We recently heard from a reader who’s dealing with something a lot of families quietly worry about. And here’s what they asked:
“My son lives in Florida. He was stopped twice for DUI while he was in North Carolina, but he hasn’t been convicted of either one. Both cases are still pending. How does he insure his car and what will liability-only coverage cost him?”
This situation is stressful for both the driver and the family. Court dates could be weeks or months away, but the insurance company won’t wait for a verdict. On top of that, there’s the worry that no insurer will cover him in the future.
The short answer is that pending DUI charges don’t automatically prevent someone from getting car insurance. Because the cases haven’t been resolved, insurers generally treat them differently from DUI convictions. However, coverage options, pricing and future insurance requirements can change significantly depending on how the court cases are resolved.
Can you get car insurance with pending DUI charges?
Yes, you can typically get car insurance with pending DUI charges. Since a DUI arrest isn’t a conviction, insurers will not treat it the same way they would a DUI conviction. In most cases, insurers base rates and eligibility on your driving record and a pending charge may not appear as a conviction until the court case is resolved.
Whether you can get coverage depends on the insurance company’s rules and your overall driving history. If your record is clean except for the pending charges, some insurers may keep your coverage or offer a new policy at regular rates. Others might see the charges as a higher risk and could raise your premiums or limit your options.
If you are convicted of a DUI, your insurance situation can change a lot. A conviction usually means higher premiums, fewer choices for insurers, and, in Florida (and Virginia), you may need to file an FR-44, which requires more liability coverage than the state minimum.
Do you have to tell your insurer about pending charges?
Usually, you do not have to tell your car insurance company about pending DUI charges unless they ask you directly. When you apply for insurance, you are expected to provide accurate details about your driving record, license status and any convictions. Since a pending charge is not a conviction, you may not need to mention it unless the application asks about pending legal issues or arrests.
If the application does ask, answer truthfully. A false answer can give the insurer grounds to deny a claim or cancel your policy later.
How to insure a car with pending DUI charges in Florida
Standard auto insurance
If you don’t have any convictions, most major insurance companies will still offer you standard rates. These rates are based on your age, ZIP code, vehicle and your Florida driving record.
If you already have car insurance, your best option is to keep it active. Letting your coverage lapse makes you look riskier to insurers, no matter what happens in court. Paying for the full term up front or setting up automatic payments can help you avoid missing a payment and losing coverage when you need it most.
It’s important to know how long your current policy can protect you. In Florida, after your policy has been active for 60 days, your insurer can only cancel it mid-term for certain reasons, such as a suspended license. If a conviction leads to a license suspension, your policy could end early. If your license isn’t suspended, the conviction will probably affect your policy at renewal, either through a higher rate or a notice that your policy won’t be renewed.
High-risk insurance options
Some insurers offer coverage specifically to drivers with DUIs, coverage gaps, or suspended licenses. Their rates are higher, but they will cover drivers that standard companies reject. These insurers are also the ones most likely to file the FR-44 certificate required by Florida after a DUI conviction.
You might not need high-risk insurance right away. It usually makes sense in these situations:
- Standard insurers decline to offer a policy.
- Your current insurer refuses to renew your coverage.
- You need an FR-44 filing after a DUI conviction.
An independent insurance agent can help because many work with several high-risk carriers and can help you compare your options. If no company will insure you, Florida has a last-resort option called the Florida Automobile Joint Underwriting Association. This program is for drivers who cannot find coverage through regular companies.
How to find affordable insurance if you have pending charges
- Before you apply for insurance, use FLHSMV’s free online tool to check your Florida license status.
- Make sure your current insurance stays active. If you can, pay in full or set up autopay to avoid any gaps.
- Get quotes from three to five different insurance companies, including both standard and nonstandard options, while your record is still clear.
- Be honest and accurate when filling out applications, especially about any pending violations or open court cases.
- Check with each insurer to see if they can file an FR-44 in Florida. This can help you avoid switching companies later on.
How much does liability-only car insurance cost in Florida?
In Florida, liability-only coverage (50/100/50) costs $1,635 per year, or $136 each month. The state minimum coverage averages $1,228 per year, based on CarInsurance.com’s data analysis.
Florida’s insurance rules differ from those of most other states. The minimum required is $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL), but there is no requirement for bodily injury liability. This means a liability-only policy in Florida still includes PIP.
If you have pending DUI charges, your insurance rates usually do not change. However, if you are convicted, you will need higher coverage limits and will have to pay a surcharge.
How a DUI conviction could affect future premiums
If you get a DUI conviction, you will need more liability coverage and your insurance will cost more.
If you’re convicted of a DUI, you’ll likely need an FR-44; confirm with FLHSMV, especially since these charges came from another state. An FR-44 shows you have at least $100,000 per person and $300,000 per accident for injuries, plus $50,000 for property damage. Florida doesn’t normally require injury liability at all, so this is a big jump from a basic PIP/PDL policy. After a DUI, the cheapest liability policy is no longer the 50/100/50 option. Most people need to keep FR-44 coverage for three years.
In Florida, the FR-44 is used for DUI convictions. The SR-22, which is used for DUIs in many other states, is only for other violations in Florida, like driving without insurance. Insurers treat a DUI as one of the most serious violations on a driving record and price it accordingly.
Multiple DUI convictions often lead to substantially higher premiums: Having two DUI convictions makes things more expensive. If you get a second DUI, you could lose your license for a longer time, have to use an ignition interlock device and spend several years paying higher insurance rates because fewer companies will want to insure you.
A DUI will stay on your Florida driving record for 75 years. Most insurance companies look at the last three to five years when setting your rates, but some check further back for DUIs. Your rates usually go up the most in the first few years, but they may go down if you keep your record clean after that.
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Final thoughts
A pending DUI creates uncertainty because the legal outcome has not yet been determined. While you cannot control the outcome, you can choose how ready you are when the court makes its decision.
The court’s decision will guide your next steps:
- If your case is dismissed or you are acquitted, your record does not change and you can keep your current insurance policy.
- If the charge is reduced to something like reckless driving, your insurance rate may go up at renewal, but not as much as it would for a DUI. However, the charge will still appear on your record.
- If you’re convicted, contact your insurer right away about filing an FR-44. In Florida, your license won’t be reinstated until the required filing is done.
Once the case is resolved, compare rates again. Insurance companies don’t all treat DUI offenses the same way, which can lead to significant differences in premiums.
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