Understanding How a DUI Impacts Your Auto Insurance in Florida
A DUI conviction in Florida carries serious legal penalties, but many people don’t realize the long-term financial consequences that come with it—especially when it comes to auto insurance. Insurance companies view DUI offenses as a significant risk factor, often leading to skyrocketing premiums, policy cancellations, or even difficulties securing coverage.
If you have been arrested for DUI in Florida, it is critical to understand how a conviction will affect your insurance, how long it will remain on your record, and what steps you can take to mitigate the damage.
Florida’s DUI Laws and Their Impact on Insurance
Under Florida Statutes § 316.193, driving under the influence is defined as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol, drugs, or a combination of both.
A DUI conviction in Florida triggers several immediate legal consequences, including:
- Fines ranging from $500 to $5,000, depending on prior offenses.
- License suspension for 6 months to life, depending on the severity of the charge.
- Possible jail time of up to 5 years for felony DUI offenses.
- Mandatory DUI school and potential installation of an ignition interlock device.
Beyond the legal penalties, a DUI also affects your ability to maintain affordable auto insurance, making it one of the most expensive long-term consequences of a conviction.
How a DUI Conviction Affects Insurance Rates in Florida
Insurance companies base their premiums on risk assessment. A driver with a DUI conviction is categorized as high-risk, which results in higher premiums. Here’s how it impacts your insurance:
Premium Increases
After a DUI, insurance premiums can increase by 50% to 300%, depending on the company, your driving history, and whether this is a first-time offense.
For example, if your pre-DUI premium was $1,500 per year, it could jump to $4,500 or more following a conviction.
SR-22 Insurance Requirement
Following a DUI conviction, Florida law requires drivers to obtain SR-22 insurance. This is a form that proves you carry the state’s minimum required coverage.
- The SR-22 must be maintained for three years after a DUI conviction.
- Failure to keep SR-22 coverage results in immediate license suspension.
- SR-22 policies are significantly more expensive than standard coverage.
Policy Cancellation or Non-Renewal
Some insurance companies will cancel your policy outright after a DUI conviction. Florida law allows insurers to deny renewal or cancel coverage if they determine that a driver poses too great a risk.
If your policy is canceled, finding a new provider can be difficult, and coverage options may be limited to high-risk insurance companies that charge significantly higher rates.
Loss of Discounts and Preferred Rates
Drivers with good driving records often receive discounts that lower their premiums. A DUI conviction typically eliminates these discounts, adding hundreds of dollars to the annual cost of coverage.
How Long Will a DUI Affect My Insurance in Florida?
A DUI conviction remains on your driving record for 75 years under Florida law, but its impact on insurance rates varies:
- Short-Term (First 3–5 Years): The most significant increase in premiums occurs immediately after conviction.
- Medium-Term (5–10 Years): Insurance companies still factor in the DUI but may reduce rates if you maintain a clean record.
- Long-Term (10+ Years): Some insurers may no longer consider the DUI when calculating rates, depending on their policies.
Defensive Strategies to Minimize Insurance Consequences After a DUI
A DUI conviction does not mean you are powerless. There are several ways to reduce the impact on your insurance and possibly avoid drastic increases.
Fight the DUI Charge Before Conviction
The best way to avoid insurance increases is to prevent a conviction. If you have been arrested for DUI, challenging the evidence against you may result in a dismissal, reduction, or plea to a lesser charge like reckless driving.
- Challenge the traffic stop if there was no probable cause.
- Dispute field sobriety test results, as they are often unreliable.
- Question the accuracy of breathalyzer or blood test results.
Enroll in a Florida DUI Diversion Program
Some counties in Florida offer diversion programs for first-time DUI offenders. Completing a program may allow you to plead to a lesser charge or avoid a conviction, preventing harsh insurance penalties.
Shop for New Insurance Policies
Not all insurers treat DUI convictions the same way. Some companies impose extreme rate increases, while others offer more reasonable adjustments. Comparing multiple insurance providers may help you find a more affordable option.
Increase Your Deductible
Raising your deductible can help offset premium increases. A higher deductible means you take on more financial risk in the event of an accident, but it can lower your monthly or annual payments.
Take a Defensive Driving Course
Some insurers may reduce your premiums if you complete a state-approved defensive driving course. These courses demonstrate a commitment to safer driving and can help mitigate risk factors.
Florida SR-22 Insurance FAQs
How much will my insurance increase after a DUI in Florida?
Insurance rates typically increase by 50% to 300% after a DUI conviction. The exact amount depends on factors like your insurance provider, driving history, and whether this is your first offense.
Will I lose my insurance if I am convicted of DUI?
Some insurance companies will cancel your policy after a DUI conviction. Others may allow you to keep coverage but at a much higher rate. If your policy is canceled, you will need to find a new provider that accepts high-risk drivers.
What is SR-22 insurance, and why do I need it after a DUI?
SR-22 is a certificate of financial responsibility required for high-risk drivers in Florida. It proves that you carry at least the state’s minimum liability insurance. SR-22 must be maintained for three years following a DUI conviction.
How long does a DUI stay on my driving record in Florida?
A DUI remains on your Florida driving record for 75 years. However, its impact on insurance rates typically lasts between 5 and 10 years, depending on your driving history and insurer policies.
Can I get cheaper insurance after a DUI?
It is possible to find lower rates by shopping around with different insurers. Some companies offer better rates for drivers with DUIs, while others impose extreme penalties. Completing a defensive driving course or raising your deductible may also lower your costs.
Does Florida offer DUI diversion programs?
Yes, some counties offer DUI diversion programs that allow first-time offenders to avoid a conviction by completing probation, DUI school, and other requirements. Completing a diversion program can help minimize insurance penalties.
Can a DUI conviction be removed from my Florida record?
Florida does not allow DUI convictions to be expunged or sealed. The charge will remain on your record permanently. However, pleading to a lesser charge (such as reckless driving) may allow for expungement.
What happens if I don’t get SR-22 insurance after a DUI?
Failing to obtain SR-22 insurance when required can result in an immediate driver’s license suspension. The Florida DHSMV will not reinstate your license until proof of SR-22 is provided.
Will my insurance rates go back down after a DUI?
Over time, your insurance rates may decrease if you maintain a clean driving record. Many insurers reduce rates after 5 to 10 years if no further violations occur.
How can a lawyer help reduce the insurance impact of a DUI?
An experienced DUI lawyer can fight to reduce or dismiss the charges, potentially preventing an insurance rate increase. If a conviction is unavoidable, an attorney may negotiate a plea to reckless driving, which carries fewer insurance consequences.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.