Driving after a DUI in Colorado: the Early Reinstatement with Interlock (interlock-restricted license)
In Colorado, a first-offense DUI driver can, in some cases, apply for an Early Reinstatement with Interlock (interlock-restricted license) with no waiting period (60 days after a test refusal). The licensing agency issues it. An ignition interlock is required; an SR-22 filing is required; DUI-program participation is required in some cases. The deadline to request a hearing on the administrative suspension is 7 calendar days from the notice.
Most states let a first-offense DUI driver back on the road before the suspension ends — under a restricted privilege that goes by a different name in almost every state, that usually starts only after a set number of days with no driving at all, and that comes with its own conditions. The rules below are the ones the Colorado Department of Revenue, Division of Motor Vehicles state, each quoted from the source.
Also called: Early Reinstatement (Interlock) (DMV page title); interlock-restricted license (C.R.S. § 42-2-132.5); Ignition Interlock Restricted License (DMV Administrative Hearing Process page); Probationary Driver License (DMV; for points or insurance suspensions, not DUI).
The first days: the administrative suspension and the hearing deadline
In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.
| Deadline to request the hearing | 7 calendar days |
|---|---|
| Temporary driving permit after arrest | 7 days |
| Where to request it | dmv.colorado.gov |
The arresting officer confiscates the license and provides an 'Expressed Consent Affidavit and Notice of Revocation'; the DMV states there are 7 calendar days from the date of arrest (or the date on the DMV letter if a blood test was taken) to request an Expressed Consent Hearing with the Department of Revenue Hearings Division, that missing the 7-day window automatically waives the right to a hearing and the license will be revoked, that the request is made through 'Request a Hearing' on myDMV, that an approved request yields a temporary driving permit valid until the hearing date, and that hearings are conducted virtually via Zoom. C.R.S. § 42-2-126(5)(b)(II) requires the officer to issue a temporary permit valid for seven days when taking a Colorado or other state license; § 42-2-126(6)(d) makes the revocation effective seven days after receipt of the notice; § 42-2-126(7)(b) requires
“You have 7 calendar days from the date of your arrest (or the date on the DMV letter if you took a blood test) to request an Expressed Consent Hearing. If you miss this 7-day window, you automatically waive your right to a hearing, and your license will be revoked.”
Who can get it, and how soon
| After a first DUI | Available in some first-offense cases |
|---|---|
| Days before eligible — test failure | no waiting period |
| Days before eligible — test refusal | 60 days |
| Issued by | The licensing agency |
The DMV states early reinstatement with an interlock-restricted license is limited to Colorado residents who were 21 or older at the time of the violation and have satisfied all reinstatement requirements other than time; for violations on or after January 1, 2023 a person with a Per Se or DUI revocation is eligible on the first day the revocation goes active, a first offense with BAC 0.15 or higher is eligible the same day but as a Persistent Drunk Driver with two years of interlock, and a refusal must serve two months of the revocation first. Out-of-state drivers and minors under 21 are not eligible and must serve the full revocation.
“Early reinstatement is limited to drivers who: Are residents of Colorado Are 21 years of age or older at the time of the violation Have satisfied all reinstatement requirements (other than time)”
Administrative (Expressed Consent) track: a first excess-BAC 0.08 revocation is nine months (C.R.S. § 42-2-126(3)(a)(I)(A)), effective seven days after the notice of revocation is received. The DMV states that for violations on or after January 1, 2023 a person with a Per Se or DUI revocation is eligible for early reinstatement on the first day the revocation action goes active (no one-month waiting period), and § 42-2-132.5(4)(a)(II)(A) allows a first-time offender aged 21 or older to apply 'at any time'. Refusal: the DMV and § 42-2-132.5(4)(a)(I) require two months of the revocation to be served first; the sources state 'two months', recorded here as 60 days. The DMV's hearing page adds that with multiple alcohol violations or refusals the wait for early reinstatement is up to two months. Conviction track: the DMV FAQ (reinstatement record) treats a court DUI/DWAI conviction revocation
“Reinstatements for violations on or after January 1, 2023: Have a Per Se or DUI conviction are eligible on the first day the revocation action goes active (no one month waiting period) Have a Refusal of a BAC test and have already served two months for the alcohol related restraint”
Conditions attached to the privilege
| Ignition interlock | Required — Colorado interlock rule |
|---|---|
| SR-22 / financial-responsibility filing | Required · 3 years on file — details |
| DUI program / education | Required in some cases |
| Fee for the privilege | $95 reinstatement fee + $25 DUI restoration fee |
| Full reinstatement later | fee $95 reinstatement fee plus $25 DUI restoration fee ($120 total); SR-22 Yes — reinstatement steps |
As stated on the DMV's Reinstating After a DUI or Alcohol Offense page: (1) obtain an SR-22 certificate from the insurer, maintained for 9 months to 3 years depending on the offense (Step 4 says at least 3 years); (2) education/treatment: a Persistent Drunk Driver must enroll in Level 2 Alcohol and Drug Education and Treatment and provide an Affidavit of Enrollment (Form DR 2643), while a first offense with a low BAC (<0.149) 'just need[s] to provide the Certification form (Form DR 2598)'; (3) install an ignition interlock device at a state-certified service center in every vehicle driven and submit the lease agreement, installation certificate and a notarized Restricted License Agreement Affidavit (Form DR 2058); (4) submit the reinstatement application online through myDMV, by email to [email protected], or by mail on Form DR 2870, with the $95 reinstatement fee and $25 DUI res
“To apply for reinstatement, you will need to bring/submit the following: Application (See below) Fees: $95.00 Reinstatement Fee + $25.00 DUI Restoration Fee. SR-22 Insurance: A certificate from your auto insurer proving you have liability coverage.”
Where and when it allows driving
Any purpose; the license prohibits driving a motor vehicle other than one in which an approved ignition interlock device is installed. For a first low-BAC offender the restriction runs for the remainder of the nine-month restraint, with removal possible after four consecutive compliant monthly reporting periods (§ 42-2-132.5(4)(a)(II)(B)); Persistent Drunk Drivers (BAC 0.15 or more, refusals) must hold the interlock-restricted license for at least two years.
“(c) The terms of the interlock-restricted license shall prohibit the person from driving a motor vehicle other than a vehicle in which an approved ignition interlock device is installed.”
How it is issued
The licensing agency issues the Early Reinstatement with Interlock (interlock-restricted license).
Official page: dmv.colorado.gov
The statute: C.R.S. § 42-2-132.5(4)(a)(II)(A)
“for a first violation that requires only a nine-month revocation, a person twenty-one years of age or older at the time of the offense may apply for an early reinstatement with an interlock-restricted license pursuant to this section at any time.”
Questions about driving after a DUI in Colorado
- How soon after a first Colorado DUI can a person drive with an interlock?
- The Colorado DMV's Early Reinstatement (Interlock) page states that for violations on or after January 1, 2023 a person with a Per Se or DUI revocation is eligible on the first day the revocation action goes active, with no one-month waiting period; C.R.S. § 42-2-132.5(4)(a)(II)(A) lets a first-time offender aged 21 or older apply for early reinstatement with an interlock-restricted license at any time. A refusal requires two months of the revocation to be served first.
- What does Colorado require for early reinstatement with an interlock-restricted license?
- The DMV's Reinstating After a DUI or Alcohol Offense page lists an SR-22 certificate, education/treatment enrollment (Form DR 2643, or Form DR 2598 for a first low-BAC offense), an ignition interlock installed in every vehicle driven with the lease, installation certificate and Restricted License Agreement Affidavit (DR 2058), and the $95 reinstatement fee plus $25 DUI restoration fee; eligibility is limited to Colorado residents aged 21 or older at the time of the violation.
- What is the deadline to request a Colorado Expressed Consent hearing?
- The DMV's DMV Administrative Hearing Process page states there are 7 calendar days from the date of arrest (or the date on the DMV letter after a blood test) to request an Expressed Consent Hearing, and that missing the window waives the hearing and the license will be revoked. C.R.S. § 42-2-126(7)(b) requires the written request within seven days, and § 42-2-126(5)(b)(II) provides a seven-day temporary permit.
Sources
- Colorado DMV – Early Reinstatement (Interlock) (eligibility; first-day eligibility for violations on or after January 1, 2023; two months for refusals)
- Colorado DMV – DMV Administrative Hearing Process (Expressed Consent hearing, 7-calendar-day deadline, myDMV request, temporary permit, Zoom hearings)
- Colorado DMV – Reinstating After a DUI or Alcohol Offense (7-day rule, PDD designation, early reinstatement eligibility, 5 reinstatement steps, fees and forms)
- Colorado Revised Statutes 2024, Title 42 (§ 42-2-126 administrative revocation, notice, temporary permit and hearing request; § 42-2-132.5 interlock-restricted