Texas SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

Texas DPS calls the document a Financial Responsibility Insurance Certificate (SR-22). DPS states it is a certificate filed by the driver's insurance carrier with the Department, that an insurance card or policy will not be accepted in its place, and that it may take up to 21 business days for DPS to process.

“A Financial Responsibility Insurance Certificate (SR-22) is required by the Texas Transportation Code Chapter 601 to verify that you are maintaining motor vehicle liability insurance. A SR-22 can be issued by most insurance providers”

What triggers it

DPS states the SR-22 is required after a conviction: its FAQ lists Driving While Intoxicated among the convictions requiring an SR-22, and its Alcohol-Related Offenses page lists obtaining an SR-22 among the consequences of an adult DWI conviction. DPS's pages tie the requirement and its two-year clock to the conviction date; neither the DPS SR-22 pages nor its ALR page states that an ALR (breath/blood test failure or refusal) suspension by itself requires an SR-22.

“There are several types of convictions requiring the filing of an SR-22, proof of financial responsibility. These examples include, but are not limited to: Driving While Intoxicated, Drug Offenses, Driving While License Invalid, and multiple convictions for No Motor Vehicle Liability Insurance.”

How long it stays on file, and from when

2 years, counted from the date of conviction.

DPS states the SR-22 must be maintained for two years from the date of the conviction. The DPS FAQ adds that the two years run from the date of the most recent conviction regardless of when the SR-22 is filed (an SR-22 filed a year after conviction needs to be maintained only one more year), and that a new qualifying conviction may extend the requirement. DPS describes the period as two years without a lapse in coverage.

“An SR-22 must be maintained for a total of two (2) years from the date of your most recent conviction; therefore, in this scenario you will only need to maintain it for one (1) more year.”

If the policy is cancelled or lapses

DPS states the insurance provider automatically notifies the Department when an SR-22 is cancelled, terminated or lapses; the driving privilege and vehicle registration may then be suspended unless a new SR-22 was filed before the original policy was cancelled. The DPS FAQ states that if SR-22 coverage lapses the license is re-suspended and a new SR-22 plus a $100 reinstatement fee are required to reinstate. Tex. Transp. Code § 601.085 provides that a certified policy may not be terminated before the sixth day after DPS receives notice of termination. DPS does not state that the two-year period restarts; its FAQ states the total is two years from the conviction date.

“If you allow the SR-22 coverage to lapse, your driver license and/or driving privilege would be re-suspended and a new SR-22 and a $100 reinstatement fee would be required to reinstate your driver license.”

Non-owner and out-of-state policies

DPS states that a driver who does not own a vehicle is still required to file and maintain an SR-22 and may obtain a Texas non-owner SR-22 insurance policy. Tex. Transp. Code § 601.083(c) provides that the certificate must cover each vehicle the person owns unless the policy is issued to a person who does not own a motor vehicle.

“Yes, you are still required to file and maintain an SR-22. If you do not own a vehicle you may obtain a Texas non-owners SR-22 Insurance policy.”

DPS states the SR-22 must come from an insurance company that provides coverage for the state of Texas. Tex. Transp. Code § 601.084 allows a nonresident to file the certificate of an insurer authorized in the state where the vehicle is registered (or, for a nonresident who owns no vehicle, where the nonresident resides), and requires DPS to accept the certificate of an insurer not authorized in Texas if the insurer executes a power of attorney for service of process and agrees in writing that its policies conform to Texas law. § 601.342 provides that a nonresident's suspended operating privilege is not terminated until evidence of financial responsibility is filed and maintained.

“The department shall accept the certificate of an insurer not authorized to transact business in this state if the certificate otherwise complies with this chapter and the insurance company: (1) executes a power of attorney”

Liability limits the filing certifies

Minimum limits: 30/60/25

DPS states the SR-22 certifies the minimum liability coverage required by law: $30,000 bodily injury per person, $60,000 bodily injury per crash and $25,000 property damage per crash, the amounts set by Tex. Transp. Code § 601.072(a-1). No uninsured-motorist or PIP component is stated as part of the SR-22 certification.

“The minimum liability coverage amounts required by law are: $30,000 for bodily injury to or death of one person in one crash, $60,000 for bodily injury to or death of two or more persons in one crash, and $25,000 for damage to or destruction of property of others in one crash.”

How the filing is confirmed

DPS states a driver can check whether the SR-22 has been received and processed, and the license's eligibility status, on the DPS License Eligibility webpage; processing may take up to 21 business days, and once all compliance items are processed and the suspension period has ended the eligibility status is updated to 'eligible'. The DPS page describing the filing is the Financial Responsibility Insurance Certificate (SR-22) page.

Agency page: www.dps.texas.gov

“To determine the status of your driver license and/or driving privilege and see if your SR-22 has been received and processed, visit our webpage on License Eligibility .”

Financial-responsibility statute

Tex. Transp. Code ch. 601 (Motor Vehicle Safety Responsibility Act), §§ 601.083, 601.339–601.341

“Unless a person whose driver's license or vehicle registration has been suspended or revoked under this subchapter files and maintains evidence of financial responsibility with the department: (1) the suspension or revocation may not be terminated”