New Colorado First DUI Revocation Rules in Colorado. What’s the Scoop?

By April 22, 2009DUI / DWAI

By Allen C. Gasper
Senior Partner
The Gasper Law Group

Effective January 1, 2009, the revocation period on first offender DUI cases has changed in the State of Colorado. While the period of revocation of license for blood alcohol content in excess of .08 has increased from a three-month period to a nine-month suspension, the reinstatement process appears to have eased considerably. The following information outlines the revocation and reinstatement rules currently in effect.

REVOCATION: The first episode of driving with a B.A.C. of .08 or greater results in a nine-month revocation.
• The revocation remains in effect until you complete the reinstatement process.

• ALL excess B.A.C. reinstatements are processed by mail. You should begin the reinstatement process approximately one (1) month prior to the month you expect to reinstate.

• If you were 21 or older at the time of the violation and have no other unsatisfied license restraints, you may reinstate after only 1 month of revocation – provided you install an Ignition Interlock Device (Interlock) in every vehicle you own or may drive.

• If your B.A.C. was below 0.17, you reinstate early, drive only an Interlock vehicle and do not have any B.A.C. when you drive, you may be eligible for an unrestricted license after four (4) continuous months of successful driving.

REINSTATEMENT: (9-month revocation): You must
1. provide an SR22 from your insurance company and maintain it for 9-months following reinstatement (3-years if you were involved in an accident);
2. complete an Alcohol Certification, Form DR 2598
3. complete an Application for Reinstatement, DR 2870, and
4. mail the SR22, the Alcohol Certification and the Application along with your personal check or money order for $ 95.00 to the address provided on the Application.


EARLY REINSTATEMENT: (1-month revocation plus 8-month Interlock). In addition to Items 1-4 above, you must maintain SR22 for a minimum of 3 years regardless of whether there was an accident, and
5. have an Interlock installed in every vehicle you either own or may drive (call a provider on the list below for an appointment)

• include the notarized Restricted License Ignition Interlock Agreement Affidavit, (DR2058) and
• include a signed copy of each interlock lease agreement and each installation certificate
HIGH B.A.C.OFFENDER: In addition to Items 1, 3, & 4 ( and 5 – if you reinstate early), if your B.A.C. was 0.17 or higher, regardless of whether you reinstate early, you MUST
6. enroll in and complete Level II Alcohol Education and Therapy

• include the Affidavit of Enrollment, DR 2643. (Omit Item 2 above)

7. have an Interlock restricted license for at least 2 years following reinstatement.

You should expect at least 3 weeks for processing once you mail in your Application with all required documents. Once your Application is process, you will receive a Letter of Clearance. You MUST then apply for a License at any Colorado Driver License Office. For further assistance, contact Driver Services – 303-205-5613
COLORADO’S ONLY AUTHORIZED INTERLOCK PROVIDERS
Draeger 800-332-6858

Guardian 800-499-0994

National 800-475-5490

Smart Start 800-880-3394

While your privilege to drive is Interlock restricted:

• Your Interlock restriction may be extended if – on 3 or more occasions – you drink ANY alcohol before you attempt to drive, even if you drink the night before you attempt to drive.

• Your privilege to drive will be revoked for at least 1 year if, even once, you drive a non-equipped vehicle or try to circumvent or by-pass the Interlock under any circumstance.

FOR MORE INFORMATION OR TO DOWNLOAD ANY FORM LISTED ABOVE, VISIT www.colorado.gov/revenue/dmv