“FR 44” simply refers to form FR 44. The Virginia Department of Motor Vehicles (DMV) will require your insurance company to submit the FR 44. If the form is not submitted, you cannot legally drive in Virginia.

FR 44 ensures that you are insured and that you stay insured with enough liability insurance since you are now considered “high risk.”

Do I have to tell my insurance company I received a DWI?

Yes. The FR 44 ensures that your insurance company knows about your conviction.

I don’t even own a car. Will I have to get FR 44 insurance?

Yes. You will need to get “non-owners FR 44” insurance even though you do not have a car. If you don’t, you will lose your license.

What does the FR 44 require?

FR 44 is a “Certificate of Financial Responsibility” meaning that the insurance company must certify that you carry enough car insurance. The FR 44 requires that you are insured for twice the minimum limits that Virginia sets in Code § 46.2-472. The FR 44 limits are:

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

How long do I have to have FR 44?

The Code (see below) requires you to carry FR 44 for 3 years after your license revocation is over. For a DWI 1st, you would need to have FR 44 for 4 years: 1 year for the time you have a restricted license + 3 years after the revocation is over.

What if I drop my insurance, or my insurance company drops me?

In either case, your insurance company must notify the Virginia Department of Motor Vehicles with form FR 46. You will not be able to legally drive in Virginia.

Is FR 44 insurance expensive?

Yes. But only your insurance company can say how expensive it will be if they continue to insure you.

Without a DWI conviction, increasing your policy limits is usually not very expensive. It is the fact that you received a DWI conviction that makes carrying any insurance expensive. You are now considered “high risk.”

What other convictions require FR 44?

According to Virginia law (see below), FR-44 is required for:

1. Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle.
2. Perjury, the making of a false affidavit to the Department under any law requiring the registration of motor vehicles or regulating their operation on the highways, or the making of a false statement in any application for a driver’s license.
3. Any crime punishable as a felony under the motor vehicle laws or any felony in the commission of which a motor vehicle is used.
4. Maiming while under the influence
5. Driving while under the influence of intoxicants or drugs
6. Driving while the driver’s license has been forfeited for a conviction
7. A finding of “not innocent” in the case of a juvenile for maiming, DWI, or driving after the license is forfeited.
8. For violation of the provisions of any federal law, or law of any other state, or any valid local ordinance of maiming, DWI, or driving after the license is forfeited.
9. Failure of a driver of a motor vehicle, involved in an accident resulting in death or injury to another person, to stop and disclose his identity at the scene of the accident.
10. On a charge of operating or permitting the operation, for the second time, of a passenger automobile for the transportation of passengers for rent or for hire, without having first obtained a license for the privilege as provided in § 46.2-694.

Wrong on the web:

“SR-22 insurance is required in the state of Virginia after a DUI conviction.”
Wrong! SR-22 insurance is no longer used for DUI in Virginia. According to DMV:

SR-22 certification is required for the following convictions:

• Unsatisfied judgements
• Uninsured motor vehicle suspension
• Failure to provide proof of insurance associated with insurance monitoring
• Falsifying insurance certification

Driver license suspension as a result of a conviction for:

• Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle.
• Perjury, making a false affidavit to DMV regarding the registration of motor vehicles, or making a false statement on any driver’s license application.
• Any crime punishable as a felony under the motor vehicle law or any felony in the commission of which a motor vehicle is used.
• Failure of a driver of a motor vehicle, involved in an accident resulting in death or injury to another person, to stop and disclose his identity at the scene of the accident.
• Operating or permitting the operation, for a second time, of a passenger automobile for transportation of passengers for rent or for hire, without a license.

SR-22 liability insurance coverage limits are:

• Bodily injury/death of one person $25,000
• Bodily injury/death of two or more persons $50,000
• Property damage $20,000

What the law says:

§ 46.2-316. Persons convicted or found not innocent of certain offenses; requirement of proof of financial responsibility for certain offenses

A. The Department shall not issue a driver’s license or learner’s permit to any resident or nonresident person while his license or other privilege to drive is suspended or revoked because of his conviction, or finding of not innocent in the case of a juvenile, or forfeiture of bail upon the following charges of offenses committed in violation of either a law of the Commonwealth or a valid local ordinance or of any federal law or law of any other state or any valid local ordinance of any other state:

1. Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle.

2. Perjury, the making of a false affidavit to the Department under any law requiring the registration of motor vehicles or regulating their operation on the highways, or the making of a false statement in any application for a driver’s license.

3. Any crime punishable as a felony under the motor vehicle laws or any felony in the commission of which a motor vehicle is used.

4. Violation of the provisions of § 18.2-51.4, pertaining to maiming while under the influence, § 18.2-266, pertaining to driving while under the influence of intoxicants or drugs, or of § 18.2-272, pertaining to driving while the driver’s license has been forfeited for a conviction, or finding of not innocent in the case of a juvenile, under §§ 18.2-51.4, 18.2-266 or § 18.2-272, or for violation of the provisions of any federal law or law of any other state or any valid local ordinance similar to §§ 18.2-51.4, 18.2-266 or § 18.2-272.

5. Failure of a driver of a motor vehicle, involved in an accident resulting in death or injury to another person, to stop and disclose his identity at the scene of the accident.

6. On a charge of operating or permitting the operation, for the second time, of a passenger automobile for the transportation of passengers for rent or for hire, without having first obtained a license for the privilege as provided in § 46.2-694.

B. Except as provided in subsection C, the Department shall not issue a driver’s license or learner’s permit to any person convicted of a crime mentioned in subsection A of this section for a further period of three years after he otherwise becomes entitled to a license or permit until he proves to the Commissioner his ability to respond in damages as provided in Article 15 (§ 46.2-435 et seq.) of Chapter 3 of this title or any other law of the Commonwealth requiring proof of financial responsibility.

C. In addition to the prohibition on licensure set forth in subsection A, the Department shall not issue or reinstate a driver’s license or learner’s permit to any person convicted of a violation set forth in subdivision A 4 for a period of three years after he otherwise becomes entitled to a license or permit until he furnishes proof of financial responsibility in the future under a motor vehicle liability insurance policy that satisfies the requirements of § 46.2-472 except that the limits of coverage exclusive of interest and costs, with respect to each motor vehicle insured under the policy, shall be not less than double the minimum limits set forth in subdivision 3 of § 46.2-472 for bodily injury or death of one person in any one accident, for bodily injury to or death of two or more persons in any one accident, and for injury to or destruction of property of others in any one accident.

§ 46.2-411. Reinstatement of suspended or revoked license or other privilege to operate or register a motor vehicle; proof of financial responsibility; reinstatement fee

A. The Commissioner may refuse, after a hearing if demanded, to issue to any person whose license has been suspended or revoked any new or renewal license, or to register any motor vehicle in the name of the person, whenever he deems or in case of a hearing finds it necessary for the safety of the public on the highways in the Commonwealth.

B. Before granting or restoring a license or registration to any person whose driver’s license or other privilege to drive motor vehicles or privilege to register a motor vehicle has been revoked or suspended pursuant to § 46.2-389, 46.2-391, 46.2-391.1, or 46.2-417, the Commissioner shall require proof of financial responsibility in the future as provided in Article 15 (§ 46.2-435 et seq.), but no person shall be licensed who may not be licensed under the provisions of §§ 46.2-389 through 46.2-431.

C. Whenever the driver’s license or registration cards, license plates and decals, or other privilege to drive or to register motor vehicles of any resident or nonresident person is suspended or revoked by the Commissioner or by a district court or circuit court pursuant to the provisions of Title 18.2 or this title, or any valid local ordinance, the order of suspension or revocation shall remain in effect and the driver’s license, registration cards, license plates and decals, or other privilege to drive or register motor vehicles shall not be reinstated and no new driver’s license, registration cards, license plates and decals, or other privilege to drive or register motor vehicles shall be issued or granted unless such person, in addition to complying with all other provisions of law, pays to the Commissioner a reinstatement fee of $30. The reinstatement fee shall be increased by $30 whenever such suspension or revocation results from conviction of involuntary manslaughter in violation of § 18.2-36.1; conviction of maiming resulting from driving while intoxicated in violation of § 18.2-51.4; conviction of driving while intoxicated in violation of § 18.2-266 or 46.2-341.24; conviction of driving after illegally consuming alcohol in violation of § 18.2-266.1 or failure to comply with court imposed conditions pursuant to subsection D of § 18.2-271.1; unreasonable refusal to submit to drug or alcohol testing in violation of § 18.2-268.2; conviction of driving while a license, permit or privilege to drive was suspended or revoked in violation of § 46.2-301 or 46.2-341.21; disqualification pursuant to § 46.2-341.20; violation of driver’s license probation pursuant to § 46.2-499; failure to attend a driver improvement clinic pursuant to § 46.2-503 or habitual offender interventions pursuant to former § 46.2-351.1; conviction of eluding police in violation of § 46.2-817; conviction of hit and run in violation of § 46.2-894; conviction of reckless driving in violation of Article 7 (§ 46.2-852 et seq. ) of Chapter 8 of Title 46.2 or a conviction, finding or adjudication under any similar local ordinance, federal law or law of any other state. Five dollars of the additional amount shall be retained by the Department as provided in this section and $25 shall be transferred to the Commonwealth Neurotrauma Initiative Trust Fund established pursuant to Article 12 (§ 51.5-178 et seq.) of Chapter 14 of Title 51.5. When three years have elapsed from the termination date of the order of suspension or revocation and the person has complied with all other provisions of law, the Commissioner may relieve him of paying the reinstatement fee.

D. No reinstatement fee shall be required when the suspension or revocation of license results from the person’s suffering from mental or physical infirmities or disabilities from natural causes not related to the use of self-administered intoxicants or drugs. No reinstatement fee shall be collected from any person whose license is suspended by a court of competent jurisdiction for any reason, other than a cause for mandatory suspension as provided in this title, provided the court ordering the suspension is not required by § 46.2-398 to forward the license to the Department during the suspended period.

E. Except as otherwise provided in this section and § 18.2-271.1, reinstatement fees collected under the provisions of this section shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.

F. Before granting or restoring a license or registration to any person whose driver’s license or other privilege to drive motor vehicles or privilege to register a motor vehicle has been revoked or suspended, the Commissioner shall collect from such person, in addition to all other fees provided for in this section, an additional fee of $40. The Commissioner shall pay all fees collected pursuant to this subsection into the Trauma Center Fund, created pursuant to § 18.2-270.01, for the purpose of defraying the costs of providing emergency medical care to victims of automobile accidents attributable to alcohol or drug use.

G. Whenever any person is required to pay a reinstatement fee pursuant to subsection C or pursuant to subsection E of § 18.2-271.1 and such person has more than one suspension or revocation on his record for which reinstatement is required, then such person shall be required to pay one reinstatement fee, the amount of which shall equal the full reinstatement fee attributable to the one of his revocations or suspensions that would trigger the highest reinstatement fee, plus an additional $5 fee for administrative costs associated with compliance for each additional suspension or revocation. Fees collected pursuant to this subsection shall be set aside as a special fund to be used to meet the expenses of the Department.

§ 46.2-472. Coverage of owner’s policy

Every motor vehicle owner’s policy shall:

1. Designate by explicit description or by appropriate reference, all motor vehicles with respect to which coverage is intended to be granted.
2. Insure as insured the person named and any other person using or responsible for the use of the motor vehicle or motor vehicles with the permission of the named insured.
3. Insure the insured or other person against loss from any liability imposed by law for damages, including damages for care and loss of services, because of bodily injury to or death of any person, and injury to or destruction of property caused by accident and arising out of the ownership, use, or operation of such motor vehicle or motor vehicles within the Commonwealth, any other state in the United States, or Canada, subject to a limit exclusive of interest and costs, with respect to each motor vehicle, of $25,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of $50,000 because of bodily injury to or death of two or more persons in any one accident, and to a limit of $20,000 because of injury to or destruction of property of others in any one accident.