Vermont SR-22 requirements after a DUI
Vermont requires an SR-22 filing for 1 year after a DUI, counted from the eligibility date.
What Vermont says
SR-22. 23 V.S.A. § 801(a)(1)(B) requires proof of financial responsibility from a person convicted of any violation of § 1201 (DUI) or suspended under § 1205; DMV accepts only an SR-22 certificate filed by the insurance company. Duration is set by 23 V.S.A. § 809 (as amended effective January 1, 2021): one year, and where a suspension resulted from the conviction, one year after the reinstatement eligibility date; three years applies only to a second or subsequent § 1201 conviction (and to careless-and-negligent or reckless driving resulting in death). The DMV's insurance page states a general 'minimum of three years', which matches the statute only for repeat offenses. § 1213(a)(1)(B) also requires proof of financial responsibility to obtain an ignition interlock RDL.
“(B) Any violation of section 1201 of this title or for any suspension pursuant to section 1205 of this title.”
Ignition interlock statute (see the state page): 23 V.S.A. § 1213
At a glance
| Filing required after a DUI | Yes |
|---|---|
| Form | SR-22 |
| Filing period | 1 years |
| License reinstatement fee | $96 |
| Licensing agency | Vermont Department of Motor Vehicles |
Which filing, and what triggers it
Form: SR-22
Vermont DMV calls the requirement 'Financial Responsibility Insurance' and accepts only an SR-22 certificate issued by the insurance company itself (not by an insurance agent), filed with and kept on file at the Vermont DMV. Under 23 V.S.A. § 804(a) the insurer furnishes the certificate for filing with the Commissioner in a form satisfactory to the Commissioner, or by any computer-generated means the Commissioner approves.
“The Vermont DMV has very specific requirements regarding the filing of Financial Responsibility Insurance and will accept only certain documents (an SR-22 certificate from an insurance company, NOT from an insurance agent) that are completed in compliance with these requirements.”
What triggers it
23 V.S.A. § 801(a)(1)(B) requires proof of financial responsibility from a person convicted of any violation of § 1201 (DUI) and for any civil suspension under § 1205 (the implied-consent/civil suspension, which includes refusals), so both the criminal conviction and the civil suspension trigger it. DMV states that since April 29, 1998 the filing is mandatory for all criminal alcohol-related offenses and since July 1, 2000 for civil alcohol-related offenses. § 1213(a)(1)(B) also requires proof of financial responsibility under § 801 to obtain an ignition-interlock RDL.
“(B) Any violation of section 1201 of this title or for any suspension pursuant to section 1205 of this title.”
How long it stays on file, and from when
1 year, counted from the eligibility date.
Under 23 V.S.A. § 809(a) (as amended effective January 1, 2021), the Commissioner relieves the operator of the obligation after one year from the conviction giving rise to it, but where a suspension or revocation resulted from that conviction, not until one year after the reinstatement eligibility date. § 809(b) extends this to three years after the reinstatement eligibility date for a second or subsequent § 1201 conviction (and for careless-and-negligent or reckless driving resulting in death). The DMV Insurance page states the filing must be maintained 'for a minimum of three years' without distinguishing first from repeat offenses; the statute is followed here (see notes). § 803 requires the proof to be kept on file and in force throughout.
“In the event that a suspension or revocation resulted from the conviction giving rise to the obligation, an operator shall not be relieved of the obligation to furnish proof of financial responsibility until one year after his or her reinstatement eligibility date.”
If the policy is cancelled or lapses
Vermont DMV states that any lapse (the policy expires and is not renewed, or the insurer cancels it) results in a suspension of the driving privileges/license, which is not reinstated until valid Financial Responsibility Insurance is again on file with the DMV. 23 V.S.A. § 803 provides that a person required to furnish proof has the license suspended and must surrender it on the date the insurance expires or is terminated, and § 804(a) requires the certified policy to be noncancellable except after 15 days' notice to the Commissioner. DMV's FAQ states no reinstatement fee is charged if the only suspension on the record is for insurance purposes. Whether the period restarts after a lapse is not stated.
“Any time there is a lapse in this type of insurance coverage ... the individual is issued a suspension of his/her driving privileges/license. The driving privileges/license are not reinstated until valid coverage of Financial Responsibility Insurance is again on file with the DMV.”
Non-owner and out-of-state policies
| Non-owner (operator) policy | Accepted |
|---|---|
| Out-of-state insurer or resident | Accepted |
Vermont DMV states that Financial Responsibility Insurance is liability coverage on the individual, not on a specific vehicle, and covers the person to operate any vehicle whether or not the person owns it. 23 V.S.A. § 802(a) likewise provides that the proof covers the person in the operation of any and all motor vehicles operated by him or her. The DMV page does not use the term 'non-owner policy'.
“Financial Responsibility Insurance is a type of liability insurance coverage on an individual (not on a specific vehicle). The person who has Financial Responsibility Insurance is covered to operate any vehicle (whether the vehicle is owned by this person or not).”
Under 23 V.S.A. § 804(d)-(e), if the insurer is not authorized to do business in Vermont, the Commissioner may accept its written certificate for a nonresident operator provided the insurer executes a power of attorney for service of process and agrees in writing that the policy conforms to Vermont law; a non-admitted insurer in default is not accepted while the default continues. Acceptance is at the Commissioner's discretion and subject to those conditions. § 802(c) also has the Commissioner suspend a Vermont license when another state has suspended the driver for failing to furnish that state with future proof. DMV's FAQ notes a suspension in one state prevents licensing in another until it is cleared.
“(d) If an insurer is not authorized to do business in this State, the Commissioner may accept a written certificate, provided that the certificate issued on behalf of an operator who is a nonresident of this State otherwise conforms with the provisions of this chapter”
Liability limits the filing certifies
Minimum limits: 25/50/10
Under 23 V.S.A. § 801(a), proof of financial responsibility must satisfy claims of at least $25,000 for one person, $50,000 for two or more persons killed or injured, and $10,000 for property damage in any one crash; these equal the ordinary minimums in § 800(a). No uninsured-motorist component is stated for the filing in §§ 801 or 804. The DMV Insurance page refers readers to § 800 for the minimums and to § 804 for the filing requirements.
“of at least $25,000.00 for one person and $50,000.00 for two or more persons killed or injured and $10,000.00 for damages to property in any one crash”
How the filing is confirmed
The DMV Insurance page describes the filing as insurance 'on file with the Department' and the Suspensions page lists 'Submit an SR‑22 (proof of insurance)' among common reinstatement requirements; § 802(a) gives the driver 20 days after the Commissioner mails notice to furnish the proof before suspension. No cited DMV page describes an online lookup that shows whether the SR-22 is on record.
Agency page: dmv.vermont.gov
“Reinstatement requirements vary depending on the offense. Common requirements may include: Submit an SR‑22 (proof of insurance)”
Financial-responsibility statute
“proof of financial responsibility to satisfy any claim for damages, by reason of personal injury to or the death of any person, of at least $25,000.00 for one person and $50,000.00 for two or more persons killed or injured and $10,000.00 for damages to property in any one crash”
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 Vermont
- Which Vermont DUI outcomes require Financial Responsibility Insurance (SR-22)?
- Under 23 V.S.A. § 801(a)(1)(B), proof of financial responsibility is required from a person convicted of any violation of § 1201 (DUI) and for any civil suspension under § 1205, which covers refusals. Vermont DMV states the filing became mandatory for all criminal alcohol-related offenses on April 29, 1998 and for civil alcohol-related offenses on July 1, 2000. § 1213(a)(1)(B) also requires it for an ignition-interlock RDL.
- How long must a Vermont SR-22 stay on file after a first DUI?
- 23 V.S.A. § 809(a) relieves the operator one year after the conviction, or, where a suspension resulted, one year after the reinstatement eligibility date; § 809(b) sets three years after the reinstatement eligibility date for a second or subsequent § 1201 conviction. The Vermont DMV's Insurance page states the filing must be maintained on file 'for a minimum of three years' without distinguishing first from repeat offenses.
- What happens if the policy behind a Vermont SR-22 lapses?
- Vermont DMV states that any lapse, whether the policy expires without renewal or the insurer cancels it, results in a suspension that is not lifted until valid Financial Responsibility Insurance is again on file. Under 23 V.S.A. § 803 the license is suspended and must be surrendered on the date the insurance expires or terminates. DMV's FAQ states no reinstatement fee applies when the only suspension is for insurance purposes.
- Does Vermont require an SR-22 after a DUI?
- Yes. Under 23 V.S.A. § 801(a)(1)(B), proof of financial responsibility is required from a person convicted of a § 1201 violation or suspended under § 1205. Vermont DMV states it accepts only an SR-22 certificate issued by the insurance company and that the filing must be maintained on file for a minimum of three years.
Sources
- Vermont DMV – Insurance (Financial Responsibility Insurance / SR-22 filing; three-year statement; lapse)
- Vermont DMV – Why is a filing of Financial Responsibility Insurance required for an offense involving alcohol? (FAQ; no fee for insurance-only suspension)
- Vermont DMV – License Suspensions & Related Programs (SR-22 among reinstatement requirements)
- 23 V.S.A. § 800 – Maintenance of financial responsibility (minimum limits)
- 23 V.S.A. § 801 – Proof of financial responsibility required (§ 1201 conviction; § 1205 suspension; limits)
- 23 V.S.A. § 802 – Suspension of license (proof covers any vehicle; 20-day notice; out-of-state)
- 23 V.S.A. § 803 – Proof of financial responsibility to be kept in force
- 23 V.S.A. § 804 – Method of proof (insurer certificate; 15 days' notice; non-admitted insurers)
- 23 V.S.A. § 809 – Waiver of proof of financial responsibility (one year / three years)
- 23 V.S.A. § 1213 – Ignition interlock RDL (proof of financial responsibility under § 801)
- 23 V.S.A. § 1209a – Conditions of reinstatement
- 23 V.S.A. § 675 – Fee prior to termination or reinstatement of suspension