The Financial Impact of a DUI Conviction and How FR-44 Insurance Changes Everything
I have spoken with countless people across Florida who are shocked to learn that a DUI conviction carries consequences well beyond fines, probation, or license suspension. One of the most lasting effects is the dramatic change to your car insurance. In many cases, a DUI will cause rates to jump for years and force you to obtain a special type of coverage called FR-44.
If you’re facing a DUI, you’re probably worried about how it will affect your record, your driving privileges, and your finances. I can tell you from experience that the insurance fallout is one of the biggest hidden costs of a conviction. The good news is that in many cases, these consequences can be avoided with the right defense approach.
What FR-44 Coverage Means in Florida
Florida law requires more than just standard insurance after a DUI conviction. Florida Statute § 324.023 makes it clear:
“Upon conviction of a person for DUI under s. 316.193, the court shall require the person to provide proof of financial responsibility for bodily injury liability in the amount of $100,000 per person and $300,000 per occurrence, and $50,000 for property damage liability.”
That proof comes in the form of an FR-44 certificate. Your insurer files this document with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to confirm that you’re carrying these higher limits.
This is not a small change. If you were carrying the state’s minimum coverage before, FR-44 requires ten times that amount. That increase alone drives up your premium. On top of that, you now have a DUI on your record, which tells the insurance company you’re a higher risk.
How Insurance Companies Respond to a DUI
Once your insurer learns about a DUI conviction, they reevaluate your risk profile. Many companies raise premiums by 100 to 300 percent, and some will choose not to renew your policy at all. If you’re dropped, you may have to buy coverage from a company that deals exclusively with high-risk drivers, and those rates are often even higher.
Florida’s FR-44 requirement stays in place for three years from the date your driving privileges are reinstated. If your coverage lapses at any point during those three years, your license can be suspended again, and the clock may reset, forcing you to start the period over.
This is one of the reasons I fight so hard to keep clients from being convicted in the first place. Avoiding the DUI conviction usually means avoiding the FR-44 requirement entirely.
The DUI Law Behind FR-44
The law that defines DUI in Florida is Florida Statute § 316.193:
“A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.”
A conviction under this statute is what triggers the FR-44 requirement under § 324.023. That means if we can get the charge reduced to something else—like reckless driving under § 316.192—the FR-44 requirement does not apply.
Defenses That Can Help You Avoid FR-44
Not every DUI arrest leads to a conviction, and not every DUI case is as strong as the prosecutor claims. Common defense strategies include:
- Challenging the stop – Police must have a valid reason to pull you over. If they did not, any evidence gathered afterward may be thrown out.
- Questioning the breath test – Florida’s rules for breath testing are strict. If the equipment was not maintained or operated correctly, results may be excluded.
- Medical explanations – Certain health conditions can produce falsely high readings or mimic signs of impairment.
- Unreliable field sobriety tests – Weather, lighting, surface conditions, or an officer’s improper instructions can undermine the reliability of these tests.
A public defender may not have the time or resources to investigate every angle. As a private attorney, I dig into every part of the stop, the testing process, and the state’s handling of the evidence.
How One Client Avoided FR-44 Coverage
One client came to me after being arrested in Tampa. The officer claimed she was weaving and had her take a breath test that registered 0.09. She was terrified—not just about the criminal penalties but about losing her insurance and paying for FR-44 coverage.
I reviewed the dashcam footage and saw heavy rain during the stop. Her so-called weaving was simply her avoiding puddles. I also uncovered records showing the breath machine had calibration problems in the weeks before her test.
After I challenged the legality of the stop and the reliability of the breath results, the prosecutor agreed to reduce the charge to careless driving. She kept her license, avoided FR-44, and her insurance stayed the same.
Why It’s Critical to Have a Private DUI Attorney
Once a DUI conviction is entered, the FR-44 requirement is automatic. There’s no way to talk an insurance company out of it. The only way to avoid it is to prevent the conviction or have the charge reduced.
An experienced private attorney can:
- Analyze the stop for constitutional issues
- Challenge breath, blood, or urine test results
- Negotiate for a charge that does not trigger FR-44
- Present your case in court if necessary
Hiring the right attorney quickly is key. The earlier you start building your defense, the more options you have.
FAQs on DUI, FR-44, and Insurance in Florida
Will I have to get FR-44 coverage if I’m convicted of DUI?
Yes. Florida Statute § 324.023 requires increased liability limits after a DUI conviction, proven through an FR-44 filing. There is no exception unless the conviction is avoided or the charge is reduced.
How long does FR-44 last?
You must keep FR-44 coverage for three years from the date your driving privileges are reinstated. If you let the policy lapse, your license can be suspended, and the requirement may start over.
Can my insurer cancel my policy after a DUI?
Yes. Many companies either raise rates drastically or refuse to renew coverage. This can force you to switch to a high-risk carrier.
Will my rates go back to normal after FR-44 ends?
They may drop, but a DUI stays on your Florida driving record for 75 years. That means insurers can continue to factor it into your premiums long after the FR-44 period.
Can I avoid FR-44 by refusing a breath test?
No. If you refuse the test but are still convicted of DUI, you must still get FR-44 coverage.
How much more will FR-44 cost?
Rates vary, but it’s common to see premiums double or triple because of the higher coverage limits and the DUI conviction.
Does a reckless driving plea require FR-44?
No. If we can get your charge reduced to reckless driving without alcohol-related findings, FR-44 is not required.
Can an out-of-state DUI trigger FR-44 in Florida?
If Florida treats the out-of-state offense as a DUI under its own laws, the FR-44 requirement will likely apply.
Why hire a DUI lawyer early?
The sooner you have an attorney, the more opportunities there are to challenge the case and avoid a conviction that triggers FR-44.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced DUI defense attorneys in Florida dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.