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Under the old law, a person whose license was revoked for a first-time DUI had to wait at least 30 days after the revocation was effective before they could apply for reinstatement.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.
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.