileges under ORS 809.415. ORS 806.300 makes failure to immediately return the license and registration when the certified policy is cancelled a Class C misdemeanor. DMV states it must suspend driving privileges for failure to file an SR-22 and that a reinstatement fee is then owed. None of the cited sources states that a lapse restarts the three-year period.
“the department shall require the furnishing of other proof of compliance for the future responsibility filing. If other proof of compliance is not furnished, the department shall suspend the driving privileges of the person as provided under ORS 809.415.”
Non-owner and out-of-state policies
| Non-owner (operator) policy | Accepted |
|---|---|
| Out-of-state insurer or resident | Not accepted |
DMV states a person required to file an SR-22 must file even without owning a vehicle, and defines an 'Operator' certificate as one where the person required to file does not own the vehicle(s) covered by the policy. ORS 806.270(1)(c)(B) allows the certificate to show insurance against liability arising out of motor vehicles not owned by the person required to file.
“You are required to file an SR-22 even if you don’t own a vehicle.”
An SR-22 filed with Oregon DMV must be issued by an insurance company doing business in Oregon (DMV page; ORS 806.270(1)(a)); ORS 806.280 bars certificates from insurers not authorized in Oregon unless the insurer is an eligible surplus lines insurer or risk retention group. A person who lives out of state must still file with Oregon DMV, and DMV states another state may refuse to license a person suspended in Oregon for failing to file.
“you must file with Oregon DMV even if you live out of state. ... An SR-22 filed with Oregon DMV must be issued by an insurance company doing business in Oregon.”
Liability limits the filing certifies
Minimum limits: 50/100/10
ORS 806.075(1) requires the certificate of a person convicted of DUII to show at least $50,000 for bodily injury or death of one person, $100,000 for two or more persons, and $10,000 for property damage in one accident - higher bodily-injury limits than the ordinary ORS 806.070 minimums of $25,000/$50,000/$20,000 (the DUII property-damage figure in ORS 806.075 is the lower $10,000 as printed). No uninsured-motorist or PIP component is stated for the filing.
“$50,000 because of bodily injury to or death of one person in any one accident; (b) Subject to that limit for one person, $100,000 because of bodily injury to or death of two or more persons in any one accident; and (c) $10,000 because of injury to or destruction of the property of others”
How the filing is confirmed
DMV states an SR-22 filing begins on the date DMV receives the certificate if received during regular business hours, and that to avoid a suspension for failing to file, DMV must receive the SR-22 before 5:00 p.m. on the last business day before the suspension begins. DMV Form 735-6826 directs drivers to contact DMV for information about their SR-22 filing; the SR-22 page says to contact DMV to find out whether an SR-22 is needed. ORS 806.245 requires DMV to terminate the filing requirement when the three years have passed.
Agency page: www.oregon.gov
“An SR-22 filing begins on the date DMV receives the certificate if we receive it during regular business hours. To avoid a suspension for failing to file an SR-22, DMV must receive the SR-22 before 5:00 p.m. on the last business day before the suspension begins.”
Financial-responsibility statute
ORS 806.075 (DUII); ORS 806.240 and 806.270 (future responsibility filings)
“a person convicted of driving under the influence of intoxicants under ORS 813.010 is subject to the following requirements for the method of complying with and the amounts needed to meet financial responsibility requirements and for the duration of future responsibility filings:”
How an SR-22 works in general — who files it, why premiums differ, and what an SR-26 is — is explained in the glossary; everything above is specific to this state and quoted from its sources.
Questions about SR-22 in Oregon
- What liability limits must an Oregon SR-22 show after a DUII conviction?
- Under ORS 806.075(1), a person convicted of DUII under ORS 813.010 must file certificates of insurance showing at least $50,000 for bodily injury or death of one person, $100,000 for two or more persons, and $10,000 for property damage in one accident. Those bodily-injury amounts are higher than the ordinary ORS 806.070 schedule of $25,000/$50,000/$20,000.
- How long does the Oregon SR-22 requirement last after a DUII, and from when?
- ORS 806.075(2) requires the filings to be maintained for three years from the date the first filing is required; DMV Form 735-6826 says the SR-22 must be on file for three years after the initial filing requirement, and ORS 806.245(2) directs DMV to terminate the requirement once more than three years have passed from that date. DMV states a filing begins on the date it receives the certificate.
- Does Oregon accept an SR-22 from a driver who has no car or who now lives in another state?
- Oregon DMV states an SR-22 must be filed even by a person who does not own a vehicle, using an 'Operator' certificate (ORS 806.270(1)(c)(B) covers non-owned vehicles). A person living out of state must still file with Oregon DMV, and the certificate must come from an insurer doing business in Oregon; ORS 806.280 bars certificates from unauthorized insurers other than eligible surplus lines insurers or risk retention groups.
- Is an SR-22 required after a DUII in Oregon, and for how long?
- Yes. The Oregon DMV SR-22 Information page lists conviction for driving under the influence of intoxicants among the reasons Oregon law requires an SR-22 filing. ORS 806.075(2) requires a person convicted of DUII to maintain future responsibility filings for a period of three years from the date the first filing is required, at the coverage amounts in ORS 806.075(1).
- What does Oregon DMV charge to reinstate after a DUII suspension?
- The Oregon DMV hardship permit page lists a reinstatement fee of $85 and a non-refundable hardship permit application fee of $75. DMV Form 735-6826 lists the reinstatement fee, an SR-22 on file for three years, an approved IID for one year (first conviction) or two years (second or subsequent), and a DUII treatment completion certificate as base-license reinstatement requirements.
Sources
- Oregon DMV - SR-22 Information (what it is; when required; filing guidelines; out-of-state; certificate types)
- ORS Chapter 806 Financial Responsibility Law - Oregon Legislature (ORS 806.070, 806.075, 806.240, 806.245, 806.270, 806.280, 806.300)
- Oregon DMV Form 735-6826 - DUII Convictions: Suspensions, Hardship Permits and Reinstatements (SR-22 on file for three years after the initial filing requirement)
- Oregon DMV - Hardship Permits (fees, SR-22, IID installation report)