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My son had an unrestricted license in one state and no SR 22 - then moved to Virginia. He had a DUI conviction 2/2004 but satisfied all of prior state's requirements. He got a valid VA license (non restricted no SR-22, etc) soon after he moved to VA. Now VA said due to a new law passed 1-1-2008 that he has to turn in his valid non-restricted license and get double insurance until 2/24/2008 - only 1 1/2 months away. Is this right and if so how long does he have to carry the extra insurance and when can he get his unrestricted license back?

Your son will need to contact the Virginia Department of Motor Vehicles for specific answers to your questions, such as when he can get his unrestricted driver's license back. It would appear they have already told him that the double insurance limits will need to be maintained until 2/24/2008.

The law requiring your son to carry more insurance did not pass on 1/1/08 but instead had previously been signed into law by the Commonwealth of Virginia and went into effect as of January 1, 2008. This law requires persons with convictions related to driving while under the influence to have double the minimum automobile liability insurance coverage limits.

The VA DMV states that this new law now requires certain drivers to carry a FR-44, not just the usual SR-22. In Virginia the FR-44 certification is required on or after January 1, 2008 for the following convictions:

  • Maiming while under the influence
  • Driving while under the influence of intoxicants or drugs
  • Driving while the driver's license has been forfeited for a conviction, or finding of not innocent in the case of a juvenile
  • Violation of the provisions of any federal law or law of any other state or any valid local ordinance similar to the above

FR-44 liability insurance coverage limits are double the SR-22 insurance coverage limits:

  • Bodily injury/death of one person $50,000
  • Bodily injury/death of two or more persons $100,000
  • Property damage $40,000

The new FR-44 double minimum coverage requirements apply to customers convicted of the above violations on or after January 1, 2008, as well as customers previously convicted of these violations that are required to file an SR-22 certification beyond December 31, 2008. The VA DMV notes persons required to file proof of insurance beyond December 31, 2007 must obtain the coverage limits indicated above when their current policy is renewed or when their new policy is issued.

The financial responsibility form FR-44 serves as evidence to DMV that above coverages was purchased by the required driver. Individuals are responsible for purchasing the required insurance coverage and having their insurance company file the FR-44 form with DMV. If DMV does not receive the FR-44 when the person's new policy is issued or when the current policy is renewed, the DMV states they will suspend the person's privileges to:

  • Drive
  • Register motor vehicles in Virginia
  • Obtain decals in Virginia.

Again your son will need to contact the Virginia DMV to get more information about his particular situation and what he needs to do to keep his license, but letters were sent our recently for all those now required to carry the new FR-44.

Our website can handle the new requirements when you quote and purchaseĀ online. If you indicate the above infractions and request an SR-22, we will bump your coverage requirements and after you purchase the policy the insurance company will file the FR-44 on your behalf. The onus is on the consumer to verify that they have this coverage if they are mandated by the FR-44:

  • Bodily injury/death of one person $50,000
  • Bodily injury/death of two or more persons $100,000
  • Property damage $40,000
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This car insurance answer was last updated 10:48 AM Jan-09.
This buying a policy question was asked 7:43 PM Jan-04-2008.
Judy C requested this car insurance help from CarInsurance.com experts.
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