Virginia FR-44 requirements after a DUI

Which filing, and what triggers it

Form: FR-44

Virginia Uniform Financial Responsibility Certificate (FR-44), the DUI-specific certificate that replaces the SR-22 for DUI-related convictions. Under Va. Code § 46.2-439 the insurance carrier files the certificate with the Commissioner of DMV; DMV's reinstatement guide (DMV 292) states the insurance company files SR-22 and FR-44 certificates electronically with DMV. DMV's Financial Responsibility Certifications page lists the FR-44 as required for maiming under the influence, driving under the influence and driving on a license forfeited for those offenses, plus similar out-of-state convictions.

“Such certificate shall be an American Association of Motor Vehicle Administrators Uniform Financial Responsibility Form (SR-22), or Virginia Uniform Financial Responsibility Form (FR-44), depending on the circumstances.”

What triggers it

Conviction. Va. Code § 46.2-316(A)(4) and (C) tie the FR-44 requirement to a conviction under § 18.2-266 (DUI), § 18.2-51.4 (maiming while under the influence) or § 18.2-272 (driving on a license forfeited for those offenses), or a similar federal or other-state law; DMV's Financial Responsibility Certifications page lists the same convictions. DMV 292 adds that the certificate must be in effect and on file to obtain restricted driving privileges and during the period of restricted driving privileges. Neither source lists an administrative (pre-conviction) suspension as a trigger.

“FR-44 certification is required for the following convictions: Maiming while under the influence Driving while under the influence of intoxicants or drugs Driving while the driver's license has been forfeited for a conviction, or finding of not innocent in the case of a juvenile”

How long it stays on file, and from when

3 years, counted from the eligibility date.

Three years. DMV 292 states the SR-22 or FR-44 must be in effect and on file for three years from the suspension/revocation end date, and also to obtain and during restricted driving privileges. Va. Code § 46.2-316(C) phrases the same period as three years after the person otherwise becomes entitled to a license or permit. Neither source uses the word 'continuous', but DMV 292 describes a 'required three-year insured period' during which a cancellation triggers suspension.

“you must have a SR-22, or if applicable, a FR-44 in effect and on file with DMV: • In order to obtain restricted driving privileges • During the period of restricted driving privileges • While making installment payments on a judgment • For three years from the: ° Suspension/revocation end date”

If the policy is cancelled or lapses

DMV 292 states that if the policy is canceled during the required three-year insured period, the insurance company notifies DMV with a Notice of Cancellation or Termination (DMV's certifications page labels the pairing 'SR-22/SR26'), and on receipt DMV suspends or revokes the driving privilege until a current SR-22 or FR-44 is provided. Va. Code § 46.2-459 likewise directs the Commissioner to require other proof and suspend the license, registration cards and plates pending new proof. Neither source states whether the three-year period restarts after a lapse.

“insurance policy is canceled during the required three-year insured period, the insurance company will notify DMV by sending a Notice of Cancellation or Termination. Upon receipt of the notice, DMV will suspend/revoke your driving privilege until you provide a current SR-22 or if applicable, FR-44.”

Non-owner and out-of-state policies

DMV 292 states that a person who does not own a vehicle is required to file an operator's policy, which it describes as a policy for persons required to have a certificate of insurance who do not own a vehicle; it covers the licensed insured listed on the SR-22/FR-44 and does not insure vehicles. The FR-44 form itself has an 'OPERATOR'S POLICY' option applicable to any vehicle not registered or titled to the insured.

“If I do not own a vehicle, do I have to file an SR-22/FR-44? Yes. If you do not own a vehicle you will be required to file an operator’s policy.”

Va. Code § 46.2-441 allows a nonresident required to file proof of financial responsibility in the future to file the certificate of an insurance company authorized or licensed in the nonresident's state of residence, in amounts equal to those required by §§ 46.2-316 and 46.2-472, on the SR-22 or FR-44 form. DMV's certifications page states that a person residing outside Virginia may submit a letter on the insurer's letterhead stating the double minimum coverage amounts.

“a nonresident required to file proof of financial responsibility ... may give proof of financial responsibility in the future by filing with the Commissioner the written certificate of an insurance company ... authorized or licensed to do business in the nonresident's state of residence”

Liability limits the filing certifies

Minimum limits: 100/200/50

FR-44 limits exceed the ordinary minimums. Va. Code § 46.2-316(C) requires the FR-44 policy to carry not less than double the § 46.2-472 minimums for bodily injury or death of one person, bodily injury or death of two or more persons, and property damage. § 46.2-472(B) sets those minimums at $50,000 / $100,000 / $25,000 for policies effective on or after January 1, 2025 (they were $30,000 / $60,000 / $20,000 for policies effective January 1, 2022 through December 31, 2024). Doubling the current minimums gives $100,000 / $200,000 / $50,000; no official page prints the FR-44 figures as a single number. DMV's reinstatement guide (DMV 292) still prints FR-44 figures of $50,000 / $100,000 / $40,000, which are double the pre-2022 minimums of $25,000 / $50,000 / $20,000. No uninsured-motorist or PIP component is stated for the certificate.

“For all policies effective on or after January 1, 2025 ... $50,000 because of bodily injury to or death of one person in any one accident ... to a limit of $100,000 because of bodily injury to or death of two or more persons in any one accident, and to a limit of $25,000”

How the filing is confirmed

DMV 292 states that a DMV compliance summary — a detailed list of the outstanding requirements to reinstate the driving privilege, available at no charge online at dmv.virginia.gov, by phone at 804-497-7100, or at any customer service center — shows what remains to be satisfied; the insurer files the FR-44 electronically, and DMV's certifications page describes electronic filing as placing the certification directly on the customer's DMV record.

Agency page: www.dmv.virginia.gov

“A compliance summary is a detailed list of outstanding requirements that you must satisfy in order to have your driving privilege reinstated. The information provided is valid as of the date listed at the top of the compliance summary. There is no charge for this document.”

Financial-responsibility statute

Va. Code § 46.2-316(C)

“unless he furnishes proof of financial responsibility in the future as provided in § 46.2-439 under a motor vehicle liability insurance policy that satisfies the requirements of § 46.2-472 except that the limits of coverage ... shall be not less than double the minimum limits set forth in § 46.2-472”