SR-22 insurance in South Carolina after a DUI

What an SR-22 is

"SR-22" is the common name for a certificate of financial responsibility. When the law requires you to prove you have liability insurance, your insurance company files this certificate with the S.C. Department of Motor Vehicles on your behalf. The DMV's page for insurers says SR-22 filings are made electronically through the state's insurance reporting system.

The certificate itself does not change your coverage. It is a promise from the insurer to the DMV that a qualifying policy is in force, and it tells the DMV if that changes.

When South Carolina requires one after a DUI

After a conviction. When your license is suspended because of a conviction, S.C. Code § 56-9-500 says your vehicle registrations are suspended too, and they stay suspended, along with the license, until you give the DMV proof of financial responsibility. A DUI conviction falls under this rule, so in practice the SR-22 is part of getting your license back.

Not for the administrative suspension. If your license was suspended on the night of the arrest because you refused the test or blew 0.15 or more, § 56-5-2951(M) says you do not need to file proof of financial responsibility for that suspension. That suspension is covered in the DMV hearing guide.

How it is filed

Under S.C. Code § 56-9-550:

• the certificate must be filed electronically by an insurer authorized to do business in South Carolina
• the policy behind it must have a minimum term of six months
• the certificate must stay in force for at least 90 days, and if it is later canceled, the insurer must notify the DMV immediately
• it must list every vehicle covered, unless the policy is issued to someone who does not own a vehicle

The DMV can refuse to accept a certificate from someone whose previous policy was canceled for nonpayment, unless the new policy cannot be canceled for one year.

Shop with insurers licensed in South Carolina and ask each one directly whether it files SR-22 certificates, what coverage you need, and the price for your situation. Our insurance listings come from public records and are not recommendations.

How long you need it

S.C. Code § 56-9-620 lets the DMV release the requirement three years after the date proof was first required, as long as you have not been convicted of an offense during that time that would require proof again.

Plan for the whole period. The law requires you to give proof and then maintain it, and an insurer that cancels a certificate must notify the DMV. Under § 56-9-630, if you apply for a license again within three years of the date proof was originally required, you can be required to re-establish it.

If you live in another state

Nonresidents are covered too. Under § 56-9-510, when the DMV suspends a nonresident's driving privilege because of a conviction, it stays suspended until the person gives and maintains proof of financial responsibility, and § 56-9-560 lets a nonresident meet the requirement with a certificate from an insurer authorized in the home state, if the policy meets South Carolina's requirements and the insurer agrees to be bound by them.

Your home state also learns of a South Carolina suspension and conviction, and may have its own insurance filing rules. The out-of-state guide covers how that works.

Insurance and your household

Two other rules are worth knowing:

• Before a conviction, an insurer may not raise premiums, surcharge, or cancel a policy based only on the offense that led to an administrative suspension (§ 56-5-2951(N)).
• After a conviction, if your license is suspended under § 56-5-2990, an insurer may not refuse to insure the other members of your family (§ 56-5-2990(E)). Ask your insurer how your own coverage will be handled.

Where the SR-22 fits in reinstatement

After a DUI conviction in South Carolina, the steps to driving again usually include ADSAP, the ignition interlock program, reinstatement fees, and proof of financial responsibility. The DMV's license reinstatement page lists what applies to your record. See the ignition interlock guide and the ADSAP guide for the other pieces.