Do You Have to Tell Your Insurance Company About a DUI? What to Know

After a DUI, it is tempting to stay quiet and hope your insurer never notices. In practice, insurers almost always find out, and trying to hide a conviction can turn an expensive problem into a much bigger one.

When you are required to disclose a DUI

On a new application. Applications typically ask about accidents, violations and convictions in recent years. You must answer every question truthfully and completely.
When your state requires an SR-22 or FR-44. The insurer files the form, so it has to know why you need it.
When your policy asks you to report changes. Some policies require you to report changes in drivers, license status or other facts during the term. Check your policy wording or ask your agent.
At renewal, if the insurer asks. Answer any renewal questionnaire honestly.

How insurers find out anyway

Insurers order your motor vehicle record from the state when you apply, and typically again when your policy renews. A DUI conviction shows up there, often for years. In California, for example, the DMV says DUI convictions remain on a driver's record for 10 years. A license suspension and an SR-22 requirement are also hard to miss.

What can happen if you hide it

Insurance contracts are based on the information you provide. If you misstate a material fact, meaning something that would have led the insurer to decline you or charge more, the insurer may be able to:

void (rescind) the policy as if it never existed,
deny a claim, leaving you personally responsible for damages, or
charge the higher premium it should have charged from the start.

Courts have upheld rescissions over misstatements about driving history. A Michigan appeals court, for example, explained that an insurer can void a policy for a misrepresentation of a material fact, even an innocent one, when the truth would have led it to reject the risk or charge more. Rules differ from state to state, but the risk is real everywhere.

The worst-case scenario

If you cause a serious crash and your policy is voided because of a hidden DUI, you could be personally responsible for every dollar of the other people's injuries and damage, and you may face new penalties for driving uninsured.

What to do instead

Read your policy and any notice from your insurer to see what you must report and when.
Talk to your agent about your options before your renewal, including any SR-22 requirement.
Get quotes from several insurers, including companies that specialize in high-risk drivers. See how much a DUI raises insurance.
Choose coverage that fits your budget without dropping below what your state or lender requires.
Keep coverage continuous. A lapse after a DUI can lead to a new suspension. See what happens if your SR-22 lapses.

Being upfront won't make a DUI cheap, but it keeps your coverage valid when you need it most. And as the conviction ages, your price should come down; see how long a DUI affects your insurance.

Frequently asked questions

Will my insurer find out about my DUI if I don't tell them?

Very likely. Insurers review your motor vehicle record when you apply and typically when your policy renews. A DUI conviction appears on that record, often for many years.

What happens if I lie about a DUI on an application?

If you misstate a material fact, such as a recent conviction, the insurer may be able to void the policy, deny a claim or charge the premium it should have charged. Courts have allowed insurers to rescind policies over misstatements about driving history.

Do I have to report a DUI arrest before conviction?

Answer exactly what the application or your policy asks. Some forms ask about convictions, others about license suspensions or pending charges. If you are unsure, ask the insurer or your attorney.

Will my insurer cancel me after a DUI?

Mid-term cancellations are usually limited by state law, but many insurers decline to renew drivers with a recent DUI. If that happens, look for an insurer that writes high-risk drivers and files SR-22s.