If you were arrested for DUI in Tampa, the insurance consequence usually lands after the court case is over, when you try to reinstate your license and learn your policy must be rewritten at far higher limits. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, a member of the National College for DUI Defense, and a former police academy instructor. Over more than 25 years in Hillsborough County courtrooms, our attorneys have defended DUI cases with the license, the insurance, and the record in mind from the first day.

What Is FR44 Insurance in Florida?

FR44 is not a separate kind of insurance. It is a certificate of financial responsibility that your insurance company files with FLHSMV to prove your auto policy meets the higher limits Florida requires after a DUI. Without that filing on record, FLHSMV will not reinstate your driving privilege after a DUI suspension or revocation.

The requirement comes from section 324.023, Florida Statutes. It applies to every owner or operator who, “regardless of adjudication of guilt, has been found guilty of or entered a plea of guilty or nolo contendere to a charge of driving under the influence under s. 316.193 after October 1, 2007.” Our Tampa DUI lawyer page explains how we defend the underlying charge that triggers it.

What Are the FR44 Insurance Requirements in Florida?

FR44 requires liability limits of $100,000 for bodily injury or death of one person, $300,000 for bodily injury or death of two or more people, and $50,000 for property damage, in any one crash. These are the limits written into section 324.023. A driver who chooses a certificate of deposit instead of an insurance policy must deposit at least $350,000.

The SR-22 limits come from the definition of “proof of financial responsibility” in section 324.021(7), Florida Statutes. The FR44 limits are five to fifteen times higher, which is why the premium increase after a DUI is usually far larger than after an ordinary suspension.

Does a Withhold of Adjudication Avoid FR44 in Florida?

No. Section 324.023 applies “regardless of adjudication of guilt,” and in a DUI case a withhold is not available anyway. Section 316.656(1), Florida Statutes, says that “no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193.”

Florida courts enforce that rule strictly. In State v. Rowell, 669 So. 2d 1089 (Fla. 2d DCA 1996), Robert Rowell entered an open guilty plea to DUI and driving while his license was suspended, and the trial judge withheld adjudication on the DUI and placed him on five years of drug offender probation. The Second District Court of Appeal reversed, holding that the statute’s requirement “is mandatory, and a court cannot circumvent it,” and sent the case back for the judge to adjudicate Rowell guilty.

The practical point is simple. Once a DUI plea is entered, adjudication and the FR44 requirement follow. Any chance to avoid FR44 comes from the outcome of the criminal case itself.

How Long Do You Need FR44 Insurance in Florida?

You must carry the FR44 limits for a minimum of 3 years. Section 324.023 also provides an exemption once a driver “has not been convicted of driving under the influence or a felony traffic offense for a period of 3 years from the date of reinstatement of driving privileges” for the DUI.

FLHSMV’s own instructions to insurers, issued when the law took effect, describe the same rule. Its Financial Responsibility bulletin of December 19, 2007 states that DUI cases “will require the increased limits of 100k/300k/50k in order to reinstate,” that the FR44 “must be maintained for 3 years,” and that the requirement applies only to convictions after October 1, 2007. The bulletin also explains that insurers report an FR44 cancellation to the department on a separate form, called an FR-46.

What Happens If Your FR44 or SR-22 Insurance Lapses?

A lapse lets FLHSMV suspend your license and registration again. Under section 324.0221, Florida Statutes, insurers must report a cancellation or nonrenewal to the department within 10 days, and the department must suspend the license and registration, after notice and an opportunity to be heard, when required coverage is not in effect.

To fix a lapse, you generally must buy a qualifying policy, have the insurer file a new certificate, and pay a reinstatement fee. Section 324.071, Florida Statutes, sets a $15 reinstatement fee for many financial responsibility suspensions, and FLHSMV’s 2007 bulletin listed higher fees of $150, $250, or $500 for FR44 cases where the driver lacked the required limits. Driving during a suspension creates a new criminal charge, so our attorneys at The Brancato Law Firm tell clients to keep proof of every renewal.

What Is SR-22 Insurance in Florida, and When Is It Required?

An SR-22 is a certificate your insurer files with FLHSMV proving you carry at least the standard 10/20/10 liability limits after certain suspensions. It is not tied to DUI. The most common triggers are a crash while uninsured and a license revocation for a listed conviction.

• A crash without required insurance. Under section 324.051, Florida Statutes, the department suspends the license and registrations of an uninsured operator or owner involved in a reportable crash, and that suspension lasts up to 3 years unless reinstated under chapter 324.
• A mandatory revocation. Under section 322.26, Florida Statutes, FLHSMV must revoke a license after convictions such as a felony in which a motor vehicle was used, failure to stop and render aid after a crash with injury or death, or three reckless driving convictions within 12 months.
• Other suspensions under chapter 324. Section 324.072 requires proof of financial responsibility before a license or registration suspended under sections 322.26 or 322.27 can be restored.

Our Tampa criminal traffic lawyer page covers the traffic charges that most often lead to SR-22 filings, including driving while license suspended and reckless driving.

How Many DUI Crashes and Arrests Happen in Florida?

Florida recorded 6,026 impaired-driving crashes and 969 impaired-driving fatalities in 2023, according to FLHSMV’s Impaired Driving Education Campaign report (January 2025). Those crash numbers drive the policy behind FR44: the Legislature wants drivers with a DUI to carry enough coverage to compensate the people they may injure.

Locally, Hillsborough County law enforcement agencies made 2,808 DUI arrests in 2020, the most recent county-level year in FDLE’s Uniform Crime Report arrest tables. Every one of those arrests that ends in a DUI plea or verdict produces an FR44 requirement for the driver.

How Can You Avoid FR44 Insurance After a DUI Arrest in Tampa?

You avoid FR44 only by avoiding a guilty finding or a guilty or no contest plea to DUI. These are the outcomes our attorneys work toward, depending on the evidence:

1. Suppression of the stop or the evidence. A stop without reasonable suspicion, or an arrest without probable cause, can lead to suppression of the breath test, the field sobriety exercises, and the officer’s observations.
2. Challenging the breath or blood test. Breath instrument maintenance records, the 20-minute observation period, and blood-draw procedures are common grounds for excluding results.
3. A plea to a non-DUI offense. Section 324.023 is triggered by a DUI plea. A reduction to reckless driving under section 316.192 does not trigger FR44, although section 316.656(2) bars a lesser plea when a breath or blood test shows 0.15 or higher.
4. Dismissal or acquittal. A case that is dropped or tried to a not guilty verdict carries no FR44 requirement.

Each option depends on the facts, and none can be promised. In Hillsborough County, misdemeanor DUI cases are prosecuted in county court by the State Attorney’s Office for the 13th Judicial Circuit, and our Hillsborough County criminal defense attorney page explains how those cases move through the courthouse. If marijuana or another drug is alleged, our guide Can You Get a DUI for Marijuana in Florida? covers the added issues.

Frequently Asked Questions About FR44 and SR-22 Insurance in Florida

Do I need FR44 insurance if I don’t own a car in Florida?

The FR44 requirement attaches to the driver, so a person who wants a license reinstated after a DUI still needs an insurer to file the certificate, often through a policy that covers driving vehicles you do not own. The Brancato Law Firm can explain how the requirement fits your reinstatement timeline; ask your insurer which policy types it will file an FR44 on.

Does a DUI reduced to reckless driving require FR44 insurance in Florida?

No, section 324.023 applies only to a finding of guilt or a guilty or no contest plea to DUI under section 316.193. Our attorneys at The Brancato Law Firm negotiate reductions where the evidence supports them, which is why the breath test result and section 316.656(2) matter so much in plea talks; see our DUI defense page.

How long does a DUI stay on my FR44 record in Florida?

The FR44 limits must be carried for at least 3 years, and the driver becomes exempt after 3 years from reinstatement without another DUI or felony traffic conviction. The Brancato Law Firm reminds clients that a lapse during that period can trigger a new suspension.

Can I switch from FR44 back to regular insurance in Florida?

Yes, once the 3-year requirement is met and no new DUI or felony traffic conviction has occurred. Our attorneys at The Brancato Law Firm suggest confirming with FLHSMV that the requirement has ended before reducing coverage, since dropping limits early can lead to suspension.

Is SR-22 required after a DUI in Florida?

No, Florida requires an FR44 for a DUI conviction after October 1, 2007, and FLHSMV’s 2007 bulletin explains that the FR44 replaced the SR-22 for those cases. The Brancato Law Firm sees SR-22 filings far more often in suspended-license and uninsured-crash cases, which our criminal traffic defense attorneys handle.

Can a lawyer help me avoid FR44 insurance after a DUI arrest in Tampa?

Yes, if the case ends without a DUI plea or verdict, because FR44 is triggered only by the DUI outcome. The Brancato Law Firm reviews the stop, the arrest, and the test results in every DUI case for suppression issues before any plea is discussed.

Talk to a Tampa DUI Defense Attorney About Your License and Insurance

The administrative clock on a DUI arrest starts immediately: the driver has only 10 days from the date the notice of suspension is issued, usually the day of arrest, to request review of the administrative suspension under section 322.2615, Florida Statutes, and the criminal case decides whether the FR44 requirement follows. Our attorneys at The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will review the stop, the test results, and your options. Call (813) 727-7159; you can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

For more about our defense strategies, visit our Tampa DUI Lawyer page. If the stop involved a police chase or a suspended license, our guide Is Fleeing and Eluding a Felony in Florida? explains those related charges.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.