Non-Residents

Non-Colorado residents are subject to the same administrative penalties as Colorado residents for alcohol-related offenses.  See the penalties section for possible administrative penalties and driver’s license ramifications. 

A driver arrested on suspicion of driving under the influence (DUI) or driving while ability impaired (DWAI) in Colorado who is licensed in another state faces unique challenges because of the Interstate Driver's License Compact (IDLC) (make this open the IDLC pdf file). The IDLC is an agreement by 45 states to share information about driving-related arrests and convictions. An experienced Colorado DUI defense lawyer will advise whether the IDLC will affect a driver's privileges in his or her home state.

Only five states - Wisconsin, Tennessee, Georgia, Massachusetts, and Michigan - are not part of the IDLC. The other 45 states have agreed to notify one another when a driver is arrested or convicted of DUI/DWI. This means that an individual arrested for drunk-driving in Colorado may face a suspended license and/or a fine in the state that issued the drver's license.

Colorado driving under the influence (DUI) arrests trigger two separate cases - one with the criminal court and one with the Department of Revenue, Division of Motor Vehicles (DMV). When a driver is arrested for drunk-driving in Colorado, the Colorado DMV automatically begins the process of revoking the driver's privileges. The driver has only seven days from the date of arrest, in most cases, to request an Express Consent hearing at the Colorado DMV.  If no hearing is requested, the license will automatically be revoked for the appropriate period of time.

How that revocation affects the driver's privileges in his or her home state depends on whether that state recognizes and acts upon administrative revocations from another state, in this case Colorado. Some states are completely reciprocal, meaning that if Colorado suspends a driver's license for nine months, the licensing state will do the same.

Other states will only recognize or take action after being notified of a DUI/DWI court conviction rather than a DMV action. Among the states that will only act upon a court conviction, some will only take action if the burden of obtaining a criminal conviction in the other state is equal to that of the home state. Some states may add additional penalties, and some will impose fewer consequences than Colorado.

The good news for DUI drivers licensed in states that belong to the Interstate Driver's License Compact is that despite promises to notify one another about driving-related crimes, communication between the states remains poor. If Colorado never communicates the driver's loss of driving privileges to the licensing state, no other action will be taken. If the driver's home state takes no action to revoke privileges, the driver still holds a valid driver's license, and can continue to drive legally in every state except Colorado.

A non-Colorado resident, upon revocation at the Colorado DMV for a DUI per se violation, will not be allowed to reinstate early with any type of restricted license.  Colorado states they do not have the “authority” to allow out of state drivers to have a restricted license in another state.  Thus, non-residents can face harsher or more severe penalties in terms of driving privileges than Colorado residents. 

Hiring a Colorado DUI defense attorney can help you avoid such penalties and guide you through the process to ensure that you know and understand all potential driver’s license ramifications as it relates to your Colorado drunk driving arrest.