FR-44 DUI Insurance Requirement

One of the most expensive consequences of a DUI conviction in Florida is the requirement to obtain high-risk auto insurance called “FR-44” insurance for at least three years. The FR-44 requirement makes auto insurance much more expensive. Your Florida auto insurance premiums could increase by 200% to 300% from the amount you paid before your DUI arrest. Even worse, your insurance company may cancel or fail to renew your automobile insurance coverage in Florida.

Even more surprising, a DUI conviction can lead to higher rates on other types of insurance, such as health insurance, life insurance, medical insurance, and disability insurance, for up to five years after the conviction.

If you shop for new automobile insurance after being canceled by your old insurance company, the fact that your auto insurance is canceled will cause an additional increase in insurance premiums. For many, the increase in insurance premiums is so dramatic that maintaining automobile insurance becomes difficult or impossible. Any lapse in insurance will result in an automatic suspension of your driver’s license under Florida law.

This article explains Florida’s FR-44 insurance requirement and how it might affect you.

Requirements of Florida Statute Section 324.023

Florida Statute Section 324.023 created additional financial responsibility insurance policy limits for bodily injury or death for anyone convicted of driving under the influence of drugs or alcohol (DUI) after October 1, 2007.

To comply with Florida FR-44 liability limits of 100/300/50, you must increase your auto insurance policy limits and maintain that level of insurance coverage for at least three years. The 100/300/50 limits mean that you must have bodily injury liability insurance limits of:

• $100,000 per person in any one crash;
• $300,000 for two or more persons in one crash; and
• $50,000 property damage liability coverage for any one crash.

Alternatively, the owner or operator can meet this requirement by establishing and maintaining such ability by furnishing a certificate of deposit pursuant to Florida State Statute 324.031(2), a certificate of deposit of at least $350,000.

The higher limits for FR44 insurance must be carried for a minimum period of three (3) years. If the owner or operator has not been convicted of driving under the influence (DUI) or a felony traffic offense for a period of three (3) years from the date of reinstatement of driving privileges for a violation of Section 316.193, the owner or operator becomes exempt from this section.

Higher Policy Limits for FR-44 

On February 2, 2008, the Florida Department of Highway Safety and Motor Vehicles (“DHSMV”) introduced the new financial responsibility certification required under Section 316.193, Florida Statutes. The certification is contained on the “Florida FR-44 Form.”

FR44 is similar to the SR-22 requirement that existed before February 2, 2008. One difference between the new FR-44 form and the old SR-22 form is that higher liability limits are now needed.

After a DUI conviction in Florida, your license will be suspended by order of the court. To reinstate your Florida driver’s license, you will be required to obtain a FR-44 Form, which must be maintained for at least three (3) years.

You obtain the FR-44 form from your auto insurance company. As soon as you ask for the FR-44, your auto insurance company will know that your driver’s license has been suspended for a Florida DUI conviction, and your status will be changed to “high risk,” causing the increased premiums.

The Florida FR-44 Form is a certificate of continuing financial responsibility showing the limits of your automobile liability insurance that must be kept on file with the Florida DHSMV for three years from the ending date of any revocation. The Florida FR-44 form also requires the insurance company to notify the DHSMV if your insurance policy is canceled, terminated, or lapsed for any reason.

To reinstate your Florida driver’s license, you must usually pay a reinstatement fee of:

• $150 for a first suspension;
• $250 for a second suspension; or
• $500 for a third suspension.

What is the Difference Between FR44 and SR22?

In Florida, SR-22 and FR-44 both refer to insurance filings certifying bodily injury liability (BIL) and property damage liability (PDL) to comply with the reinstatement requirements of the Florida Financial Responsibility Law.

The difference between SR-22 and FR-44 can be found in Florida’s statutes explaining each requirement. Florida Statute Section 324.171 lists the financial responsibility requirements for SR-22 insurance. Florida Statute Section 324.023 lists the financial responsibility requirements for FR-44 insurance.

The term “SR-22” might also be called the “certificate of financial responsibility” or “SR-22 bond”. The SR-22 requirement is triggered by a conviction for specific driving offenses other than DUI. The policy limits for SR-22 require $10,000 of personal injury protection and $10,000 of personal property damage.

The term “FR-44” refers to the certificate of financial responsibility required after a DUI conviction. Those coverage limits are 100/300/50.

Find Out More About Avoiding the Hidden Costs of a DUI Conviction

If you have been arrested for driving under the influence (“DUI”) in Hillsborough County, Pinellas County, Polk County, or Pasco County, contact an experienced Tampa DUI Attorney to discuss the actual costs of a Florida DUI conviction.

Our lawyers handle driving under the influence (“DUI”) cases throughout the Tampa Bay Area, including the cities of Tampa, Pinellas, St. Petersburg, Plant City, New Port Richey, Dade City, and Bartow, Florida.

Contact the Sammis Law Firm for a free consultation to discuss your Florida DUI arrest and pending DUI charges in Hillsborough County, Pasco County, Pinellas County, Polk County, or the surrounding areas.

Call 813-250-0500.

This article was last updated on Wednesday, July 17, 2024.