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Drivers License Reinstatement After DUI

The information on reinstatement of a driver’s license with the Colorado Department of Revenue, Department of Motor Vehicles (DMV) after a DUI, DWAI, drunk driving charge below is provided as a convenience for people that are attempting to get his/her driver’s license reinstated.  The DMV process below is not legal advice and cannot be deemed legal advice.  Because the laws for DUI, DWAI, or any related drinking and driving offense change on a regular basis, a person charged with DUI, DWAI or any related drinking and driving offense is strongly encourage to research the laws through the Colorado Statutes / Colorado laws for any changes or hire a DUI attorney / DUI lawyer that is familiar with the laws of Colorado.  The Law Offices of Clifton Black, P.C., LLC has 4 attorneys that provide criminal defense for drinking and driving related offenses, also known as DUI, DWAI, DWI, drunk driving, driving under the influence of alcohol, driving under the influence of drugs, or both alcohol and drugs.  This law firm provides free consultations for persons with criminal charges under Colorado law.

REINSTATEMENT OF A DRIVER’S LICENSE AFTER A DUI, DWAI, DRUNK DRIVING REVOCATION / SUSPENSION (Adult Driver)

Persons above the age of 18 who are pulled over (after 1/1/2009) with a blood alcohol content (BAC) of .08 or more (1st stop) and charged with DUI may call Driver Services at 303-205-5613 to confirm the specific requirements for reinstating reinstatement their driver’s license.  A driver’s first occurrence of drunk driving with a BAC of .08 or greater and charged with DUI, faces a 9-month revocation which stays in effect until the driver completes the reinstatement requirements and procedures.  All reinstatements caused by a DUI, DWAI, drunk driving, driving under the influence of alcohol or drugs are processed by mail.  The driver should start the process to reinstate his/her driver’s license generally 1 month before the driver is eligible for reinstatement of his/her driver’s license.  If the driver was 21 years old or older at the time of the violation, is a Colorado resident, and has no other license restraints, the driver may reinstate after only 1 month of revocation as long as they install an Ignition Interlock Device (IID or “Interlock”) in every vehicle the driver owns or drives.  If the driver’s BAC was below a .17, reinstates early, drives only an Interlock vehicle and never has a BAC while operating a vehicle, the driver may be entitled to qualify for an unrestricted license after 4 consecutive months of driving with an IID without any problems.

Reinstatement of a restricted free driver’s license (after a 9-month revocation) requires the driver providing an SR22 from their insurance company and maintains the SR22 for 9 months following reinstatement (3 years if an accident occurred), fulfilling an Alcohol Certification (Form DR2598), and effecting an Application for Reinstatement (DR2870).  The driver must mail the SR22, the Alcohol Certification and the Application along with a personal check or money order for $95.00 to the address provided on the Application.  Early Reinstatement necessitates the driver to maintain SR22 for a minimum of 3 years irrespective of whether an accident occurred and have an Interlock installed in every vehicle the driver owns or may drive.  The driver must include the notarized Restricted License Ignition Interlock Agreement Affidavit (DR2058), and include a signed copy of each interlock lease agreement and of each installation certificate.

Persons with a BAC that was .17 or higher, regardless of reinstating early, must also enroll in and complete Level II Alcohol Education and Therapy, include the Affidavit of Enrollment (DR 2643) (in lieu of Alcohol Certification, Form DR2898) and have an Interlock restricted license for at least 2 years after their driver’s license is reinstated.

Colorado only has 4 authorized interlock providers.   The approved interlock providers are Draeger, Guardian, National and Smart Start.  Contact information for the ratified providers are as follows:  Draeger (800-332-6858, www.draeger.com); Guardian (800-499-0994, www.guardianinterlock.com); National (800-475-5490, www.nationalinterlock.com) and Smart Start (800-880-3394, www.smartstartinc.com)

Approximately 3 weeks after DMV receives the driver’s Application with ALL required documents, DMV will send the driver what is known as a  “Letter of Clearance.”  The driver MUSTthen apply for a driver’s license at any Colorado Driver License Office.  Only after DMV has issued the driver a new driver’s license is it legal for that driver to drive.  If the driver has any questions or concerns about the legality of their driving status, the driver may call Driver Services at 303-205-5613.

Persons stopped with BAC of .08 or more (2nd stop) and charged with DUI are subject to a revocation of their driver’s license for one year.  Reinstatement requirements include Application for Reinstatement (DR2870) form, $95.00 reinstatement fee (check/money order payable to the Department of Revenue), SR22 for three years from date of reinstatement, Level II alcohol education and therapy course is required as well as two year Ignition Interlock requirement.  A new driver’s license must be obtained by taking the eye, written and driver’s test.

Persons stopped with BAC of .08 or more (3rd subsequent stop) and charged with DUI are subject to a revocation for two years for third or subsequent offenses in a lifetime.  Reinstatement requirements include an Application for Reinstatement (DR2870) form, $95.00 reinstatement fee (check//money order payable to the Department of Revenue), SR22 for three years from date of reinstatement, Level II alcohol education and therapy course is required as well as two year Ignition Interlock requirement.  A new license must be obtained by taking the eye, written and driver’s test.

Persons who refuse a chemical test for either drugs or alcohol and are charged with DUI, DWAI, drunk driving, are subject to a revocation for one year for a first time refusal.  Driver’s license reinstatement requirements involve Application for Reinstatement (DR2870) form, $95.00 reinstatement fee (check/money order payable to the Department of Revenue), SR22 for one year from date of reinstatement if there are no other alcohol convictions or revocations and no accident was involved, SR22 for three years from date of reinstatement if there was a prior alcohol violation or if there was an accident.  Certification (DR2598) form must be completed.  A new driver’s license must be obtained by taking the eye, written and driver’s test.

Persons who refuse a chemical test for drugs or alcohol for a second offense are subject to a  revocation of their driver’s license for 2 years.  The driver is permitted to ask for the privilege of early reinstatement after one year under revocation.  The driver is then eligible for a restricted license with interlock for time remaining on the total restraint, or one year, whichever is longer.

Driver’s License reinstatement requirements involve Application for Reinstatement (DR2870) form, $95.00 reinstatement fee (check/money order payable to the Department of Revenue), SR22 for three years from date of reinstatement and a Certification (DR2598) form, all of which must be completed when mailed to DMV.  In addition to the above requirements a certificate of installation of interlock device and a signed lease agreement on all vehicles on which the driver’s name appears on the registration and any other vehicle the driver may drive, and a copy of the Ignition Interlock Agreement Affidavit (DR 2058).  Lease agreement must cover the remainder of the restraint period or 1 year, whichever is longer.  A new driver’s license must be obtained by taking the eye, written and driver’s test.

Persons who refuse a chemical test for either drugs or alcohol for a third or subsequent offense and are charged for DUI, DWAI or drunk driving are subject to a 3 year revocation period.  The driver may ask DMV to reinstate their driving privileges after one year under revocation and are then eligible for a restricted license with interlock for time remaining on the total restraint, or one year, whichever is longer.

Reinstatement requirements include Application for Reinstatement (DR2870) form, $95.00 reinstatement fee (check/money order payable to the Department of Revenue), SR22 for three years from date of reinstatement and a Certification (DR2598) form must be completed.  Besides the above requirements, a certificate of installation of interlock device and a signed lease agreement on all vehicles on which the driver’s name appears on the registration and any other vehicle the driver may drive, known as an Ignition Interlock Agreement Affidavit (DR 2058), must be submitted to DMV.  Lease agreement must cover the remainder of the restraint period or 1 year, whichever is longer.  A new license must be obtained by taking the eye, written and driver’s test.

When a person receives two alcohol violations in a 5 year period a restraint is taken and the revocation may be ordered for a period of one year.  Reinstatement requirements include Application for Reinstatement (DR2870) form, $95.00 reinstatement fee (check/money order payable to the Department of Revenue), SR22 for three years from date of reinstatement and Level II alcohol education and therapy course.  In addition to the above requirements the Ignition Interlock Device must be installed if one alcohol offense occurred on or after 7/1/2000.

The driver must provide a Certificate of Installation, a signed lease agreement on all vehicles on which the driver’s name appears on the registration and any other vehicle the driver may drive, and Ignition Interlock Agreement Affidavit (DR 2058.) The driver must hold a restricted license for at least one year prior to applying for a regular driver license.  If the offense requiring the license restriction occurred on or after July 1, 2004 the interlock requirement and restricted license is required by DMV for (2) years.  A restricted license must be obtained by taking the eye, written and driver’s test in an interlock vehicle.

When a person receives three or more alcohol, DUI, drunk driving violations over their life, DMV may revoke the driver’s license for 2 years.  In order to apply for reinstatement, the driver will be required to submit an Application for Reinstatement (DR2870) form, $95.00 reinstatement fee (check/money order payable to the Department of Revenue), SR22 for three years from date of reinstatement and Level II alcohol education and therapy course.  In addition to the above requirements, the Ignition Interlock Device must be installed if one alcohol offense occurred on or after 7/1/2000.

The driver must provide a Certificate of Installation, a signed lease agreement on all vehicles on which the driver’s name appears on the registration and any other vehicle the driver may drive, and Ignition Interlock Agreement Affidavit (DR 2058). The driver must hold a restricted license for at least one year prior to applying for a regular driver license.  If the offense requiring the offense restriction occurred on or after July 1, 2004 the interlock requirement and restricted license are required by DMV (2) years.  A restricted driver’s license must be obtained by taking the eye, written and driver’s test in an interlock vehicle.

 

REINSTATEMENT OF A DRIVER’S LICENSE AFTER A DUI, DWAI, DRUNK DRIVING REVOCATION / SUSPENSION (Under 21 Driver)

Persons under 21 years old,  if found operating a motor vehicle with an alcohol content of blood or breath shown to be .02 but less than .08, and charged with DUI or other drinking and driving offense will be revoked: 1st – 3 months; 2nd – 6 months; 3rd or more – 1 year.  Requirements for reinstatement for an underage 21 driver alcohol stop with BAC .02 but less than .08 require an Application for Reinstatement (DR2870) form, $95.00 reinstatement fee (check/money order payable to the Department of Revenue), Evidence of Insurance and Certificate (DR2598) completed form.

A new license for first time offenders may be obtained without testing.  Requirements for reinstatement for 2nd and 3rd time offenders also include an SR22 requirement for 6 months (2nd) or 1 year (3rd) from the date of reinstatement.  A new license must be obtained by taking the eye, written and driver’s test.

Persons under 21 years old who are convicted in court of drinking and driving, or operating a motor vehicle with an alcohol content of blood or breath shown to be .02 but less than .05 will be revoked: 1st – 3 months, 2nd – 6 months, 3rd or more – 1 year.  Reinstatement requirements for 1st time offenders include Application for Reinstatement (DR2870) form, $95.00 reinstatement fee (check/money order payable to the Department of Revenue), Evidence of Insurance and Level 1 alcohol education course.  2nd and 3rd time offenders are also required to carry SR22 for 6 months (2nd) or 1 year (3rd) from the date of reinstatement as well as completing a Level II alcohol education course.

Persons under 21 years old who are convicted for alcohol/drug use while driving (either DUI or DWAI) will have their driver’s license revoked for one year.  Reinstatement requirements include Application for Reinstatement (DR2870) form, $95.00 reinstatement fee (check/money order payable to the Department of Revenue), SR22 for one year unless involved in an accident – then three years required and Level 1 alcohol education course is required.  A new license must be obtained by taking the eye, written and driver’s test.

Persons under 21 years old who are convicted for driving under the influence of a controlled substance (DUI D) or while a habitual user of such a controlled substance will be revoked for one year.  Reinstatement requirements include Application for Reinstatement (DR2870) form, $95.00 reinstatement fee (check/money order payable to the Department of Revenue) and SR22 for 3 years from the date of reinstatement.  A new license must be obtained by taking the eye, written and driver’s test.

Persons under 21 years old who are convicted of a non-driving related alcohol offense such as buying alcohol, possessing alcohol or consuming alcohol while under the age of 21 will have their driver’s license revoked (1st conviction – 3 month restraint, 2nd conviction – 6 month restraint and 3rd or more convictions – one year restraint).  Reinstatement requirements include Application for Reinstatement (DR2870) form and a $95.00 reinstatement fee (check/money order payable to the Department of Revenue).  A new license must be obtained by taking the eye, written and drive test.

Law Offices of Clifton Black, P.C.