Do I need FR-44 insurance after a Florida DUI, and for how long?

FR-44 is the name of the insurance certificate Florida asks for after a DUI conviction. It is not a separate kind of policy: it is the insurer's filing with the Department of Highway Safety and Motor Vehicles (FLHSMV) showing that the driver carries the higher liability limits set by section 324.023, Florida Statutes. Drivers usually meet it for the first time at the license office, when they try to reinstate. This page explains who must carry it, how much, for how long, and what it does not apply to. For the defense of the DUI charge itself, see our main DUI defense page.

How does the FR-44 requirement play out, step by step?

1. The DUI case ends in a finding of guilt or a plea to the DUI charge. That is the trigger in section 324.023. The court also revokes the license, for 180 days to 1 year on a first conviction (s. 322.28(2)(a)1.); longer periods for repeat convictions are on our Florida DUI penalties page.
2. The driver decides when to reinstate. That can be early, through a hardship license, or after the revocation ends. FLHSMV's DUI questions page says the FR-44 is required at reinstatement "whether for a hardship driver license or a full-privilege driver license."
3. The driver buys a policy with the higher limits. The insurer files the FR-44 with FLHSMV. Under section 627.7275(2)(b), a policy written to reinstate after a DUI must be issued for at least 6 months, and the insurer must tell FLHSMV once it is in force.
4. The license is reinstated. FLHSMV also requires the exams, the DUI program and the reinstatement fees listed on our page about the cost of a Florida DUI.
5. The 3-year clock runs. FLHSMV says the driver "must maintain the FR-44 form for three years from the date of reinstatement of their driving privilege."
6. The requirement ends. A driver with no DUI or felony traffic conviction for 3 years from reinstatement "shall be exempt" from section 324.023.

What limits does FR-44 require?

The statute lets a driver meet the requirement with a motor vehicle liability policy or with a certificate of deposit, the two methods in section 324.031(1) and (2). FLHSMV's DUI questions page describes the same coverage and adds that combined single limits of $350,000 are accepted.

Who has to carry FR-44 coverage?

Section 324.023 applies to "every owner or operator of a motor vehicle that is required to be registered in this state, or that is located within this state," who, "regardless of adjudication of guilt, has been found guilty of or entered a plea of guilty or nolo contendere to a charge of driving under the influence under s. 316.193 after October 1, 2007." It reaches operators as well as owners, so it is not limited to people who have a car registered in their name.

What changes the answer?

• Arrest versus conviction. The statute's trigger is a finding of guilt or a guilty or no contest plea on a DUI charge. It does not mention arrests or the administrative suspension that follows one, which has its own rules covered in keeping your license within 10 days of a DUI arrest.
• What the plea is to. The statute names a plea "to a charge of driving under the influence under s. 316.193." Whether a case can end with a plea to a different offense is a separate question, discussed in can a Florida DUI be reduced to reckless driving.
• Withheld adjudication. It makes no difference: the requirement applies "regardless of adjudication of guilt," although a DUI cannot carry a withhold anyway (s. 316.656(1)).
• The date of the conviction. For DUI convictions on or before October 1, 2007, FLHSMV lists a lower requirement: proof of $10,000 per person, $20,000 per occurrence and $10,000 property damage coverage on the arrest date, with a $15 reinstatement fee.
• A new conviction during the 3 years. The exemption is earned only by 3 years without a DUI or felony traffic conviction after reinstatement. What a second DUI brings on its own is covered on our page about repeat DUI offenses.

A worked example

For example, a hypothetical driver is convicted of a first DUI in March, and the court revokes her license for 6 months. She applies for a hardship license in May, buys a policy with $100,000/$300,000/$50,000 limits, and her insurer files the FR-44 before her hearing. Her 3 years start on the date her driving privilege is reinstated for business purposes in May, not on the date of the conviction and not when the revocation would have ended. If she stays free of DUI and felony traffic convictions until May three years later, the statute exempts her from the higher limits from then on. If she had instead waited out the full revocation without driving, her 3 years would have started at that later reinstatement. The example is illustrative only.

Do I need FR-44 for a hardship license?

Yes. FLHSMV's DUI questions page says that at reinstatement for either a hardship license or a full license, the driver must take the required exams, pay the fees and, for a DUI conviction after October 1, 2007, obtain the FR-44 form. A business-purposes license therefore comes with the same insurance step. Waiting periods and the hearing are covered on our page about a hardship license after a Florida DUI.

Can an insurer refuse or cancel the coverage?

Section 627.7275(2) requires insurers writing auto coverage in Florida to make available, "subject to the insurers' usual underwriting restrictions," a policy for a driver reinstating after a DUI suspension or revocation. Once such a policy takes effect, its bodily injury, property damage and personal injury protection limits may not be reduced below the required minimums during the policy period. The same subsection lets the insurer cancel if the named insured, or another driver who lives in the household or customarily drives the insured car, has a license suspended or revoked during the term, and it does not require an offer that would conflict with the insurer's underwriting rules (s. 627.7275(2)(d), (e)).

Letting required coverage lapse has its own consequences. FLHSMV's insurance page warns that failing to keep required coverage "may result in the suspension of your driver license/registration and a requirement to pay a reinstatement fee of up to $500," and that there is no temporary or hardship license for insurance-related suspensions.

Common mistakes people make

• Shopping for FR-44 coverage after the arrest, before anyone knows how the case will end.
• Assuming the 3 years run from the conviction date, when FLHSMV counts them from reinstatement.
• Dropping to ordinary limits early because the policy renewed, which can put the license at risk.
• Cancelling coverage on a car before turning in its plate, which FLHSMV warns against.
• Letting another household driver with a suspended license use the insured car, which can give the insurer a cancellation right under section 627.7275(2)(d).

What to do this week

1. Confirm whether your case has ended in a DUI conviction or plea; if it is still open, FR-44 is not yet required.
2. If you were convicted, find your revocation dates and decide, with your lawyer, whether to seek a hardship license.
3. Ask your insurer, or an agent, whether it writes FR-44 policies, and get the filing in place before your reinstatement date.
4. Mark the reinstatement date on your calendar, and the date three years later.
5. Keep the policy and the FR-44 confirmation with your license paperwork.

Frequently asked questions

Is FR-44 the same as SR-22?

No. FLHSMV describes the SR22 as a filing certifying bodily injury and property damage coverage to meet the reinstatement rules of the Financial Responsibility Law, while FR-44 is the filing its DUI page requires after a DUI conviction, with the much higher limits of section 324.023.

Do I need FR-44 if I do not own a car?

The statute covers "every owner or operator" of a vehicle required to be registered in Florida or located in the state. It does not exempt drivers just because no car is registered in their name.

Does sealing my record end the FR-44 requirement?

No. Sealing concerns the criminal history record, and a DUI conviction cannot be sealed in any case. Our page on whether a DUI can be sealed in Florida explains which outcomes can.

Does the Palm Beach first-time DUI program lead to FR-44?

The program ends, for those who complete it, with a nolle prosequi on the DUI count and a plea to reckless driving. The statute ties FR-44 to a plea or finding on a DUI charge. The program's other terms are on our page about the Palm Beach County first-time DUI program.

How much will FR-44 coverage cost?

The premium is set by the insurance company, not by the state, so no official source gives a figure. The state's own fees and court costs are listed on our page about how much a DUI costs in Florida.

What if my insurer cancels during the 3 years?

A lapse in required coverage can lead to a suspension, according to FLHSMV, and insurers must report cancellations of required coverage to the department. Replacing the coverage before the old policy ends avoids a gap.

How can Mr. Mead help?

Because FR-44 turns on how the DUI charge ends, the insurance question belongs in the defense of the case from the start, not only at the license office. Mr. Mead explains how each possible outcome would affect the license, the insurance requirement and the record. Every case is different, and no result can be promised. For a confidential conversation, call (561) 362-6677, 24 hours a day.

Request a Call Back