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Out of State Drivers

Out of State Drivers And Colorado Penalties

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 in Colorado for excess BAC or refusal.

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 in the National Register and the driver will be unable to reinstate their license in the home state.

Non-Resident Reinstatement Information

1st offense in Colorado with a BAC .080 - .149

First time non-resident excess BAC 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.

  • For reinstatement following a 9-month revocation, you must:
  • Provide an Out of State Residency Affidavit to bypass the SR22 insurance requirement
  • Complete an Alcohol Certification, Form DR2598
  • Complete an Application for Reinstatement, DR2870
  • 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 for Reinstatement.

Approximately 3 weeks after the DMV receives your application materials 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 ≥ .150

First time non-resident excess BAC 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.

For reinstatement for a high BAC offender, you must:

(9-month revocation) You must:

1. Complete an Application for Reinstatement, DR2870

2. Enroll in and complete Level II Alcohol Education and Therapy or the equivalent in the state in which you are claiming residency;

To meet the Alcohol Education and Therapy requirement as a non-resident of Colorado, you must do the following:

  • Obtain an independent evaluation from a state certified provider (in the state in which they reside)
  • The provider must make a professional recommendation as to the treatment requirements
  • The respondent must then complete the recommended treatment
  • The provider must send the DMV a letter on Company Letterhead stating:
    1. The date the evaluation was done
    2. The recommended treatment level and hours
    3. Date treatment/education was started
    4. Date treatment/education was completed
    5. Total number of hours completed
    6. Whether the respondent successfully completed the program and that they were discharged successfully
    7. This letter needs to be signed with the relevant information provided regarding the respondent and the treatment provider

*** Treatment must be completed and the revocation term served before the DMV will release the hold.***

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

4. Provide a Non-Ownership Affidavit to bypass the 2-year ignition interlock requirement

5. Mail the Out of State Residency Affidavit, the Non-Ownership Affidavit, proof of completion of Alcohol Education & Therapy and the Application for Reinstatement along with your personal check or money order for $95.00 to the address provided on the Application for Reinstatement.

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.

For reinstatement following a refusal and 1-year revocation, you must:

1. Complete an Application for Reinstatement, DR2870

2. Enroll in and complete Level II Alcohol Education and Therapy or the equivalent in the state in which you are claiming residency;

To meet the Alcohol Education and Therapy requirement as a non-resident of Colorado, you must do the following:

  • Obtain an independent evaluation from a state certified provider (in the state in which they reside)
  • The provider must make a professional recommendation as to the treatment requirements
  • The respondent must then complete the recommended treatment
  • The provider must send the DMV a letter on Company Letterhead stating:
    1. The date the evaluation was done
    2. The recommended treatment level and hours
    3. Date treatment/education was started
    4. Date treatment/education was completed
    5. Total number of hours completed
    6. Whether the respondent successfully completed the program and that they were discharged successfully
    7. This letter needs to be signed with the relevant information provided regarding the respondent and the treatment provider

*** Treatment must be completed and the revocation term served before the DMV will release the hold.***

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

4. Provide a Non-Ownership Affidavit to bypass the 2-year ignition interlock requirement

5. Mail the Out of State Residency Affidavit, the Non-Ownership Affidavit, proof of completion of Alcohol Education & Therapy and the Application for Reinstatement along with your personal check or money order for $95.00 to the address provided on the Application for Reinstatement.

Approximately three 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.

Reach out to our DUI lawyers in Denver at The Orr Law Firm if you have further questions. We are here to help you: (303) 818-2448.

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