Of all of the drunk driving penalties a conviction for DUI brings to the table, perhaps the most painful and long lasting is the three year hike on your insurance premiums. It has been estimated that the average increase to an insurance premium is 200%-300%. This occurs both becase of a DUI “penalty” levied by the insurance company, as well as because of higher coverage limits that become mandatory if you have a vehicle.

In order to reinstate your Florida driver’s license, you will be required to obtain a FR-44 Form which must be maintained for three years. You obtain the FR-44 form from your auto insurance company. The Florida FR-44 Form is a certificate of continuing financial responsibility showing the limits of your automobile liability insurance that must be kept on file with the Florida DHSMV for three years from the ending date of any revocation. In Florida the FR-44 became required in February 2008. Those convicted of a DUI in FL after October 1, 2007 were allowed to keep an SR-22 with limits of 10/20/10 until February 1, 2008. Effective February 2, 2008, drivers in FL with a DUI were required to up their Liability limits.

The FL FR-44 has higher limits in the amount of 100/300/50. A driver must have these new required Liability limits (instead of the previously lower limits of 10/20/10) in place on the offense date of the alcohol related offense to not owe a reinstatement fee but will still need to provide the state with an FR-44. If they did not have the required limits a driver who had their license reinstated prior to February 2, 2008, only paid a $15 reinstatement fee. The reinstatement fee on or after February 2, 2008, is now $150, $250, or $500 dollars.

The FL HSMV explains these fees as the reinstatement fee on the first suspension after the law change is $150, a second suspension $250 and for a third suspension $500 dollars.

Florida Statute 324.023 is the specific law that speaks about the higher limits and her in part states that:

Every owner or operator of a motor vehicle that is required to be registered in this state, or that is located within this state, and 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, shall, establish and maintain the ability to respond in damages for liability on account of accidents arising out of the use of a motor vehicle in the amount of $100,000 because of bodily injury to, or death of, one person in any one crash and, subject to such limits for one person, in the amount of $300,000 because of bodily injury to, or death of, two or more persons in any one crash and in the amount of $50,000 because of property damage in any one crash.

The HSMV notes that these Bodily Injury Liability (BIL) and Property Damage (PDL) limits do not change for second or subsequent DUI convictions.

Accordingly, withe the FR-44 in Florida if you were convicted of a DUI or other certain alcohol related driving offenses after October 1, 2007 you would be required to carry a FR-44 with limits of 100/300/50. Any SR-22 received during the time period of October 1, 2007 through February 1, 2008, was accepted by the state at the 10/20/10 limit but then the driver and insurance company should have been notified by the FL HSMV reporting process and requirements to be in compliance with section F.S. 324.023. Part of this notification was advising the driver that they would need to replace the SR-22 on file with an FR-44, prior to February 4, 2008.

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