What is an SR-22 form for DUI?
After you receive a DUI, you'll need to file an SR-22 with the state to verify you have insurance. Learn what an SR-22 is, who needs one, and how much it costs.
Possible Insurance DUI Penalties Along with dealing legally with a court order and keeping or reinstating your driver’s license, you may have some hoops to jump through to be able to maintain auto insurance coverage. Here are some of the insurance coverage repercussions. • Rate Increases - The first obvious way a DUI can impact your auto insurance is by raising your premiums. Your premiums, depending on your pre-DUI coverage cost, could conceivably double, even rise by as much as 200 percent. • Policy cancellation - In the state of Nevada, insurance is required of all drivers, so you should be concerned about your company cancelling your coverage altogether. • Form SR-22 – Getting a DUI means having to file an SR-22 form every year with the state of Nevada for three years. These forms provide proof of your coverage. This coverage must include a minimum of $15,000 bodily injury or death of one person, $30,000 for bodily injury or death for more than one person, and minimum of $10,000 for property damages. DUI Penalties In order to understand what you can do about your insurance coverage penalties, you need to understand what you might deal with from a legal perspective first. This will impact actions you take, not only regarding your auto insurance, but how aggressively you need to address your possible conviction. Here are the possibilities: • Loss of License – A first DUI conviction in the state of Nevada means a mandatory 90-day license suspension. • Mandatory DUI School – The cost of these programs varies. • Possible jail time - 2 days to 6 months. How I Might Be Able to Help Regardless of how it affects your insurance, getting a DUI will disrupt your life for a while, especially if you’ve had more than one. If you weren’t able to prevent getting the DUI, the next best thing is to call me as soon as the incident occurs, so we can go over your options in dealing with it. I will also look at insurance options with you, regardless of how the DUI is resolved. • Prevent the Conviction - The best defense against insurance penalties is to prevent the conviction in the first place. There are many cases where, due to improper or hurried practices of the arresting officer, the collected data used to secure a DUI conviction are corrupted. I will review and challenge the validity of evidence against you. • Pursue a Plea – At times it might be advantageous to pursue a plea, thus reducing the charge and penalty. Accepting a charge such as reckless driving might be the best way to prevent a DUI conviction, which might also mitigate your insurance penalties. • Reduce or Prevent Suspension – In some circumstances, I might be able to work with the courts regarding your license suspension, but there is a short window of time to request a hearing, so contacting me ASAP is critical. Insurance is a moot point if you aren’t allowed to drive. • Seal Your DUI Records – In Nevada, after seven years, a DUI conviction can be hidden from a public criminal record, however, your attorney must know what they are doing to make it happen. • High-Risk Insurance Pool – Those convicted of DUI may have a tough time finding auto coverage. I can help you navigate the process of getting insurance through the Nevada high-risk pool. In the end, a DUI is a very serious charge with long-lasting consequences. It’s critical that you consult with a knowledgeable DUI attorney to get the best results possible. Darren Weiss, PLLC will give personal service and care to every one of his individual clients. Contact him right away at 702-899-8989 or email with your DUI concerns.
1. ODL Qualifications Not everyone needs an ODL! Many times a driver simply needs to reinstate their license by contacting TX DPS to determine the necessary steps in their situation. An ODL is often required if you have a suspension on your license. The suspension will have a "begin" and "end" date, even if the end date is until the year "9999." Check your driver eligibility status online at https://www.dps.texas.gov/DriverLicense/OnlineServices.htm to determine if an ODL is right for you. You can also visit https://www.dps.texas.gov/DriverLicense/OccupationalLicense.htm to determine if you qualify. You can NOT get an ODL if your license is invalid due to a medical condition, outstanding child support, because you don't qualify for a TX DL, or if you have received two ODLs after a conviction in the past 10 years. 2. Required Decouments You will need to gather the following required documents to include in your filing packet to the court: 1. Petition for ODL. You can find a blank petition at https://texaslawhelp.org/sites/default/files/cv-odl-kit_odl_forms_august_2017final.pdf or you may find a petition that is preferred by the court by searching the court's website. 2. Order for ODL. You can find a blank order at https://texaslawhelp.org/sites/default/files/cv-odl-kit_odl_forms_august_2017final.pdf or you may find a petition that is preferred by the court by searching the court's website. 3. Certified Abstract Driving Record. This can be ordered online at https://txapps.texas.gov/tolapp/txldrcdr/TXDPSLicenseeManager if you have the AUDIT number on the bottom of your current license. If you do NOT have this number, you mist print the form to order by mail. 4. SR22 Insurance. This can be obtained through your current auto insurance carrier or by any other auto insurance company that offers this type of insurance. 5. (If required) Proof of installation of Ignition Interlock Device (IID). If your license is suspended due to an intoxication offense under Penal Code 49.04-.08, then you must have an IID installed in the vehicle. If you have an IID, then you do NOT need to provide proof of items #6-8. 6. Proof of essential need. To get an ODL you must show that you have a need to drive, such as getting to/from work, or school, or for meeting the needs of your children. You can show proof of this need by providing copies of wage stubs, school records, or a written notarized affidavit where you swear the information in the affidavit it true. 7. Proof of your schedule. You can include this information in a written affidavit (notarized), with a letter from your employer, or school. 8. Proof of the counties that you need to drive in. This also can be provided in a statement in the same affidavit, or with verification from your employer or school. 3. File with the Court Depending on the Court where you file your documents, you could have additional required documents that must be completed and included in your filing. Check the clerk's website or contact the clerk's office and ask. These forms may include 1) a civil case information sheet and/or 2) ODL checklist. You can file your petition and documents with a County Court or Justice of the Peace (JP) Court. The location of filing will depend on why your license is suspended. If your license was suspended because of a conviction, you must file in the same court that convicted you. If it is not due to a conviction, you can file in the county or district or JP where you live or where the offense occurred. 4. Judge's Signature Once you have filed your documents, you must determine from the clerk the next steps to get the Judge's signature on your order. Find out if the Judge reviews the orders in chambers and returns them to the clerk in a specific amount of time, or if you have to set a hearing to appear before the Judge in person. Ask how you get your certified copy of the petition and 2 certified copies of the order, and whether or not they mail documents to DPS on your behalf or if you are required to do so. 5. Final Steps to DPS The order is only good for 45 days! Once the Judge grants and signs the order, you must mail the following items to DPS: 1. a certified copy of your petition 2. a certified copy of your order 3. Money order for ODL fee ($10 for 1 year suspension and $20 for 2 year suspension) 4. Money order for reinstatement fees owed 5. a copy of your SR22 insurance Mail documents to: Texas Department of Public Safety Enforcement and Compliance Service P.O. Box 4087 Austin, TX 78773-0320 Do not forget to keep a log of your driving record and a certified copy of the order with you at all times while driving! 6. Success! If you have completed all steps successfully, then DPS will mail you a hard, plastic Occupational Driver's License. If you have not received that license before the 45 days expires after the order is granted, contact DPS immediately! Once you have the ODL, you must still keep a log of your driving history. And do not forget that the ODL is only good during the period of suspension. So if your license is invalid due to other reasons (surcharges, tickets owed, or something else) you will still need to take care of those issues to reinstate your driving privileges once the ODL is no longer valid. Good luck!
Determine Drivers License eligibility status This is a simple step that helps to determine where you're at in the process. The information you'll need to log-in to the system include your Driver License/ ID Number, date of birth and the last 4 digits of your social security number. You can use this information to see the status of surcharges, pay fees and see the status of your license. The link is provided below. Do you have a waiting period before you can become eligible for an Occupational License? There are three levels of waiting periods. To determine which category you fall into, you need to know both the current reason for suspension and prior suspension history. The three levels of waiting periods are as follows: (1) 90 day waiting period. (2) 180 day waiting period. (3) 365 day waiting period. The factors that go into determining which waiting period (if any) applies to your situation is dependent upon any previous ALR Suspension(s) or Conviction Suspension(s) that occurred in the five years preceding the arrest. Typically, these waiting periods apply to intoxication offenses and the suspensions associated with said suspensions. Figure out where to File the Petition You can file a Petition for an Occupational Drivers License in Justice of the Peace Court, County Clerk's office, or the District Clerk's office. There are different filing fees for each court. Factors that determine which court is the best route to take include if there is a criminal case pending/concluded in the matter, whether the suspension is for an intoxication type of offense, and where you live. The fees for filing in each is different, with the Justice of the Peace being significantly less expensive than the County and District Clerk. Typically, the Petition will be filed either in the Clerk's office where there is a pending/resolved criminal charge or in the jurisdiction where you reside. Petition Contents Breaking down the purpose of a Petition versus an Order, the Petition is what you're asking the Court to do and the reasons why, while the Order is what the Court is authorizing/telling you what to do. In a Petition for an Occupational License, you need to explain the "essential need" for the occupational license. For example, this would be the portion where you outline that you have to pick up and drop off kids at school, go to work, attend religious functions, go to the grocery store, and discuss the areas you will be driving in, specifically, the Counties. If you are asking for more than 4 hours of driving time per day, you have to outline the essential need for the extension beyond the 4 hour period. In addition to outlining why you need an Occupational License, you have to swear to it and have it be notarized. With respect to the actual Petition itself, oftentimes you can obtain a copy of a Petition from the Court or Clerk's office where you file Petitions. This can be an invaluable tool in making sure your Petition meets the requirements of the specific Court that you're filing it in. Additional Documentation to file with Petition In addition to the Petition you file, there is a requirement that you include a copy of the Petitioner's Driving Record. The link to where you request that from can be found below. The information you'll need to log-in to the website are the Petitioner's Driver License Number, Date of Birth, Last 4 Digits of their Social Security Number, and the DPS Audit Number found on the Petitioner's Drivers License. Different jurisdictions require different records, but the link provided allows for you to either print your record to provide with your Petition or request a physical copy be mailed to you from DPS. In addition to the Driver's Record, there must be a copy the "Safety Responsibility Form 22." It is otherwise known as an SR-22. To obtain this, contact your insurance agent to see if your policy provides for this. If you can't get an SR-22 from your insurance company, you'll need to call around to other agents. In addition to these Documentary requirements for a Petition for an Occupational License, Courts have discretionary requirements for Proof of Employment, Proof of School Enrollment, Maps, etc. To find out what specific, unique requirements the jurisdiction where you file for an Occupational License, contact the office and ask for any specific requirements. Hearing Each Court is different in their requirements for a hearing, but the primary purposes of the hearing include ensuring all of the proper paperwork has been filed with the case, to examine whether there is an essential need for an Occupational License, and to ensure that all of the specific, unique jurisdictional requirements are met. In some instances, an Attorney for the State of Texas has to be notified of the hearing. It is not a requirement that an Attorney represent the Petitioner. In fact, there is no statutory requirement that a hearing actually occur. It is discretionary with the Courts whether or not to set a hearing. Order for Occupational License The order must specify the hours and days of the week when a person may drive, the reasons why they're driving, areas and/or routes that are being driven, whether an interlock device is required as a condition of the Occupational License, and whether there is a requirement for alcohol or drug testing. After the Court signs the Order, it is the responsibility of the Petitioner to make sure a certified copy of the Order and Petition is forwarded to DPS, along with any fees. The address that said Order and Petition is to be mailed to is: Texas DPS, P.O. Box 15999, Austin, Texas 78761-1599. The fee that must be forwarded to Austin is $10.00 for one year or $20 for a two year order. In the time between when the Certified copy of the Order and Petition are mailed in, the physical, signed copy of the Order serves as your Occupational License, and that is good for 30 days.
Am I eligible for an Occupational License? You are eligible for an occupational license in Texas if your has been suspended for a cause other than a physical or mental disability. It really is that simple. It does not matter whether you have outstanding surcharges, unpaid tickets or 10 DWI convictions. So long as you don't have an active suspension related to a physical or mental disability, then you are eligible. If your license is also revoked or expired, then you will have to handle the revocation or expiration separately. If you have an out of state license, this does not prohibit you from getting a Texas occupational license. With an out of state license, Texas can still suspend your privilege to obtain a Texas driver's license or your nonresident operator's privilege. So getting an occupational license would allow you to obtain these privileges back. Of course, just because you are eligible does not mean that you definitely will receive an occupational license. However, in our practice, denial is extremely rare. You can find out whether your lciense is suspended by visiting the Texas Driver's License Eligibility website. It's in the links below for your convenience. How much does it cost? In order to get the occupational license, you will have to pay the filing fee. This fee varies depending on where you file the petition, but in county courts the filing fee is generally around $250. It is usually less expensive to file in a JP court, but we do not usually recommend filing in JP courts for various reasons. You will also need to obtain an SR-22 certificate. The costs on these vary as well. There are some very important things that you need to know about SR-22 certificates before you purchase one, however. This is a question that does not get asked frequently, but should be. We have provided a link below for you to learn more about SR-22. Most counties require you to obtain a certified abstract of your driving record. This costs $22. We have also provided a link to ordering the driving record online. You will also have to have the petition notarized. We do this for free, but some notaries charge a small fee for this service. After the judge has signed the order, you will need to get two certified copies of the order. Some counties (such as Travis County) charge a small fee for certified copies. This fee is usually around $20. When you mail once copy of the certified order to DPS, you will also need to enclose a check for $10 as the occupational license fee. In addition, you may have to pay a license reinstatement fee. You can find out what your license reinstatement fee is on the license eligiblity website link below. We STRONGLY suggest you hire a lawyer to adivse you on this process and draft all of your paperwork. It will save you much in the way of time and hassle. There are also many costly mistakes you can make and "tricks of the trade" that will help you get the most out of your occupational license. I have seen lawyer fees range between $250 - $1500. How long does it take? There are four steps to get your occupational license. First, draft all of the documents and obtain all of the necessary paperwork. You will need a notarized Petition that meets all of the requirements of the occupational driver's license statute (and the local judge's and clerk's rules), an Order that meets all of the same rules, the SR-22 certificate, the certified abstract (in most counties), and possibly proof of interlock installation and other evidence of your essential driving needs. Some counties require additional paperwork. How long this takes you to put together is entirely up to you (and your attorney). We are able to obtain all of this for our clients in as little as one day. Next, you will need to file all of this. Some counties allow us to e-file everything, so this step is instant. Other counties require filing in person, so that requires a trip to the courthouse. If you are filing on your own, you will have to visit the courthouse. Once the petition has been filed, the court will set a hearing date and time. Some counties will have a hearing on the same date as filing (Dallas County, for example), but other counties will set the hearing date out a week or more in advance. Once you have the hearing and the judge signs the order, you can drive with the occupational license as soon as you get the certified copy from the clerk. However, this paper copy is only good for 45 days. After that, you will need the plastic occupational license from DPS. How many hours can I drive? You can drive for as little as four hours to as many as twelve hours with an occupational driver's license. The judge will make the ultimate determination as to how many hours you will be allowed to drive based on the evidence that you submit regarding your essential needs. Note that there are special requirements in asking for more than four hours, however. You should speak with an attorney regarding these requirements. An essential need, under Texas state law, means a need of a person for the operation of a motor vehicle: (A) in the performance of an occupation or trade or for transportation to and from the place at which the person practices the person's occupation or trade; (B) for transportation to and from an educational facility in which the person is enrolled; or (C) in the performance of essential household duties. However, there are no any time of travel, reason for travel, or location of travel restrictions on interlock occupational licenses. Am I required to have an interlock to get an occupational license? There are two general categories of occupational licenses, interlock occupational driver's licenses and no-interlock licenses. As of September 2015, the law is clear with respect to the circumstances under which an interlock is required as a condition of an occupational license. The only time that an occupational driver's license requires an interlock is if the person's license has been suspended after a conviction of an offense under Sections 49.04-49.08, Penal Code (these are the DWI-related laws). If the license has not been suspended after a DWI-related conviction, then no interlock is required. It is important to note that the interlock restriction only applies to conviction suspensions, not DWI arrest-related suspensions. So if the license has been suspended because of a breath test failure or refusal to give a blood sample, for instance, and there is no conviction to date, then the interlock requirement does not apply.
BAIL Once arrested for a DUI, you will have to spend a couple of hours in jail. Generally, if it is your first DUI, you will be released on your own recognizance, meaning you do not have to post bail. However, in some cases, even if it is your first DUI, you will be required to post bail to get out of jail. For example, in San Diego County, bail is required even in misdemeanor cases. If it is a felony DUI, you will be required to post bail. In either situation, bail can range from low thousands ($2,500) to hundreds of thousands or more ($250,000+) depending on the severity of the case. The severity is based on whether it is a misdemeanor or felony, the number of previous DUI's, the BAC (blood alcohol content), whether there was excessive speed (20-30 mph over the speed limit), and whether there was an accident and/or death. If you get a bail bondsman you will only have to pay a portion of that amount which is usually 10%. However, some attorneys can refer you to a bondsmen that charge a premium as low as 8%. Therefore, contacting the right attorney can help save you some money on the bond. Average Cost: ~$150 - $1,500 TOWING AND IMPOUND At the time of your DUI arrest, your vehicle is usually towed. Depending on when you can retrieve your vehicle, there are impounding fees for each additional day. Average Cost: ~$250 HIRING AN ATTORNEY If you want to hire an attorney, it can cost you anywhere from $2,500 - $5,000 for a misdemeanor DUI. It may be 2-3 times that amount for a felony. Some attorneys will include the DMV hearing, motions and pre-trial appearances in that fee, while others will charge extra. Also, if you want to go to trial, it will cost more money because there are additional costs for experts and investigators, which can be $1000 or more. Average Cost: ~$3,000 DMV HEARING From the moment you are arrested, the officer will take your driver's license away and you will be given a temporary license. You are allowed to drive for 30 days with that temporary license, unless you, or your attorney, schedule a DMV hearing within 10 days of your arrest. Then your temporary license can be extended by a couple of weeks to a couple of months. What people do not realize is DMV hearings can cost you money. First, it is advisable to retain an attorney to represent you at the hearing. While you can represent yourself, there are procedures that an attorney is familiar with, that you may not be. Also, while you can get a public defender when you go to court, often times the DMV hearing is scheduled before you go to court, and before you can request a public defender; therefore, you would need to hire an attorney if you want representation at the DMV hearing. Depending upon the facts of your case, you may want to subpoena a witness or get an expert for the hearing, which will also cost you money. It costs $150 to subpoena a non-CHP officer, maybe more depending on if that officer is going to testify in person rather than telephonically. CHP officers cost a lot more -up to $750 or more- because they charge an hourly rate and forbid telephonic testimony. Also, a process serve will charge about $50 to serve that subpoena. An expert witness may charge around $500-$1000 to testify if necessary. Average Cost: ~$0 - $1,000 COURT COSTS There is a standard penalty for first time DUI's which is 3 years summary probation, a 3 month alcohol program, called AB541, and a $390 fine plus penalty assessments. The penalty assessments vary by court. In Los Angeles County it comes to about $2,000, whereas in Orange County, it is about $2300. If there was an accident, that cost would increase because you would have to pay for damages, referred to as restitution. If you had a high BAC or multiple DUI's, the cost and the length of the alcohol program would increase. For example in Long Beach, the fine for a first time DUI with a high BAC would be about $3,000. Finally, if you want a trial, the court costs would increase as well. Average Cost: ~$2,000 - $3,000 DUI Class For a first time DUI, a 3 month alcohol program is generally required. The cost of the 3 month program is approximately $500. Usually, the cost will be made in payments with $150 up front and the remaining $350 spread out over the 12 weeks. If you had a high BAC or multiple DUI's, you would be required to take a 6,9 or 18 month program which would cost you more. If you had a low BAC, your attorney may be able to negotiate for a Wet Reckless which would be a 12 hour alcohol program and cost you less. Average Cost: ~$500 IGNITION INTERLOCK DEVICE In Los Angeles County, an ignition interlock device (IID) is required for 5 months if you are convicted of a first time DUI. Other counties will require the IID for second or subsequent DUI's. The cost of the IID varies depending on the city you live in and the type of car you have. The approximate cost of an IID is $75 per month plus $75 for installation. But installation can be an additional $40-$125 depending on the make, model and year of your car. For example, if you have a hybrid or keyless ignition car, it can cost about $40 more. If you have a European car, it can cost about $50 more. Average Cost: ~$500 SR-22 An SR-22 is a form that insurance companies require drivers to get if they see the driver as "high-risk". A driver is "high risk" if he was in a car accident while uninsured or has a suspended license either because he was deemed a habitual traffic offender, has been convicted of driving without insurance, or convicted of driving under the influence. If you are convicted of a DUI, you will need to show the DMV proof of an SR-22 before you can get your license back. The first step is to contact your insurance company and tell them you need to file the SR-22 form. Some carriers do not provide SR-22's and you would have to contact an outside agency. Your attorney can help refer you to an insurance agency. You will then fill out the SR-22 form and the Insurance company will send that to the DMV. The filing fee is $25-$50. This fee however, is just the beginning. Your insurance is going to go up as a result of the DUI. (see below) Average Cost: ~$50 AUTO INSURANCE Your insurance will go up because of the DUI and often times it can be 3-5 times your normal rate. The rate your insurance goes up varies depending on your insurance carrier, where you live, your liability limits, your driving record and the car your drive. Also, you will now be classified as a "high-risk" driver and lose any safe or preferred driver discount. Average Cost: ~$3,000-5,000 per year DRIVERS LICENCE Once you start your alcohol program and get an SR-22, you can get a restricted license. After completing the alcohol program, you can get your license back with no restrictions. Either way, you have to pay the DMV a driver's license reissuance fee of $125. Average Cost: ~$125
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