In the State of Indiana, a DUI arrest can lead to a number of unexpected consequences. As any experienced Indiana DUI lawyer will tell you, if you’ve been charged with a DUI, there’s a good chance you’re going to have to deal with SR22.
There are two ways you can end up with an SR22 requirement: a) the Bureau of Motor Vehicles may require you to carry SR22 following insurance violations or certain court-related offenses; or b) a judge can order you to carry SR22 during a period of specialized driving privileges or for three years following the rescission of a lifetime driving suspension.
This post will look at what an SR22 filing is, why you need it, and how long you’ll be expected to maintain it.
What Is an SR22 Filing?
An SR22 filing—sometimes referred to as proof of future financial responsibility, or more informally, as high risk insurance—is a certificate of financial responsibility required either by the BMV or by court order. The purpose of the SR22 is to ensure that your auto insurance coverage does not lapse.
It might be helpful to think of SR22 as a sort of big brother insurance policy. Big brother is watching out for you, and he’s going to let the BMV know if your insurance is canceled. SR22 makes it so the BMV is notified as soon as there’s an issue with your insurance coverage.
Why Do You Need SR22?
Like most states, Indiana has made it illegal to drive without auto insurance. SR22 serves as a safeguard to ensure that drivers maintain their insurance coverage.
Here’s how it works: Normally, when you purchase a vehicle, you need to show proof of insurance to register it and legally get behind the wheel. But there’s a loophole for gamblers: Nothing’s stopping you from canceling your insurance policy as soon as your car’s been registered.
SR22 closes this loophole by requiring your insurance company to notify the BMV if your policy is canceled. If your SR22 policy lapses, the BMV assumes that you’ve canceled your underlying insurance as well, and your driving privileges will be suspended.
How Long Is SR22 Required?
As any experienced Indiana DUI lawyer will tell you, the length of time that you’ll need to carry SR22 is going to depend on your specific situation. If you’re in the pre-trial phase of a DUI case and you’re seeking specialized driving privileges, the longest that can last is 180 days. The judge will almost certainly make SR22 part of the deal for your six months of driving privileges.
A DUI conviction also comes with a three-year SR22 requirement from the BMV. This three-year period is measured either from the date of conviction or the end date of your pre-trial suspension, whichever comes first. This is a three-year administrative requirement, and your only options are:
- carry SR22 for the required period;
- drive on a suspended license; or
- stop driving until the SR22 requirement is up.
There is no way to shorten the BMV’s three-year SR22 requirement. If you’re arrested for DUI in Indiana and need to keep driving while your case is pending, there is a strong likelihood that you’ll need to carry SR22 for at least three and a half years.
Recent Changes to Indiana’s Insurance Laws
Recent changes to Indiana’s insurance laws have made it easier for Indiana drivers to resolve lingering suspensions on their record. If you have unpaid court fees or an indefinite driving suspension for FAILURE TO APPEAR, these can be resolved by carrying SR22 for three consecutive years.
If you have unpaid reinstatement fees to the BMV or an indefinite driving suspension for FAILURE TO FILE INSURANCE, these can be resolved by carrying SR22 for 180 consecutive days.
Don’t Delay, Reach Out Today
Criminal charges can be overwhelming, and insurance matters are rarely easy to understand. If you’re struggling, it’s important to seek the assistance of an experienced Indiana DUI lawyer as soon as possible.
If you’re facing DUI charges, the Marc Lopez Law Firm is here to help. Don’t just hope for the best. Give us a call at 317-632-3642 and remember—always plead the 5th!
