Liability Insurance After a DUI or DWI

Liability insurance pays for injuries and property damage you cause to others in an at-fault accident. After a DUI in Florida or Virginia, you're required to carry liability limits far higher than the state minimum — 100/300/50 in Florida, 50/100/40 in Virginia — and prove it with FR-44 filing before your license can be reinstated.

Police officer holding breathalyzer test device near woman driver during roadside sobriety check

Updated April 2026

What Is Liability Insurance Insurance?

Liability insurance covers damage you cause to other people and their property when you're at fault in an accident. It has two components: bodily injury liability pays for medical bills, lost wages, and legal fees if you injure someone; property damage liability covers repairs to vehicles, buildings, or other property you damage. Your own injuries and vehicle damage are never covered by liability insurance — that requires collision, comprehensive, or medical payments coverage. FR-44 filers must carry liability limits substantially higher than what most drivers buy, and maintain continuous coverage for three years without lapses.
  • You fail to stop at a red light and rear-end another vehicle. The other driver has $18,000 in medical bills and $6,500 in vehicle damage. Your bodily injury liability pays the $18,000 medical claim, and your property damage liability covers the $6,500 repair bill. Your own vehicle damage and any injuries you sustain are not covered — you'll pay those out of pocket unless you carry collision coverage and medical payments or PIP.
  • You lose control on a wet road and hit two parked cars, causing $9,000 in combined damage. Your property damage liability covers both repairs up to your policy limit. Florida FR-44 requires $50,000 in property damage coverage, so this claim is fully covered. If you had only carried the pre-DUI Florida minimum of $10,000, you'd owe $9,000 out of pocket after a $10,000 limit was exhausted — but FR-44 filing requires you to maintain the higher minimums for three years.
  • You cause an accident where the other driver sustains $140,000 in medical expenses and files a lawsuit. If you carry Florida's FR-44 minimum of $100,000 per person in bodily injury liability, your insurer pays the first $100,000 and defends you in court, but you're personally liable for the remaining $40,000. This is why some FR-44 filers carry limits higher than the state minimum — 250/500/100 or more — particularly if they own a home or have significant assets a judgment could attach to.

How Much Does Liability Insurance Insurance Cost?

FR-44 liability insurance typically costs $150–$350/mo ($1,800–$4,200/yr) for Florida filers and $120–$280/mo ($1,440–$3,360/yr) for Virginia filers, compared to $80–$150/mo for standard liability coverage before a DUI conviction.
  • DUI conviction severity and BAC level at arrest — higher BAC results in surcharges that can increase premiums by 40–60% over the FR-44 base rate
  • Age and gender — male drivers under 30 with a DUI pay significantly more than drivers over 40 with the same conviction
  • Liability limits chosen — increasing from Florida's 100/300/50 minimum to 250/500/100 adds approximately $30–$60/mo but provides substantially more protection in high-damage claims
  • Prior insurance lapses — even a single lapse after your DUI conviction can result in non-renewal or rate increases of 20–35% when you reapply
  • Vehicle type and use — high-performance vehicles or commercial use without proper endorsements can result in denial of FR-44 coverage altogether
  • Defensive driving course completion — some carriers reduce liability premiums by 5–10% for FR-44 filers who complete state-approved DUI education programs

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Who Needs Liability Insurance Insurance?

FR-44 liability insurance is legally required for all Florida and Virginia drivers seeking license reinstatement after a DUI or DWI conviction. You cannot regain driving privileges without maintaining the state-mandated liability minimums and continuous FR-44 filing for three years. Even if you don't own a vehicle, you must carry non-owner FR-44 liability coverage to satisfy the DMV requirement — driving without it results in immediate license suspension and possible criminal charges for driving on a suspended license.
Your only decision is whether to carry the state minimum liability limits or purchase higher limits for additional protection. If you own a home, have significant savings, or caused injuries in your DUI arrest, consider 250/500/100 or higher — the additional $30–$60/mo premium is substantially less than the financial risk of a judgment exceeding your policy limits. If you don't own a vehicle, non-owner FR-44 policies provide the required liability coverage at $80–$180/mo, roughly 40% less than standard FR-44 policies that include a specific vehicle.

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