South Carolina SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

SCDMV calls it a 'Certificate of Insurance (SR-22)' or 'Form SR-22', filed by the driver's insurance company with the SCDMV; SCDMV's page for insurers states an SR-22 Certificate of Insurance may be filed through the Automobile Liability Insurance Reporting (ALIR) system. S.C. Code § 56-9-550 describes it as the insurer's written certificate 'or notice by magnetic or electronic media' certifying that a motor vehicle liability policy is in effect, and § 56-9-500 requires the insurer to furnish the certification to SCDMV within fifteen days.

“If required, a suspended driver must get a Certificate of Insurance (SR-22) filed by their insurance company.”

What triggers it

Under § 56-9-500, whenever SCDMV suspends or revokes a license 'upon receiving a record of conviction or forfeiture of bail' (and in all cases where SCDMV suspends under its own authority, except § 56-1-270 suspensions), the license stays suspended until the person gives and maintains proof of financial responsibility; § 56-9-510 applies the same to a nonresident's operating privilege. SCDMV's own pages say only that an SR-22 is required 'If required' for a suspension; none of the cited SCDMV pages names DUI, the § 56-5-2951 implied-consent suspension, or refusal expressly as an SR-22 trigger. Since May 19, 2024 the DUI suspension is ended by ignition-interlock enrollment (§ 56-5-2990), which the cited SCDMV pages do not connect to the SR-22.

“Whenever the Department of Motor Vehicles, under any law of this State, suspends or revokes the license of any person upon receiving a record of conviction or forfeiture of bail and in all cases where the Department suspends or revokes the driver's license of any person”

How long it stays on file, and from when

3 years, the source does not state when the period starts.

Three years. No cited source states the start date for a DUI suspension. S.C. Code § 56-9-620(1) lets SCDMV cancel the filing 'at any time after three years from the date the proof was required' if no further disqualifying conviction was received in that period, without defining that date for a DUI suspension. SCDMV Form DL-222 (the out-of-state SR-22 waiver, written for any SC suspension that requires the SR-22) says a person may again have to meet the filing requirement if they become an SC resident and apply for a license 'within the first three years of the SC suspension ending date'. For an uninsured-driving suspension, SCDMV states the SR-22 runs 'for three years starting with the date of suspension'. None of the cited sources says whether the period must be continuous.

“(1) At any time after three years from the date the proof was required when, during the three year period preceding the request, the Department has not received record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the license”

If the policy is cancelled or lapses

Under § 56-9-550, the certified policy must be written for a minimum six-month term; the certificate stays in force at least ninety days unless the insurer cancels for a reason other than nonpayment; on any cancellation the insurer must immediately notify SCDMV whether or not the cancellation is for nonpayment; and SCDMV may refuse a new certificate for a person whose previous certificate was cancelled for nonpayment unless the new policy is certified noncancellable for one year for nonpayment. Under § 56-9-610 SCDMV requires other proof and suspends the license and registration pending its filing when the proof on file no longer fulfills its purpose. None of the cited sources says whether the three-year period restarts.

“A certificate or notice of insurance shall remain in full force and effect for a period of at least ninety days unless the certificate or notice is canceled by the insurance company for some reason other than nonpayment of premium.”

Non-owner and out-of-state policies

§ 56-9-550 requires the certificate to designate all vehicles covered 'unless the policy is issued to a person who is not the owner of a motor vehicle', and § 56-9-20(5) defines a motor vehicle liability policy as 'an owner's or an operator's policy of liability insurance'. The cited SCDMV pages do not address non-owner policies.

“shall designate by explicit description or by appropriate reference all motor vehicles covered, unless the policy is issued to a person who is not the owner of a motor vehicle.”

Under § 56-9-560, the nonresident owner of a vehicle not registered in South Carolina may file the certificate of an insurer authorized in the state where the vehicle is registered (or, if no vehicle is owned, where the insured resides), and SCDMV accepts it on condition that the insurer executes a power of attorney for service of process and agrees in writing that the policy conforms to South Carolina law; SCDMV stops accepting an unauthorized insurer's certificates while it is in default on those undertakings. Separately, SCDMV Form DL-222 (Change of Residency Certification) lets a person who lives in another state, is applying for a license there, and has an SC suspension requiring Form SR-22 request an out-of-state waiver of the SR-22 filing; the form warns the requirement may apply again if the person becomes an SC resident and applies for an SC license within the first three years of the suspension ending date.

“may give proof of financial responsibility by filing with the Department of Motor Vehicles written certificates of an insurance carrier authorized to transact business in the state in which the motor vehicle or motor vehicles described in the certificate is registered”

Liability limits the filing certifies

Minimum limits: 25/50/25

Under § 56-9-20(11), proof of financial responsibility means ability to respond in damages of $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 (the same limits as § 38-77-140 for every SC auto policy). § 56-9-20(11) also refers to § 38-77-150, under which every SC automobile policy must carry uninsured-motorist coverage of no less than the § 38-77-140 limits and at least $25,000 property damage.

“twenty-five thousand dollars because of bodily injury to or death of one person ... fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident and in the amount of twenty-five thousand dollars because of injury to or destruction of property”

How the filing is confirmed

SCDMV's insurance-company page says insurers file the SR-22 Certificate of Insurance through the ALIR system, which SCDMV uses to match liability-insurance data to driver and vehicle records; SCDMV's news pages state that during Driver Suspension Eligibility Week a driver must have the SR-22 filed by the insurer 'If required' and that only drivers who clear all suspension requirements may apply for reinstatement. None of the cited SCDMV pages describes a driver-facing online check that shows whether the SR-22 is on record.

Agency page: dmv.sc.gov

“The SCDMV checks the collected information to driver and vehicle data to identify registered vehicles that do not have the minimum liability insurance requirements. ALIR is available to insurance companies, agents, and agencies licensed to do business in this state.”

Financial-responsibility statute

S.C. Code Ann. § 56-9-500

“nor shall any license be thereafter issued to that person nor shall any motor vehicle be thereafter registered in the name of that person until permitted under the motor vehicle laws of this State and not then until he shall give and thereafter maintain proof of financial responsibility.”