2023 Colorado law allows for same day license reinstatement for DUI cases

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The state of Colorado has introduced significant changes to its driver’s license revocation policies for DUIs in 2023. Colorado Senate Bill 22-055, which took effect on January 1, 2023, is designed to provide early alcohol monitoring for those who’ve had their driving privileges revoked due to DUI offenses and are seeking reinstatement. The new law allows for reinstatement on the same day the revocation takes effect, provided certain requirements are met.

Old Waiting Period

Under the old law, a person whose license was revoked for a first-time DUI had to wait at least 30 days after the revocation was effective before they could apply for reinstatement. This was a true revocation period with no driving permitted, and mandatory jail if convicted for “Driving Under Restraint.”

New Waiting Period

]The new law’s “waiting period” isn’t really a waiting period at all for most DUI drivers. The law allows for reinstatement as early as the same day the license is revoked. See Colorado Revised Statutes, 42-2-132.5.

Requirements for Early Reinstatement

  • There are certain requirements that must be met to qualify for early reinstatement. These include:
  • Application for Reinstatement with the Colorado DMV,
  • Certification regarding understanding of Colorado DUI laws,
  • Reinstatement fee of $95.00 and any other DMV fees,
  • SR-22 insurance and maintaining it for a required period.
  • Always check with the DMV on your specific requirements. Colorado DMV reinstatement page.

Refusals

In cases where a driver refused to provide a breath or blood sample, the laws are different. Refusals still require a 2-month waiting period and a 2-year period of interlock. There is no early release from the interlock for refusal cases.

Difference Between First and Second Offenders

The length of time that a person’s license is revoked for a DUI depends on whether they have had a previous DUI conviction. For first-time offenders, the license revocation is 9 months. For second or third-time offenders, the license revocation is 1 year. Keep in mind, drivers are still eligible for early reinstatement with an interlock device if all other conditions are met. In the case of drivers with a prior DUI revocation, the interlock period will be 2 years.

Interlock Device Requirements

An interlock device is a device that is installed in a vehicle that prevents the driver from starting the car if their blood alcohol content (BAC) is above a certain level. First-time DUI offenders are required to install an interlock device in their vehicle for a 9-month period. However, Colorado drivers may be eligible for early termination of the interlock period if they have no violations in the first 4 months, and they are not a High BAC offender (see below).

  • Second/third-time DUI offenders are required to install an interlock device in their vehicle for 2 years.
  • High BAC offenders: Even on a first offense, if a person’s BAC was 0.15 or higher, they are required to keep the interlock installed for a full 2-year period. They are not eligible for early termination.

How to Reinstate License in Colorado: Step-by-Step

Step 1 — Confirm Eligibility

  • Make sure the suspension, revocation, cancellation, or denial period has ended.
  • You cannot begin reinstatement until eligibility conditions are met.

    Step 2 — Choose Your Method

    You can reinstate your driving privilege Online, by Mail, or In Person (limited):

    Option A: Reinstate Online

    1. Go to mydmv.colorado.gov.
    2. Check your eligibility date and required documents.
    3. Upload required documents.
    4. Pay the $95 reinstatement fee online.
    5. Follow instructions to complete all requirements.
      • This is usually the fastest way.

    Option B: Reinstate by Mail

    1. Fill out Form DR 2870 (Application for Reinstatement).
    2. Prepare a check or money order for $95 plus any required documents (e.g., proof of insurance, SR-22 form).
    3. Mail everything to the address on the form.
      • Write your name and date of birth clearly on the money order.
    4. Allow up to 20 business days for processing.
    5. You’ll receive a Letter of Clearance in the mail once your reinstatement is approved.

    Option C: Reinstate In Person (Limited)

    Available for certain suspensions at a Full Service Driver License Office:

    1. Bring all required documents.
    2. Pay the $95 reinstatement fee.
    3. Provide proof of compliance depending on your suspension type, such as:
      • Unpaid tickets: Court compliance proof
      • Child support: Child support compliance notice
      • Point suspension: Proof your suspension period is over + current insurance
    4. DMV staff will process your reinstatement.

    Step 3 — After Reinstatement

    • You may need to get a new license, which could require written, eye, or driving tests.
    • Colorado shares suspension and revocation information with all states — you cannot get a new license in another state if your Colorado suspension is active.

    Conclusion

    Colorado’s updated rules reflect a balance between road safety and the opportunity for offenders to drive legally right after a revocation. These changes also give people who have been convicted of a DUI the opportunity to reinstate their driving privileges sooner if they meet all of the requirements.

    It also means that to drive legally, they will have to be subject to alcohol monitoring through an interlock device. If you have been charged with a DUI, speak to a Colorado DUI lawyer that can go over your specific circumstances to see if you are eligible for early reinstatement under the new law.

    author avatar
    Joshua McDowell Attorney
    Joshua J. McDowell, Esq. is the founding attorney of The McDowell Law Firm, LLC in Colorado Springs. A former Deputy District Attorney in El Paso County, Colorado's 4th Judicial District. He brings both prosecutorial and defense experience to his practice, focusing on criminal defense, DUI/DWAI, and personal injury cases. He is a graduate of the University of Colorado-Boulder, School of Law, (J.D. 2003.)

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