Wisconsin SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

WisDOT writes it 'SR22' and calls it an 'SR22 certificate (proof of insurance/financial responsibility)', filed with the Wisconsin DMV: 'Proof of insurance/financial responsibility means a SR22 certificate has been filed.' WisDOT states most insurers file it electronically or by mail and that, if the insurer will not, the driver may fax or email the actual SR22 certificate (not a policy summary) to DMV. Wis. Stat. 344.31 provides that proof may be furnished by filing with the secretary the written certification of an insurer authorized in Wisconsin, or by another means the secretary approves. The certificate must show the insured's name, policy number, policy and certification effective dates, owner's/operator's policy or 'All owned and non-owned (vehicles)', Wisconsin as the state, the insurer's name, and an authorized signature.

“Proof of insurance is filed by providing a SR22 certificate to DMV. To obtain a SR22 certificate, contact an insurance company licensed to do business in Wisconsin. Most insurance companies that file SR22 certificates will electronically file or mail the information to DMV.”

What triggers it

WisDOT states an SR22 is necessary to reinstate a driver license after operating privileges are revoked and to obtain an occupational license while suspended or revoked - but that an SR22 is NOT required after revocation if the only reason for the revocation is a first-offense OWI (or non-compliance with a Driver Safety Plan/interview). For a first adult OWI, therefore, the filing is required only for an occupational license (or where another revocation reason exists); Wis. Stat. 344.29 requires proof where it is a condition precedent to reinstating an operating privilege revoked under ch. 343.

“To reinstate a driver license after operating privileges are revoked.* ... SR22 is not required after revocation if the only reason for revocation is Non-Compliance with Driver Safety Plan/Interview or 1st offense OWI.”

How long it stays on file, and from when

3 years, counted from the eligibility date.

WisDOT: 'Insurance must be filed for three years from the date you are eligible to reinstate your driving privileges.' Wis. Stat. 344.41(1)(a) has the secretary cancel the certification and waive the filing when the period during which proof is required has expired. Neither source uses the word 'continuous', but 344.40(1)(a) suspends or revokes for any failure to maintain proof during the period and WisDOT refers to 'the three-year filing period'.

“Insurance must be filed for three years from the date you are eligible to reinstate your driving privileges.”

If the policy is cancelled or lapses

Wis. Stat. 344.40(1)(a): a person whose operating privilege was suspended or revoked, who furnished proof and fails to maintain it at any time during the required period, has the operating privilege suspended or revoked from that date until satisfactory proof is again furnished or the required period has expired - the statute does not restart the period. Wis. Stat. 344.34: a certified policy may not be cancelled until at least 10 days after a cancellation notice is filed with the secretary, may not be cancelled for non-payment within 90 days of certification, and a recertification by the same insurer after cancellation carries a $3 fee payable by the insurer. WisDOT states a driver who wants to stop carrying the SR22 and stop driving in Wisconsin can avoid additional fees by surrendering the license to DMV before cancelling the insurance.

“the secretary shall suspend or revoke such person’s operating privilege for a period of time running from the date of suspension or revocation until such time as either satisfactory proof of financial responsibility is again furnished or the period during which proof was required to be furnished has”

Non-owner and out-of-state policies

Wis. Stat. 344.31: the certification certifies coverage for any motor vehicle operated by the named insured when the certification is required from a vehicle operator, or for any vehicle owned by the named insured when required from a vehicle owner; 344.33(2) allows the certified policy to insure the person using any motor vehicle with the owner's permission. WisDOT's certificate checklist requires either the owner's and operator's policy boxes or 'All owned and non-owned (vehicles)' to be indicated ('All owned and non-owned automobiles' is not acceptable).

“shall certify coverage for any motor vehicle operated by the named insured if the certification is required to be furnished by a vehicle operator or coverage for any motor vehicle owned by the named insured if the certification is required to be furnished by a vehicle owner.”

A certificate from an insurer not licensed in Wisconsin is not accepted: WisDOT states the SR22 certificate must be obtained through an insurance company licensed to do business in Wisconsin and that Wisconsin must be listed as the state on the certificate; Wis. Stat. 344.31 and 344.33(1) require the certifying insurer to be authorized to do business in Wisconsin. Neither source says whether a Wisconsin-licensed insurer may file for a driver who has moved to another state. For a driver who leaves the state, WisDOT states only that a person who wishes to stop carrying the SR22 and discontinue driving in Wisconsin may surrender the license to DMV before cancelling the insurance; 344.41(3)(a) requires proof to be furnished again to reinstate before the period expires.

“You must obtain a SR22 certificate through an insurance company licensed to do business in Wisconsin and then file it with the DMV.”

Liability limits the filing certifies

Minimum limits: 25/50/10

Wis. Stat. 344.01(2)(d) defines proof of financial responsibility as $25,000 for bodily injury or death of one person, $50,000 for two or more persons in one accident, and $10,000 for property damage in one accident; 344.33(2) sets the same limits for the certified motor vehicle liability policy. WisDOT's page lists the SR22 amounts as at least $25,000, $50,000 and $10,000 (its own labels: 'for death', 'for personal injury', 'for property damage'). No uninsured-motorist component is stated for the filing.

“$25,000 because of bodily injury to or death of one person in any one accident and, subject to that limit for one person, in the amount of $50,000 because of bodily injury to or death of 2 or more persons in any one accident and in the amount of $10,000 because of injury to or destruction of”

How the filing is confirmed

WisDOT states electronically filed SR22 information is usually entered automatically on the customer's driver record within one to two working days, and its page offers a 'Check the status of your insurance filing' online lookup. If the insurer does not file, the driver may fax or email the actual certificate to the DMV contact on the page; WisDOT states it cannot accept an insurance summary or other general document in place of the certificate.

Agency page: wisconsindot.gov

“The electronically filed information is usually entered automatically on the customer's driver record within one to two working days.”

Financial-responsibility statute

Wis. Stat. § 344.29 (proof required); §§ 344.30-344.31 (methods; certification of insurance); § 344.01(2)(d)

“in those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to issuance of an operator’s license under s. 343.38 (4) or reinstatement of an operating privilege revoked under ch. 343 .”