Question:

Can my car insurance company take action on a DUI without a conviction?

by  |  earlier

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I was stopped for a DUI, but have not yet been convicted since the court process takes forever... Well I would like to buy a new car, and it looks like my insurance company will check my record at that time. I have just checked out my record myself, and it shows that I have had my license suspended for 6 month for DUI, but it does not say that I have been convicted of the DUI. I have reason to believe that the charges will be dropped.

Can they raise my rates or drop me at this point? Without a conviction?

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8 ANSWERS


  1. Sorry to be the bearer of bad news, but they can raise your rates for a DUI without a conviction.  Why?  Simple:  You can't be ticketed for DUI unless the police give you a field sobriety test and a blood, breath, or urine test.  Because of this, the insurance company has a reasonable presumption that a driver ticketed for DUI did commit the offense, and almost all car insurance policies have fine print that talks about raising your rates or dropping you if you get ticketed (not convicted) for DUI.  That's a loophole they have of nailing people for DUI even if the driver is not convicted.


  2. No.  

  3. Give sarge 10 points, he has it correct.

  4. THEY CAN ONLY RAISE YOUR RATES IF YOU ARE CONVICTED !!  YOU'RE NOT GUILTY OF ANYTHING UNLESS THE COURT SAYS OTHERWISE. IF THEY WERE TO DROP THE CASE OR YOU WERE TO WIN IT, YOU'VE OPENED YOUR MOUTH AND THEY WILL CHECK ON YOU ALL TIME . VIA THE DMV...

    SAY NOTHING TILL YOUR CASE IS SETTLED !!!!  IT IS AGAINST THE LAW TO USE ANYTHING AGAINST YOU UNTILL YOU'RE PROVEN GUILTY !!! NO IFS ANDS OR BUTTS ABOUT IT !

  5. is your license suspended now? Was there a previous DUI conviction? Something isn't adding up but if there is DUI and 6 six suspension on your record then it was proces already.

    insurance can do whatever they feel like.

  6. They can't raise your rates if you don't have a conviction. A conviction is basically you pleading guilty to the charge brought upon you. An infraction won't show on your record until you plead guilty to it, or if you failed to appear on the infraction. However, if you live in California, they can charge you for that suspension on your record. In order for you to qualify for the Good Driver Discount you need to have :

    - No more than one point on your DMV printout in 3 years

    - Have your license uninterrupted in the last 3 years.

    Unfortunately, a suspension is considered an interruption on your license, so you will lose the GDD. You will also need an SR-22 (but that's unrelated to your question). Based on what you wrote, it sounds like you live in California, for I've seen DMV printouts similar to what you wrote. Eventually if you plead guilty to the DUI the insurance company will raise your rates. It's only a matter of time.

    EDIT: Just because the police arrest you for DUI doesn't mean you're automatically guilty. People can still fight their cases. The cops don't determine your guilt, it's the COURT OF LAW! Remember, INNOCENT UNTIL PROVEN GUILTY!

  7. Nope

  8. nope i think they will still raise (assuming they dont know u were convicted of dui) gl

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