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Colorado DUI Laws 2011 Getting My Driver’s License Back (Reinstatement) After Revocation Due to Excess Blood Alcohol Level

Often in my practice of defending Colorado DUI cases – I am asked – how do I drive again if my driver’s license has been revoked because of a Blood Alcohol Level (BAC) of 0.08 or more -(but less than 0.170)

First – write down the phone number for Colorado’s Driver’s Services – 303-205-5613.

Second: Here is what you need to know to reinstate your driver’s license on a FIRST OFFENSE for a blood alcohol level of 0.08 (BAC) – ( AND BELOW – HIGH BAC CASES- 0.170 and higher).

I. NON – HIGH BAC CASES ( 0.08 TO 0.169 BAC)

REVOCATION: Your first episode of driving with a B.A.C. of 0.08 or greater results in a 9-month revocation.

1. It is very important to understand that the revocation remains in effect until you complete the reinstatement process.

2. ALL Excess B.A.C. reinstatements are processed by mail. You should begin the reinstatement process approximately 1 month before you expect to reinstate.

3. If you were 21 or older at the time of the violation, are a Colorado resident, 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.

4. 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 4 consecutive months of successful Interlock driving.

ACTUAL REINSTATEMENT PROCESS (9-month revocation):

To Reinstate – your need to:

1. Provide an SR22 ( proof of insurance coverage) 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 DR2598; Here is the link to the form:

3. Complete an Application for Reinstatement, DR2870; Here is the link to the form:

EARLY REINSTATEMENT EXPLAINED FURTHER

(This is a 1-month revocation plus 8-months with the Interlock) device:

1. In addition to items 1-3 above, you must maintain the SR22 for a minimum of 3 years regardless of whether there was an accident

and

2. Have an Interlock Device installed in every vehicle you either own or you may drive (call any provider for appt.); 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.

II. HIGH B.A.C. OFFENDER

If this is a first offense and you are a HIGH B.A.C. OFFENDER:

In addition to the above items, if your B.A.C. was 0.17 or more, whether or not you reinstate early, you must:

3….. enroll in and complete Level II Alcohol Education and Therapy; include the Affidavit of Enrollment, DR 2643.

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

Note the TIMING REQUIREMENTS:

It takes the DMV at least 3 weeks after they receive your Application with ALL required documents, to send a Letter of Clearance.

It is only then that you can and MUST apply for a license at any Colorado Driver License Office.

Only after you have the license in hand is it lawful for you to drive.

If you are still confused CALL THEM at this number – Driver Services at 303-205-5613.

COLORADO’S ONLY AUTHORIZED INTERLOCK PROVIDERS

Draeger Guardian National Smart Start

800-332-6858 800-499-0994 800-475-5490 800-880-3394

While your privilege to drive is Interlock restricted:

Your Interlock restriction may be extended if you on 3 or more occasions 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 bypass the Interlock under any circumstances.


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
DTC Quadrant Building
5445 DTC Parkway, Penthouse 4
Greenwood Village, Colorado, 80111
Primary Web Site:  http://www.HMichaelSteinberg.com
Colorado Criminal Law Blog:  www.Colorado-Criminal-Lawyer-Online.com
Main:  303.627.7777
Cell:  720.220.2277
24/7 Pager:  303.543.4433
FAX (Toll Free):  1.877.533.6276
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