What is a SR-22?

Do I need SR-22 insurance after a DUI?

If you are 21 years old or older, and were charged with operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them as described in O.R.C. 4511.19(A)(1)(a) to (i) or (A)(2) and found guilty for this OVI arrest under O.R.C. 4511.19(G), you are required under 4511.19(G)(7) to provide the court with proof of financial responsibility required under O.R.C. 4509.01 which requires you to meet the same minimum liability coverage requirements as listed under O.R.C. 4509.51. The minimum liability coverage required by Ohio is: (A) Twenty-five thousand dollars ($25,000) liability for bodily injury of one person; (B) Fifty thousand dollars ($50,000) liability for bodily injury of two or more people in the same accident; and (C) Twenty-five thousand dollars ($25,000) liability for any property damage caused by the accident. If you fail to provide this proof of financial responsibility to the court, restitution may be ordered by the court under section 2929.18 or 2929.28 of the O.R.C. not to exceed five thousand dollars for any economic loss resulting from your operation of the vehicle while driving under the influence. To provide the required proof of financial responsibility to the court, you must submit an SR-22 form, which certifies to the state that you possess the minimum amount of liability insurance required by the state under O.R.C. 4509.51.

What is an SR-22?

If you must submit an SR-22 form, you will have no choice but to inform your insurance company of your DUI charge because your insurance company must submit the SR-22 form to the Ohio Bureau of Motor Vehicles (BMV) for you. First, the Ohio BMV defines an SR-22 as a minimum-limit liability insurance policy that only covers the individual named on the policy. To file an SR-22 after your DUI arrest, you must contact your insurance company if it is licensed to do business in Ohio, or if not, another insurance company licensed to do business in Ohio, and then apply and pay for a policy written for the state of Ohio. Next, the insurance will company will file the SR-22 with the Ohio BMV, typically done electronically and processed within 72 hours of receipt.

You must still file the SR-22 with Ohio even if you do not currently live in Ohio or you move to a different state if doing so is a requirement for your Ohio suspension. Your insurance company is required by law to report to the Ohio BMV if your SR-22 policy is canceled within the time period required for coverage, typically three years.

Are there different types of SR-22 forms?

Currently, there are three types of SR-22 forms available in Ohio:

• Ohio SR-22 Operators Certificate, which covers you for the operation of any non-owned vehicle driven with the permission of the owner.
• Ohio SR-22 Owners Certificate, which covers you while driving any vehicles that you own.
• Ohio SR-22 Operators-Owner Certificate, which covers you while driving any vehicles that you own as well as if you are driving a vehicle owned by another person with their permission.

It is very important that you or your attorney prove that you had insurance coverage at the time of your OVI citation that met the minimum liability requirements listed in O.R.C. 4509.51. If you fail to show this proof of coverage, you will also have your license suspended for a minimum of 90 days under a Noncompliance Suspension, and you will have to provide an SR-22 form to the state to prove financial responsibility. If you also received a suspension from a judgment arising from the result of damages and/or injuries arising from your use of a motor vehicle under the influence, you will still be required to have your insurance company file an SR-22 form to the BMV.

For additional information concerning Ohio’s Driver License Reinstatement procedures, see http://www.publicsafety.ohio.gov/links/bmv2401.pdf

Additional resources include:

• First-Offense OVI/DUI: http://www.bmv.ohio.gov/susp-ad-first-offense.aspx
• SR-22/Bond: http://www.bmv.ohio.gov/susp-otherinfo-sr22.aspx
• O.R.C. 4511.19: http://codes.ohio.gov/orc/4511.19
• O.R.C. 4509.01: http://codes.ohio.gov/orc/4509.01
• Noncompliance Suspension: http://www.bmv.ohio.gov/susp-ins-noncomply.aspx
• O.R.C. 4509.51: http://codes.ohio.gov/orc/4509.51v1

ATTORNEY KELLY FARRISH

Kelly Farrish always knew he wanted to be an attorney, but he the path he took to get there isn’t like most. He served five years in the United States Air Force and did two voluntary years in South Vietnam. When he returned to Cincinnati, he worked the midnight shift as a technician at Cincinnati Bell, all the while attending college full time year round for three years. He graduated Cum Laude from the University of Cincinnati. [ ATTORNEY BIO ]