Washington SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

DOL calls it 'proof of financial responsibility' and accepts three forms: an SR-22 insurance certificate written for Washington State by an insurance company approved by the Office of the Insurance Commissioner, a DOL-issued certificate of deposit for at least $60,000, or a liability bond for at least $60,000. The insurance provider submits the SR-22 certificate to DOL through DOL's online portal or by fax to 360-570-7825. In RCW 46.29.460 the filing is the written certificate of an insurance carrier authorized in Washington certifying that a motor vehicle liability policy is in effect.

“SR-22 Insurance written for Washington State by an approved insurance company. ... Your insurance provider can submit your SR-22 certificate through our online portal or by fax to: 360-570-7825.”

What triggers it

Conviction-based. DOL's SR-22 page states proof is required of anyone who has been convicted of, or forfeited bail for, certain offenses (as well as unpaid judgments and certain accidents). RCW 46.20.311(2)(c) bars a new license after a DUI revocation until the person gives and thereafter maintains proof of financial responsibility under chapter 46.29 RCW, and RCW 46.29.280 applies whenever a license is suspended or revoked by reason of a conviction or bail forfeiture. DOL's DUI page lists 'financial responsibility compliance, if applicable' among the items it must receive before reinstatement, and under RCW 46.20.385 an applicant for an Ignition Interlock Driver License is eligible only on filing satisfactory proof of financial responsibility under chapter 46.29 RCW.

“Who needs to file proof of financial responsibility? Anyone who has: Been convicted of, or forfeited bail for, certain offenses. Failed to pay judgments. Driven or owned a vehicle involved in an accident.”

How long it stays on file, and from when

3 years, counted from the eligibility date.

DOL states that in most cases the proof must be provided for 3 years from the date the person is eligible to reinstate the license. RCW 46.29.600(1)(a) lets DOL consent to cancellation of the certificate, or waive the filing requirement, at any time after three years from the date the proof was required if no qualifying conviction, bail forfeiture or infraction finding was received during the preceding three-year period. Neither source uses the word 'continuous', but RCW 46.29.280 requires the person to 'give and thereafter maintain' the proof.

“How long do I have to provide proof of financial responsibility? In most cases, 3 years from the date you're eligible to reinstate your license.”

If the policy is cancelled or lapses

RCW 46.29.280 states that on receiving notice of the termination or cancellation of proof of financial responsibility, DOL re-suspends or re-revokes the driving privilege until the person again gives and thereafter maintains proof. RCW 46.29.500 provides that a certified policy cannot be cancelled or terminated until at least ten days after a notice of cancellation or termination is filed with DOL, except that a later certified policy terminates the earlier one for any vehicle in both certificates. RCW 46.29.590 requires other proof and suspends the license and registration pending its filing. Neither the statute nor DOL's page says whether the three-year period restarts after a lapse.

“Upon receiving notice of the termination or cancellation of proof of financial responsibility for the future, the department shall resuspend or rerevoke the person's driving privilege until the person again gives and thereafter maintains proof of financial responsibility for the future.”

Non-owner and out-of-state policies

RCW 46.29.450 provides that proof may be given 'with respect to a person who is not the owner of such a vehicle'; RCW 46.29.460 exempts the certificate from listing vehicles when the policy is issued to a person who is not the owner of a motor vehicle; and RCW 46.29.490(1) defines the certifiable 'motor vehicle liability policy' as an owner's policy or an operator's policy. DOL's SR-22 page does not mention non-owner policies.

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

RCW 46.29.470 allows a nonresident to file a certificate from an insurance carrier authorized in the state where the nonresident's vehicle is registered, or in the state of residence if the nonresident owns no vehicle, provided the carrier executes a power of attorney for service of process and agrees in writing that the policy conforms to Washington law; RCW 46.29.480 bars acceptance from a nonresident insurer in default. For residents, DOL's page requires an SR-22 'written for Washington State by an approved insurance company' (Insurance Commissioner-approved).

“A nonresident may give proof of financial responsibility by filing with the department a written certificate ... authorized to transact business in the state in which the vehicle, or vehicles, owned by such nonresident is registered, or in the state in which such nonresident resides”

Liability limits the filing certifies

Minimum limits: 25/50/10

RCW 46.29.260 defines 'proof of financial responsibility for the future' as $25,000 bodily injury or death of one person, $50,000 bodily injury or death of two or more persons, and $10,000 property damage per accident; RCW 46.29.490(2)(b) sets the same limits for a certified owner's policy. No uninsured-motorist or PIP component is stated for the certificate. DOL's alternatives are a $60,000 certificate of deposit or a $60,000 liability bond.

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

How the filing is confirmed

DOL states processing may take 7-10 business days after it receives the documents, that incomplete requests take longer, and that a person who has not received an update within 30 days can contact DOL at 360-902-3900. The insurer submits the certificate through DOL's online portal or by fax. DOL's DUI page states that the suspension letter DOL sends explains how to reinstate the license.

Agency page: dol.wa.gov

“It may take 7-10 business days for processing after receiving your documents. Requests with incomplete information may take longer to process. If you have not received an update within 30 days, please contact us at 360-902-3900.”

Financial-responsibility statute

RCW 46.29.280 (ch. 46.29 RCW, Financial Responsibility)

“the department shall not issue to such person any new or renewal of license until permitted under the motor vehicle laws of this state, and not then unless and until such person shall give and thereafter maintain proof of financial responsibility for the future.”