The burden is on the Automobile Insurance CARRIER to find out about your DUI Conviction, and I’m advised they usually SPOT CHECK driving records for the last year. If you are asked directly don’t lie. However, if you receive something in the mail from your insurance carrier, many experts suggest that you ignore it. It may fall through the cracks and they may not contact you again…but to be safe ask your attorney.
When arrested for a DUI, the arresting officer takes your license under the “Stop and Snatch Law”, and issues you a Pink Temporary License that is good for 30 days. IF your lawyer requests a DMV hearing and a Stay, within 10 days, your license is good until the results of the hearing.
If you had an Accident with a DUI, please do NOT volunteer info to your insurance company about the DUI. It is their responsibility to find that out. Even if you had a traffic accident the carrier does NOT always know that alcohol was involved. So Silence is Golden and Handcuffs are Silver…but Don’t lie! However, don’t volunteer info.
If you lose the DMV hearing or enter a plea to the court, then in order to get a license to drive, you must file an SR-22 with DMV in addition to paying a reissuance fee and showing proof you have enrolled in the correct DUI class. The SR 22 shows proof of insurance, but don’t file it through your own company.
The SR- 22 is a special document only an insurance company can provide and then file with DMV. It is a “Proof of Insurance” Certificate that guarantees the individual has obtained the required minimum limit of liability coverage mandated by California law.
California requires you keep your insurance and SR-22 in force for 36 months. DUI drivers must file proof of active insurance as a condition to having their license reinstated. They are susceptible to extreme insurance premium increases from their old company.
The unique SR22 filing program from companies we suggest, will reduce the risk of an immediate cost impact to your premium. It helps you avoid being dropped entirely from your existing policy.
If you stop paying for the SR-22 your driver’s license will be suspended automatically. If you drive with your license suspended you could be arrested for a misdemeanor (14601 VC, Driving on a Suspended License) and face jail, fines and lose your car.
You must contact our insurance company before there is a DMV Hearing and/or a Plea/Conviction to the Court; in other words, while your record is still clear. Thus you are getting insured with NON OWNED Vehicle coverage, while you have a clean record without a DUI conviction showing up on your record.
The insurance company insures the DUI driver with a non-owned vehicle policy to drive any vehicle. Thus you can get the SR 22 Proof of Insurance that DMV demands before they issue the new restricted driver’s license. This allows the driver to retain a valid driver’s license. Your worst case scenario is to go to DMV to get a DMV Identification Card that looks like a license.
If it turns out there is no filing and the SR 22 is not needed, then the clients get a 100% refund from this new insurance company. This kicks in if we win the DMV and Court proceedings, which thus determines the DUI driver does not need to file the SR-22. This is the exception rather than the rule.
If/when the DUI driver’s insurance company learns of the DUI, then your new insurance company would take the drivers insurance policy limits info from your old auto policy and write a new policy, using the clean record stats that existed when they initially wrote the non-users policy. They do this because the driver was insured and rated by our company when there was NO DUI on their record. This is true if you contact our suggested company right away.
Suggestion for future article? Call 760-837-7500 or dale@dalegribowlaw.com.
DALE GRIBOW
Representing the Injured and Criminally Accused
“TOP LAWYER” – California’s Prestige Magazine, Palm Springs Life (PI/DUI) 2011-20
“TOP LAWYER” – Inland Empire Magazine 2016- 2019
PERFECT 10.0 AVVO Peer Rating
“DON’T DRINK AND DRIVE OR TEXT AND GET A DUI OR ACCIDENT… CALL A TAXI, LYFT OR UBER….THEY ARE A LOT CHEAPER THAN CALLING ME”
