Legal Question in DUI Law in California
SR22 Still Required If DUI Convitction Was 5 years Ago?
I had a DUI conviction in March of 2000. I am just now getting my stuff together and trying to get my license back. I have been told by 3 different people at the DMV (local office, and 2 in Sacramento) that even though it has been 5 years, and it clearly states that yuo need to have an SR22 for 3 years past the conviction date, I still have to carry an SR22 for 3 years from now. I argued with them over and over, and they really couldn't explain to me the reasoning behind this. I was told that to get the license re-instated, I have to have the SR22, which makes a little sense. Is this true? If so, can't I just obtain the SR22 for one month to get my license re-instated, then get regular insurance thereafter? Thanks for any help.
1 Answer from Attorneys
Re: SR22 Still Required If DUI Convitction Was 5 years Ago?
You are confused about an SR22. All is proves is that you have "regular" insurance. But if you cancel it, the insurance company will notify the DMV which will suspend your license. The purpose of requiring an SR22 is to enforce the law that requires drivers to have insurance. And the law requires that you maintain the SR22 for 3 years from the date that you get your license back (not from the date of the conviction), just to make sure that you don't drive without insurance. If you're first getting your license back 5 years after the conviction, you must file the SR22. BTW, "keeping it on file" means only that you continue to have the insurance. You don't have to do anything to "keep it on file for 3 years" unless you switch insurance companies, in which case the new insurance company has to file the SR22 when you switch. If you'd like to talk further about this, don't hesitate to call me at 310 393 0639. Steve Mandell
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