If an individual has been charged with driving while intoxicated (DWI or DUI) in Dallas, they can face serious criminal penalties if convicted, such as jail sentences or fines. Anyone who is convicted of a DWI offense in Texas can face additional penalties that can have lasting effects, such as license suspensions, surcharges, ignition interlock requirements, and a requirement to file a Form SR-22 / Vehicle Insurance Certificate for several years. The SR-22 demonstrates financial responsibility after a crash, certain convictions, or judgments against a driver and can increase the cost of motor vehicle insurance.
Texas DWI is not the only type of offense that can result in a requirement to file an SR-22 form. Some of the other common reasons can include:
- If the driver has a conviction related to driving safety responsibility
- If the driver has any unsatisfied judgments
- If the driver has had their license suspended or revoked
- If the driver has been charged with an offense after driving without valid insurance, and/or
- If the driver has received an administrative license suspension.
SR-22 Insurance Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
If you have been charged with a DWI and you are required to file an SR-22 insurance form in Dallas, or any of the surrounding areas in Texas, attorney Richard McConathy will help you fight your SR-22 filing requirements or help you reinstate your license or apply for an occupational driver’s license.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.
Form SR-22 Insurance Certificate in Dallas
If an individual is convicted of a DWI in Dallas, they are required to file and maintain an SR-22 insurance certificate with the Texas Department of Public Safety (TxDPS). Anyone whose driving privileges have been suspended or revoked is required to file this certificate for a period of two years from the date of their conviction in Texas.
The most common reasons in Texas a driver is required to file an SR-22 is if they have been convicted of driving while intoxicated or drunk driving or if they have received an administrative driver’s license suspension for refusing to take a blood or breath alcohol test or failing to pass an intoxication test.
The SR-22 form is a certificate of motor vehicle liability insurance that shows the TxDPS that the driver has sufficient insurance coverage for the state’s minimum required liability insurance. The driver’s insurance company is required to send this form to the TxDPS certifying the driver has coverage and must notify the TxDPS any time the policy is canceled, terminated, or lapses.
This high-risk auto insurance policy is separate from an insurance card and is required to be on a driver who has been convicted of a DWI offense in Dallas. Any driver who is required to file an SR-22 cannot simply show they have insurance coverage in place of the SR-22; they must have a copy of the SR-22 form with them at all times.
If an individual has been convicted of a DWI, they do not have to own a motor vehicle to have the insurance coverage required for an SR-22 form. There are three types of SR-22 insurance certificates in Texas:
- SR-22 Operator’s Certificate – This type of SR-22 covers a driver for operating any vehicle they do not own, but have permission to drive.
- SR-22 Owner’s Certificate – This type of SR-22 covers the insured for driving any vehicle they own.
- SR-22 Owner-Operator’s Certificate – This type of SR-22 covers the insured to operate any vehicles they own and any vehicles they do not own, but have been given permission to drive.
If the individual has their license suspended as a result of a DWI or administrative license suspension and wants to reinstate their license or apply for an occupational driver’s license before their license can be reinstated, they are required to file the SR-22 Form. In order to reinstate a license after a DWI conviction or administrative license suspension, the cost can be $100 or more.
Safety Responsibility Laws in Texas
According to the Texas Transportation Code § 601.339, every individual who has been convicted of a DWI offense or any offense involving the operation of a motor vehicle without a driver’s license, suspension of the driver’s license, or operation of an unregistered motor vehicle is required to file and maintain evidence of financial responsibility with the TxDPS. If any driver who has been convicted of an offense does not submit evidence of financial responsibility, their license cannot be issued or reinstated and they cannot register their car.
Under Tex. Transp. Code § 601.340, an individual who has had their license suspended or revoked cannot register their vehicle unless they file and maintain evidence of financial responsibility.
Failure to Keep Form SR-22 Insurance in Dallas
If the driver’s SR-22 insurance policy lapses, is terminated, or is canceled, their insurance carrier is required to report the lapse to the TxDPS who will likely immediately suspend the driver’s occupational license or reinstated driver’s license, in addition to possible suspension of their vehicle registration.
In addition to the license suspension and vehicle registration revocation, a driver can face additional charges for criminal penalties. Some of the most common criminal offenses they may face are:
Driving While License Suspended – Tex. Transp. Code § 521.457 – An individual can be charged with this offense if they operate a motor vehicle without a valid license or with a license that has been suspended or revoked. This offense is typically punishable as a Class C, B or A misdemeanor and can result in a jail sentence and/or fines.
Driving Without Valid Insurance – Tex. Transp. Code § 601.051 – An individual can be charged with this offense if they operate a motor vehicle in Texas without motor vehicle liability insurance or some other proof of financial responsibility. This offense is punishable by a fine of up to $500 and/or a jail sentence of up to 90 days.
Vehicle Insurance Requirements in Dallas
Anyone who has been convicted of a DWI in Texas is required to have minimum liability vehicle insurance coverage in Texas. The minimum insurance coverage amount required in Texas for bodily injury or death to a person involved an accident is $25,000. The minimum insurance coverage in Texas for death or bodily injury to two or more persons is $50,000 and the minimum insurance coverage for damage or destruction to property while driving is $25,000.
Dallas Resources for SR-22 Insurance
Texas Department of Public Safety – Form SR-22 Insurance – This link is to the Texas Department of Public Safety’s (TxDPS) information on the Form SR-22 Insurance Certificate. This site provides information on insurance requirements and situations when the SR-22 Form is required. A Dallas TxDPS office is located at:
1500 Marilla 1B SouthCity of Dallas Building
Dallas, Texas 75201
Phone: (214) 651-1859
Texas Transportation Code – This link is to Chapter 601 of the Texas Transportation Code, which is also called the Motor Vehicle Safety Responsibility Act. This chapter outlines the requirements to maintain auto insurance in Texas, or proof of financial responsibility, requirements to file an SR-22 after certain convictions and license suspension, and the penalties for failing to maintain car insurance.
Find A Dallas County Defense Attorney for DWI Vehicle Insurance | Law Offices of Richard C. McConathy
Contact [firm] today for a consultation about your requirement to file an SR-22 Form throughout Dallas County in Texas. Richard McConathy is an experienced Dallas driving while an intoxicated lawyer who can walk you through SR-22 insurance requirements and do all he can to try to get your driver’s license back after a DWI offense or refusal to submit to alcohol testing.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.