DUI License Recovery in Colorado
A first DUI in Colorado results in a 9-month license revocation, but you can apply for early reinstatement after just 1 month by installing an IID. You will need SR-22 insurance, must complete an alcohol/drug evaluation and recommended treatment, and pay a $95 reinstatement fee plus a $25 DUI restoration fee. A first DWAI does not automatically suspend your license but still carries jail time and fines.
Last updated:
Overview
Colorado distinguishes between DUI (Driving Under the Influence, BAC >= 0.08%) and DWAI (Driving While Ability Impaired, BAC 0.05%-0.079%). Both carry criminal penalties, but DUI triggers automatic license suspension and IID requirements while a first DWAI does not. Colorado uses a lifetime lookback period, meaning all prior DUI/DWAI convictions count regardless of when they occurred. A BAC of 0.15% or higher triggers 'persistent drunk driver' designation with enhanced penalties even on a first offense. A fourth or subsequent DUI/DWAI is a Class 4 felony.
Quick Answer
A first DUI in Colorado results in a 9-month license revocation, but you can apply for early reinstatement after just 1 month by installing an IID. You will need SR-22 insurance, must complete an alcohol/drug evaluation and recommended treatment, and pay a $95 reinstatement fee plus a $25 DUI restoration fee. A first DWAI does not automatically suspend your license but still carries jail time and fines.
Suspension Rules
| Offense | Suspension |
|---|---|
| 1st Offense | DUI: 9-month revocation; eligible for early reinstatement with IID after 1 month. DWAI: No automatic suspension for first offense (8 points assessed). DUI per se (BAC >= 0.08%): 9-month revocation. |
| 2nd Offense | DUI/DWAI with 1 prior: 1-year revocation; must hold interlock-restricted license for at least 2 years before eligibility for unrestricted license. |
| 3rd Offense | DUI/DWAI with 2 priors: 2-year revocation; must hold interlock-restricted license for at least 2 years but not more than 5 years. |
| Refusal | Refusing a chemical test results in an automatic 1-year license revocation for a first refusal. A second refusal within 5 years results in a 2-year revocation. Refusal can also be used as evidence against you in court. |
Ignition Interlock Device (IID) Requirements
Colorado requires IID installation for all DUI and DUI per se convictions. For a first DUI with BAC under 0.15%, the IID is required for at least 8 months. A BAC of 0.15% or higher triggers 'persistent drunk driver' status with at least 2 years of IID regardless of offense number. Second and subsequent DUI/DWAI convictions require IID for 2 to 5 years. A first DWAI alone does not mandate IID, but a second DWAI does.
SR-22 Insurance
SR-22 is a certificate of financial responsibility filed by your insurance company with the Colorado DMV confirming you carry at least the state minimum liability coverage ($25,000/$50,000 bodily injury, $15,000 property damage). If your SR-22 lapses, your insurer notifies the DMV and your license is automatically re-suspended.
Reinstatement Process
Fee: $95 reinstatement fee + $25 DUI restoration fee (for offenses after 1/1/2022) = $120 total | Timeline: Early reinstatement with IID available after 1 month of revocation for first DUI. Processing takes 24-48 hours online or up to 3 weeks by mail. Full unrestricted license restored after IID period is completed and all conditions met.
Serve Minimum Revocation Period
Wait at least 1 month of the revocation period before applying for early reinstatement with IID (if eligible), or serve the full 9-month revocation for a first DUI.
Complete Alcohol/Drug Evaluation
Undergo a Level II alcohol and drug evaluation at a state-approved facility. Complete any recommended education or treatment programs (Level II Education is 12+ hours; treatment varies).
Install Ignition Interlock Device
Have an IID installed by a Colorado DMV-approved vendor on every vehicle you own or drive. Obtain the Notarized Restricted License Ignition Interlock Agreement Affidavit.
Obtain SR-22 Insurance
Purchase SR-22 insurance from a licensed Colorado insurer. The insurer will file the SR-22 certificate directly with the Colorado DMV.
Submit Reinstatement Application
Complete the Application for Reinstatement (Form DR 2870) and the Affidavit of Alcohol Education Enrollment (Form DR 2598). Submit along with SR-22, IID agreement, and the $120 fee.
Receive Interlock-Restricted License
Once approved, you receive an interlock-restricted license. You may upload documents at myDMV.Colorado.gov (processed in 24-48 hours) or mail them (takes up to 3 weeks).
DUI Penalties
| Offense | Penalties |
|---|---|
| 1st Offense | DUI: 5 days to 1 year jail, $600-$1,000 fine, 48-96 hours community service, 9-month license revocation. DWAI: 2-180 days jail, $200-$500 fine, 24-48 hours community service, no automatic license suspension. |
| 2nd Offense | DUI or DWAI with 1 prior: 10 days to 1 year jail, $600-$1,500 fine, 48-120 hours community service, 1-year license revocation, 2-year minimum IID. |
| 3rd Offense | DUI or DWAI with 2 priors: 60 days to 1 year jail, $600-$1,500 fine, 48-120 hours community service, 2-year license revocation, 2-5 year IID. |
| Felony DUI | Fourth+ DUI/DWAI (Class 4 felony): 2-6 years in prison (4-12 years with extraordinary aggravating circumstances), $2,000-$500,000 fine, 3-year mandatory parole period, 2-year license revocation. If probation is granted, 90-180 days mandatory jail as a condition. Persistent drunk driver designation applies. |
BAC limit: 0.08% for DUI per se; 0.05% for DWAI; 0.04% for commercial drivers; 0.02% for drivers under 21. A BAC of 0.15% or higher triggers persistent drunk driver status with enhanced penalties. | Lookback period: Lifetime — Colorado counts all prior DUI, DUI per se, and DWAI convictions regardless of when they occurred. A DUI from 20+ years ago still counts toward penalty enhancement.
Hardship / Restricted License
Colorado does not offer a traditional 'hardship' license. Instead, the early reinstatement with IID program effectively serves this purpose. After serving just 1 month of a first-DUI revocation, you can obtain an interlock-restricted license that allows you to drive any vehicle equipped with an IID for any purpose.
Edge Cases
What is the difference between DUI and DWAI in Colorado?
DUI requires proof of substantial impairment or a BAC of 0.08% or more. DWAI requires only slight impairment, with a BAC between 0.05% and 0.079%. DUI carries harsher penalties including automatic license revocation and IID requirements. A first DWAI does not trigger license suspension, but subsequent DWAI convictions are treated similarly to DUI for sentencing.
What is a 'persistent drunk driver' in Colorado?
You are designated a persistent drunk driver if your BAC was 0.15% or higher at the time of arrest (even on a first offense), or if you have two or more alcohol-related driving offenses. This designation requires a minimum 2-year IID period and Level II alcohol education/therapy, regardless of the offense number.
Can I get a DUI on a bicycle or e-scooter in Colorado?
No. Colorado's DUI law applies to 'motor vehicles.' Bicycles and e-scooters are not classified as motor vehicles. However, you could face other charges such as public intoxication depending on the circumstances.
What happens if I get a DUI with a child in the car?
DUI with a child passenger under 16 is charged as child abuse, a separate offense that can be a misdemeanor or felony. It can significantly increase penalties and may trigger persistent drunk driver designation even with a lower BAC.
Frequently Asked Questions
- How long after a Colorado DUI can I drive again?
- For a first DUI, you can apply for an interlock-restricted license after serving just 1 month of the 9-month revocation by installing an IID. This means most first-time DUI offenders can be back on the road within 4-6 weeks of arrest, though with an IID restriction.
- Do I need an IID for a first DWAI in Colorado?
- No. A first DWAI conviction does not require an IID and does not automatically suspend your license. However, if your BAC was 0.15% or higher, you will be classified as a persistent drunk driver and IID will be required even if the charge is reduced to DWAI.
- How much does a Colorado DUI cost in total?
- The total cost of a first DUI in Colorado typically ranges from $5,000-$12,000+ when factoring in fines ($600-$1,000), court costs, attorney fees ($2,000-$5,000+), alcohol evaluation and treatment ($200-$1,000+), IID costs ($800-$1,300/year), SR-22 insurance increase ($300-$800/year), reinstatement fees ($120), and community service.
- Will a Colorado DWAI show on my criminal record?
- Yes. Both DUI and DWAI are criminal offenses in Colorado and appear on your criminal record. A DWAI is a misdemeanor and cannot be expunged or sealed under current Colorado law. It will also appear on your driving record.
- Can I refuse a breathalyzer in Colorado?
- Colorado has an express consent law. You can refuse, but refusal results in an automatic 1-year license revocation (2 years for a second refusal within 5 years), and the refusal can be used as evidence against you in court.
Video Guides
Take Action — Direct Links
- Colorado DMV — Reinstatements
Official Colorado DMV page with reinstatement requirements, forms, and fee information.
- Colorado DMV — Approved Interlock Vendors
Official list of state-approved ignition interlock device providers with contact information.
- Colorado DMV — SR-22 and Insurance Information
Official SR-22 filing requirements and insurance information for Colorado.
- Colorado General Assembly — Drunk Driving Laws Summary
Comprehensive legislative summary of Colorado DUI/DWAI laws, penalties, and procedures.