Out of State Drivers

Out-of-state drivers or non-residents face the same penalties as Colorado residents do for DUI charges. This includes both administratively and criminally. However, non-residents are not eligible for early reinstatement or a restricted license upon having their license revoked for a Colorado per se violation.

The Colorado Department of Revenue, Division of Motor Vehicles (DMV) does not have the authority to authorize non-residents a restricted or probationary driver’s license in any other state.

Thus, non-residents face a harsher penalty as they will have to serve the full revocation period handed down by the Colorado DMV. Non-residents charged with a DUI in Colorado need an experienced Colorado DUI defense attorney to fight for their rights and to try and help avoid lengthy revocations of their driving privileges in all states.

Once revoked, non-residents must still follow the Colorado DMV’s requirements for reinstatement. If a non-resident fails to comply with all reinstatement requirements, the Colorado DMV will not lift the driver’s license hold and the driver will be unable to reinstate their license in any of the Interstate Compact Act states.

Non-Resident Reinstatement Information


1st offense in Colorado with a BAC .080 - .169
1st offense in Colorado with a BAC .170 or greater
1st offense in Colorado with a Refusal

1st offense in Colorado with a BAC .080 - .169:

First time non-resident per se offenders in Colorado are subject to a nine (9) month revocation of their driving privileges with no eligibility for early reinstatement. If your Express Consent hearing is missed or is lost you will be required to do the following to reinstate your license in any state. Colorado will not release the hold on your license if you do not meet the Colorado reinstatement requirements outlined below.

REINSTATEMENT (9-month revocation): You must:

1. Provide an Out of State Residency Affidavit to bypass the SR22 insurance requirement

2. Complete an Alcohol Certification, Form DR2598

3. Complete an Application for Reinstatement, DR2870

4. Mail the Out of State Residency Affidavit, the Alcohol Certification and the Application for Reinstatement along with your personal check or money order for $95.00 to the address provided on the Application.

Approximately 3 weeks after the DMV receives your Application with ALL required documents, they will send you a Letter of Clearance. You MUST then apply for a license in the state in which you are claiming residency. Only after you have the license in hand is it lawful for you to drive.

1st offense in Colorado with a BAC .170 or greater:

First time non-resident per se offenders in Colorado are subject to a nine (9) month revocation of their driving privileges with no eligibility for early reinstatement. If your Express Consent hearing is missed or is lost you will be required to do the following to reinstate your license in any state. Colorado will not release the hold on your license if you do not meet the Colorado reinstatement requirements outlined below.

REINSTATEMENT HIGH B.A.C. OFFENDER: (9-month revocation): You must:

1. Complete an Application for Reinstatement, DR2870

2. Enroll in and complete Level II Alcohol Education and Therapy;

• Include the Affidavit of Enrollment, DR 2643.

3. Provide an Out of State Residency Affidavit to bypass the SR22 insurance requirement and the 2 year Ignition Interlock requirement

4. Mail the Out of State Residency Affidavit, the Affidavit of Enrollment and the Application for Reinstatement along with your personal check or money order for $95 to the address provided on the Application.

Approximately 3 weeks after the DMV receives your Application with ALL required documents, they will send you a Letter of Clearance. You MUST then apply for a license in the state in which you are claiming residency. Only after you have the license in hand is it lawful for you to drive.

1st offense in Colorado with a Refusal:

First time non-resident offenders in Colorado are subject to a one year revocation of their driving privileges with no eligibility for early reinstatement if they refused to submit to a chemical test. If your Express Consent hearing is missed or is lost you will be required to do the following to reinstate your license in any state. Colorado will not release the hold on your license if you do not meet the Colorado reinstatement requirements outlined below.

REINSTATEMENT REFUSAL: (1 year revocation): You must:

1. Complete an Application for Reinstatement, DR2870

2. Complete a Certification (DR2598) form

3. Provide an Out of State Residency Affidavit to bypass the SR22 insurance requirement

4. Mail the Out of State Residency Affidavit, the Alcohol Certification Form and the Application for Reinstatement along with your personal check or money order for $95 to the address provided on the Application.

Approximately 3 weeks after the DMV receives your Application with ALL required documents, they will send you a Letter of Clearance. You MUST then apply for a license in the state in which you are claiming residency. Only after you have the license in hand is it lawful for you to drive.