What Happens to My Car Insurance after a DUI in Virginia?

You’ll still be able to get car insurance in Virginia after a DUI, but you’ll need to file an FR-44 through your provider—and it won’t be cheap!
Written by Drew Waterstreet
Reviewed by Pat Roache
background
Virginia requires drivers with a DUI conviction (or DWI) to hold
FR-44 insurance
, which will exponentially raise your rates.
Virginia is one of the only states that don’t technically require minimum liability insurance. You have the option to pay an uninsured motor vehicle fee of $500 and opt out of the otherwise mandated car insurance requirements. You should appropriately evaluate the risk of opting to drive without insurance coverage.
However, you’ll lose this option if you break
Virginia DUI laws
. If you want to regain your driving privileges, you must hold FR-44 insurance. Let’s explain what an FR-44 is and how it impacts your
car insurance
after a DUI in Virginia.

Can you get car insurance in Virginia after a DUI conviction?

You will be able to get car insurance in Virginia after a DUI charge by applying to file an FR-44 with the policy.
An FR-44 is reserved for drivers with severe infractions on their records, like a DUI offense. A separate but similar document called
SR-22 insurance
is required after more minor traffic violations, like excessive speeding citations or failure to show
proof of insurance
.
FR-44 insurance technically isn’t insurance, but it is a document that proves you have a car insurance policy with a 50/100/40
liability coverage
plan ($50,000
bodily injury liability
per person, $100,000 bodily injury liability per accident, and $40,000
property damage liability
per accident). Your insurance company will immediately notify the state of a lapse if you drop your coverage with an FR-44 filed.
And it’s worth mentioning that this is more than
Virginia’s car insurance laws
require. Most drivers only need to buy a 30/60/20 coverage plan or pay an annual $500 no-insurance fee. The requirements are nearly doubled for FR-44 holders since a history of DUI charges increases your risk when on the road.
This coverage increase is designed to protect Virginia’s responsible and safe drivers. Because even if a
high-risk driver
causes a drunk driving accident, the victims will at least be able to
file an insurance claim
for significant reparations through the at-fault high-risk driver's increased liability coverage.
You are typically required to hold FR-44 insurance for three years after serving your license suspension after a DUI, or four years if you wish to apply for a restricted driver’s license. If you ever have a
lapse in coverage
, your car insurance provider will automatically report it to the department of motor vehicles (DMV).
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Virginia’s DUI laws and penalties

Virginia uses both
DUI and DWI
in their legal code: DUI for alcohol-related impaired driving offenses and DWI for drugs. Here are the legal substance limits that could net you a DUI or DWI if exceeded behind the wheel of a vehicle in Virginia:
DUI blood-alcohol level (BAC):
  • 0.08% or higher for drivers over 21
  • 0.02% or higher for drivers under 21
DWI blood concentrations per liter:
  • 0.02 milligrams of cocaine
  • 0.1 milligrams of methamphetamine
  • 0.02 milligrams of phencyclidine (PCP)
Here’s a quick preview of the penalties you’ll be facing if convicted:
Penalty
First offense
Second offense
Third offense
Fine
$250 to $2,500
$500 to $2,500
$1,000 to $2,500
Jail time
Up to 12 months
10 days to 12 months
90 days to 5 years
License suspension
One year
Three years
Indefinitely
Ignition interlock device
Minimum of six months if requesting a restricted license
Minimum of six months
Minimum of six months
FR-44 requirement
Yes
Yes
Yes
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How much does auto insurance in Virginia cost after a DUI?

Virginia DUI offenders may pay two to three times more for insurance premiums than drivers with
clean driving records
.
Auto insurance companies lose money when they have to file car accident claim reports. So the less likely you are to cause an accident, the cheaper your insurance premiums should be.
With that in mind, providers charge higher premiums for anyone with a DUI conviction to offset their own assumed risk and put more financial responsibility on your shoulders. And there’s really no way to avoid these rate hikes as long as you need FR-44 insurance—until then, you might as well have “high-risk driver” stamped on your forehead.

Best car insurance companies for Virginia drivers with a DUI

It’s nearly impossible to avoid a rate hike after a DUI conviction that requires FR-44 insurance. Some companies won’t even offer you a car insurance quote—they just aren’t willing to take on the risk.
However, providers like
State Farm
,
Travelers
, and
Progressive
are more likely to help you get back on the straight and narrow. Their quotes will still be expensive, but you may be able to find a low enough quote to reinstate your driving privileges by shopping around.
MORE: How to get car insurance with a bad driving record
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FAQs

A DUI or DWI will stay on your driving record for 11 years in Virginia, limiting your access to
cheap car insurance.
However, it will remain on your criminal record forever. This can impact your ability to qualify for specific jobs and may lead to increased punishments for future offenses.
It depends, but there’s a good chance your
insurance claim will be denied
. The insurer will try to do this by arguing that you intentionally put yourself in a position to cause an accident. You chose to drink, and you chose to drive.
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