A DUI conviction can have a significant impact on car insurance rates. Insurance companies consider drivers with a DUI conviction high-risk, making them more likely to get into accidents and file insurance claims. As a result, insurance premiums for drivers with a DUI conviction can be much higher than those without one. Insurance companies sometimes cancel or refuse to renew a policy after a DUI conviction. Drivers could be required to purchase a particular type of insurance called SR-22, designed for high-risk drivers, and provide proof of financial responsibility. This insurance is typically more expensive than regular car insurance.

The length of time a DUI conviction affects insurance rates can vary, but typically, it will stay on a driver's record for several years. Drivers should expect to pay higher insurance premiums during this period than without a DUI conviction. Thus, you need to fight DUI charges aggressively.

A conviction could result in fines, a potential jail sentence, and significantly high insurance costs. At the Koenig Law Office, we offer legal services to anyone facing DUI charges in Bakersfield to avoid a possible conviction or have the charges reduced.

Cost of insurance After a DUI Conviction

 Driving under the influence of alcohol or drugs is considered a grave offense by insurance companies. It can cause significant increases in car insurance rates. Drivers with a DUI conviction can see their rates increase by as much as 131%, and repeat DUI offenders could face even higher rate increases. The exact impact on insurance rates varies depending on the following factors:

  • Your insurance provider
  • Your driving record
  • The details of your DUI conviction and other factors.

That is why it is best for drivers with a DUI conviction to shop around and compare auto insurance quotes from multiple companies to find the best rates.

Though a DUI conviction significantly impacts your insurance provider’s decision to increase your premiums, the sentence does not override the individual factors insurance companies consider when determining premium rates. The conviction determines how much your premium rate will go up.

Other factors insurance companies factor in while calculating premiums include the following:

  • Your age
  • Residence
  • Your marital status,
  • Driving experience and history, and
  • Homeowner or renter status.

SR-22 Insurance

 SR-22 is a type of car insurance required for drivers convicted of certain traffic offenses, including DUIs or driving without insurance. SR-22 is not an insurance policy. It is a certificate of insurance filed with the California Department of Motor Vehicles (DMV) by your insurance company.

The SR-22 certificate guarantees your insurance company that you have the minimum liability coverage required by law. This coverage is typically higher than the standard coverage that most drivers have, and it serves as proof of your financial responsibility to the state.

Drivers required to obtain an SR-22 can expect to pay higher insurance premiums than standard car insurance. Insurance companies typically offer SR-22 insurance to high-risk drivers, and to cover the elevated risk, they charge higher premiums.

Drivers who obtain an SR-22 must maintain the coverage for at least three years. If the policy is terminated or not renewed during the SR-22 filing period, the insurance provider must notify the DMV. The DMV could suspend the driver's license after assessing the report.

How to Get SR-22 Insurance  

You must contact an insurance company authorized to provide this type of coverage to secure SR-22 insurance. Not all insurance companies offer SR-22 insurance. So it is best to find one that does.

After finding an insurance company that provides SR-22 insurance, you must furnish them with the requisite details to finalize the SR-22 certificate. This typically includes your name, address, driver's license number, and the date of your conviction or suspension.

The insurance company will then file the SR-22 certificate with the California Department of Motor Vehicles (DMV) on your behalf. Once the DMV receives the certificate, your driver's license can be reinstated. Alternatively, you can apply for a restricted driver's license, depending on the circumstances of your case.

SR-22 will typically set you back $350 a month, plus expenses. However, shopping around and comparing quotes from multiple insurance companies can help you find the best rates.

You must present proof of a minimum auto liability coverage or 15/30/5 coverage. That is:

  • $15,000 bodily injury liability coverage per person
  • $30,000 bodily injury liability coverage per accident
  • $5,000 property damage liability coverage per accident

The 15/30/5 rule provides a cap for bodily injury liability coverage of $30,000 for all individuals injured in an accident, with a limit of $15,000 per person. Additionally, the cap on property damage is set at $5,000.

Non-Owner DUI SR-22 Insurance

 Non-owner SR-22 insurance is specifically designed for drivers who do not own a car but still require liability coverage to meet the state's requirements. It covers damage to other people's property and injuries sustained by others in an accident while driving a borrowed or rented vehicle.

Non-owner SR-22 insurance provides liability coverage for drivers who do not own a car but occasionally drive someone else's vehicle. A typical insurance policy usually includes the same coverage as a standard liability policy, which covers property damage and bodily injury liabilities. However, non-owner SR-22 insurance does not cover damage to the vehicle that you are driving.

Duration Your DUI Conviction Affects Your Insurance Premiums

 A DUI conviction can affect your car insurance rates for several years. A DUI conviction usually stays on your driving record for ten years, starting from the date of your sentence. The length of time a DUI conviction will influence your car insurance rates can differ based on several factors. They include your driving record and the insurance company you use.

Insurance companies review your driving record every three to five years to evaluate your insurance rates. As a result, a DUI conviction could impact your car insurance rates for three to five years after your sentence, even if the conviction is over ten years old.

 You could be eligible for a rate reduction during a review if you have maintained a good driving record since the conviction. Additionally, if you have completed a DUI education program or other requirements ordered by the court, this could also be considered during the review process.

Remember that there is no assurance that your insurance rates will decrease following a policy review. Insurance companies reserve the right to determine the rates per the law and industry regulations.

 This, therefore, introduces the all-important question, “How long should I wait to access regular insurance premium rates?”

Vehicle Code Section 16056 mandates that all drivers carry liability insurance coverage to protect against property damage and injury that could be caused to other drivers in an accident. However, some drivers, like those with DUI convictions, could struggle to obtain affordable insurance coverage from traditional insurance providers. In these cases, brokers can assist DUI defendants in finding the best insurance coverage options. Alternatively, high-risk drivers can apply for liability coverage through the California Automobile Assigned Risk Plan (CAARP). CAARP assists high-risk drivers who cannot secure insurance coverage independently in finding an insurance provider willing to offer them coverage.

The CAARP program matches high-risk drivers with companies willing to insure them. These companies will issue policies to drivers who cannot obtain high-risk or SR-22 coverage after a DUI. You can secure CAARP coverage through any auto insurance agent or broker or by calling 1-800-622-0954.

Reporting a DUI Conviction to Your Insurance Provider

 California law does not require motorists to notify their auto insurance company about DUI arrests or convictions. However, insurance companies could find out about past DUI cases through background checks or self-reporting by the driver. In addition, if an accident occurs due to a DUI, the driver or another party could report it to the insurance company and/or California DMV.

Even if California law does not require reporting DUI arrests or convictions to insurance companies, individual insurance policies could have their reporting requirements. Drivers must review their insurance policies carefully. They must understand what they are required to report to their insurance company. Failure to do so if the driver's insurance policy requires reporting DUI convictions could result in denial of future claims or accusations of insurance fraud if the company later discovers the sentence.

Further, drivers contesting a DUI charge in court do not need to inform their insurer about the arrest or indictment. You should notify your insurance provider if you are convicted of an alcohol-related offense.

Can an Insurance Provider Cancel My Policy After a DUI?

California Insurance Code Section 676.10(b) prohibits insurers from canceling auto insurance policies midterm, including after a DUI. However, policy providers can legally cancel the policy midterm in certain limited circumstances, for example, nonpayment of premiums or fraud.

Insurers can renew the policy at the end of the policy term. They can offer a renewal on different terms, like a higher premium if the individual has a DUI conviction. Additionally, insurance companies must remove the "good driver discount" when renewing policies for DUI drivers, as they no longer meet the eligibility requirements for the discount.

Impact of an Expungement on Insurance Premiums

 An expungement is a legal process that allows a person to have their criminal record cleared or sealed from public access. When a conviction is expunged, it does not entirely disappear. The conviction is considered expunged, implying that it is as if it never happened. As a result, the conviction is typically not visible on most background checks. Therefore, individuals can legally state that they have not been found guilty of the crime in most situations.

Various entities can access expunged records since they are not entirely erased from the record. Some government agencies, law enforcement, and certain employers could have access to the information.

 While expungement can have some benefits, like making it easier to secure a job or rent a property, it typically does not affect past DUI-related insurance rate increases. Insurance companies can access your driving record, even if your DUI conviction is expunged. They can still consider your prior DUI offense as a factor in determining your insurance premiums.

In general, an expungement does not change the lookback period for a DUI conviction. In California, the lookback period is ten years. This means that any DUI conviction that occurred within the past ten years will be considered by insurance companies when determining rates. Even if a DUI conviction is expunged from a person's criminal record, insurance companies could still factor it into their decision during the lookback period.

However, some insurance companies could offer lower rates to individuals who have successfully obtained an expungement, as it demonstrates a commitment to rehabilitation and responsibility.

 DUI Penalties in California

 Driving under the influence of alcohol or drugs violates Vehicle Code Section 23152. The statute outlines various penalties for individuals found guilty of a DUI. The specific sentence depends on a few factors, including:

  • Whether you are a first, second, third, or subsequent offender
  • Your criminal past, specifically if you have prior DUI convictions, and
  • Whether your drunk driving incident caused a crash that caused another person to sustain an injury or he/she died

Here is a look at each offense and the likely penalties if convicted.

     a) First DUI Offense

 You will face DUI charges as a first offender if you do not have any prior DUI convictions within the ten-year lookback period. First-time DUI offenses are misdemeanors. Convictions are punishable by the following penalties:

  • Two days to six months in county jail
  • $390 to $1,000 in fines
  • Mandatory enrollment and attendance of a DUI education program — These education sessions could last from 3 to 9 months, AND
  • Mandatory installation of an Ignition Interlock Device (IID) — The DMV will require that the device remain installed in your car for six months. If not, the DMV will suspend your driver’s license for four months. You will be eligible to apply for a restricted license after 30 days. This will allow you to travel to work or DUI school for five months.

      b) Second DUI Offense

You will face DUI charges as a second-time offender if you have one prior DUI conviction within ten years. Second DUI offenses are misdemeanor violations. Convictions are punishable by the following penalties:

  • 96 hours to a year in county jail
  • $390 to $1,000 in fines
  • Mandatory enrollment and attendance of a DUI education program — These education sessions could last from 18 to 30 months, AND
  • Mandatory installation of an Ignition Interlock Device (IID) — The DMV will require that the device remain installed in your car for one year. If not, the DMV will suspend your driver’s license for two years. You will be eligible to apply for a restricted license, thus, allowing you to travel to work, school, or DUI school for one year.

     c) Third DUI Offense

 A DUI offense becomes a third DUI on your record if you are arrested for a DUI or DUID for the third time within ten years. Third, DUI offenses are misdemeanor violations. Convictions are punishable by the following penalties:

  • 120 days to a year in county jail
  • $390 to $1,000 in fines
  • Mandatory enrollment and attendance of a DUI education program — These education sessions could last from 18 to 30 months, AND
  • Mandatory installation of an Ignition Interlock Device (IID) — The DMV will require that the device remain installed in your car for two years. If not, the DMV will suspend your driver’s license for three years.

     d) Fourth DUI Offense

 A fourth offense is a felony. The crime becomes a fourth DUI on your record if you are arrested for a DUI for the fourth time within ten years. Convictions are punishable by the following penalties:

  • 180 days, 2 to 3 years in state prison
  • $390 to $1,000 in fines
  • Mandatory enrollment and attendance of a DUI education program — These education sessions could last 30 months, AND
  • Mandatory installation of an Ignition Interlock Device (IID) — The DMV will require that the device remain installed in your car for three years. If not, the DMV will revoke your driver’s license for four years.
  • A habitual traffic offender (HTO) status for three years

     e) Fifth DUI Offense

 Fifth-time DUI offenders will receive similar penalties as fourth-time DUI offenders. However, the judge will impose a two-year minimum instead of a 180-day minimum prison sentence.

      f) DUI Causing injury

 DUIs that result in another person sustaining an injury are violations of VC 23153. The offense is a wobbler. That is, you can be convicted on misdemeanor or felony charges.

If convicted of misdemeanor charges, you will likely face the following penalties:

  • Three to five years on summary or misdemeanor probation instead of jail time
  • Up to one year in jail
  • Up to $5,000 in fines
  • Enrollment and completion of a DUI education program
  • A three-year driver’s license suspension, and
  • Restitution to injured victims

If convicted of felony charges, you will likely face the following penalties:

  • Three to five years on formal or felony probation instead of prison time
  • Up to four years in prison
  • Up to $5,000 in fines
  • A strike per the Three Strikes Law
  • A habitual traffic offender (HTO) status for three years
  • Enrollment and completion of a DUI education program
  • A five-year driver’s license revocation, and
  • Restitution to injured victims

     g) Watson Murder or DUI Murder

 Watson murder is a legal doctrine that allows a person to be charged with second-degree murder if:

  • They kill someone while driving under the influence of drugs or alcohol, and they have a prior DUI conviction or
  • He/she was previously warned about the dangers of drunk driving

The doctrine is based on a California case, People v. Watson. The judge held that a defendant who knowingly engages in conduct with a high risk of death or great bodily injury to others and kills someone could be convicted of second-degree murder.

Watson murder attracts second-degree murder penalties upon conviction. The offense is punished by:

  • Imprisonment of 15 years to life
  • A maximum fine of $10,000, and
  • A strike on your record.

Note: Like many other states, California has adopted the Interstate Driver's License Compact. It is an agreement among participating states to share information about specific types of convictions, including DUIs. This means that if a driver is convicted of a DUI in another state, California will likely find out about it. The sentence could enhance penalties for any subsequent DUI offense. Additionally, if a driver's license is suspended or revoked in another state due to a DUI conviction, drivers could also face a suspension or revocation in California.

Motorists under 21 face penalties for driving with a BAC of 0.01% or higher. This is because of California’s zero-tolerance policy for underage drinking and driving. Even a trace amount of alcohol in the bloodstream can result in a driver under 21 being charged with a DUI. Penalties for a first offense can include the following:

  • A driver’s license suspension of one year for a first-time offender was found to have a Blood Alcohol Content (BAC) of .01% to no more than 0.05%. This is under Vehicle Code
  • For drivers found in violation of VC 23140, underage DUI:
  1. A one-year driver’s license suspension
  2. A maximum fine of $100, and
  3. Mandatory attendance in a DUI education program

You violate VC 23140 when you have a BAC of 0.05% to no more than 0.08%.

Find an Experienced DUI Attorney Near Me

 Dealing with a DUI case is challenging. There are various issues to consider. You first need to address the charges and the possible penalties if convicted. Additionally, there are post-conviction outcomes, including obtaining auto insurance coverage. We can help. At the Koenig Law Office, we understand DUI laws.

Additionally, we have the requisite experience you need to navigate through these hurdles. Contact our Bakersfield office today at 661-793-7222 and let us help you with your DUI matter. We will advise you accordingly after our assessment.