Colorado SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

C.R.S. § 42-7-103(14)(b) states that the form known as the 'SR-22' furnished to the department may be used as proof of financial responsibility. The Colorado DMV describes it as a rider on the auto liability policy (not a policy itself) that the insurance agent provides; the form must be filed with the Colorado Division of Motor Vehicles, and the DMV states it may be uploaded at myDMV.Colorado.gov (View/upload reinstatement documents) or mailed with the Application for Reinstatement (DR 2870). Under C.R.S. § 42-7-415 the insurer either delivers the certificate to the insured for filing or files it directly with the director.

“When you purchase liability insurance, the insurance agent can provide the SR-22 form. When the liability insurance with the SR-22 rider is purchased, the form must be filed with the Colorado Division of Motor Vehicles. You may upload the SR-22 form at myDMV.Colorado.gov.”

What triggers it

Relicensing after a revocation. C.R.S. § 42-7-406(1) bars a new license after a revocation under § 42-2-125 (court conviction, including DUI/DWAI) or § 42-2-126 (administrative express-consent revocation for excess BAC or refusal) until the person files and maintains proof of financial responsibility, except first offenses under § 42-2-126(3)(b) or (3)(e) (underage drinking-and-driving revocations). The DMV states an SR-22 may be required when reinstating from specific suspensions and/or revocations, and its reinstatement FAQ lists it for the .08+ administrative revocation, DUI/DWAI convictions, multiple offenses and refusals. C.R.S. § 42-2-132.5(4)(b)(II) also requires proof of financial responsibility before early reinstatement with an interlock-restricted license, maintained for the longer of three years or the restriction period.

“You may be required to file an SR-22 when you reinstate from specific suspensions and/or revocations. The SR-22 requires the insurance company to notify the DMV of any policy cancellation. The SR-22 form is not an insurance policy.”

How long it stays on file, and from when

3 years, counted from the date the license is reinstated.

Three years from the date last required (§ 42-7-408(1)(b)), with credit for time not licensed during that period. Exception in § 42-7-408(1)(c)(I): for a person found guilty of DUI, DUI per se or DWAI, or revoked under § 42-2-126, only one time and with no accident involved, proof is required only for as long as the driving privilege is ordered under restraint, up to a maximum of three years, and the statute states the period begins when the driver reinstates the driving privilege. The DMV FAQ states 9 months for a first .08+ offense (3 years if an accident or high BAC was involved), 1 to 3 years for a DUI/DWAI conviction or a refusal, and 3 years for multiple offenses; the DMV's DUI page says the SR-22 generally must be maintained continuously for 9 months to 3 years.

“only for as long as the insured's driving privilege is ordered to be under restraint, up to a maximum of three years. The time period for maintaining the future proof of liability insurance shall begin at the time the driver reinstates his or her driving privilege.”

If the policy is cancelled or lapses

The DMV states that if the SR-22 is not kept current the insurance company notifies the Motor Vehicle Division that the SR-22 is no longer in effect but still required, and the license is suspended for that reason alone; a driver changing insurers must have a new SR-22 filed before the old one expires. C.R.S. § 42-7-416 requires the insurer to give the director written notice during the ten-day period after a certified policy's cancellation takes effect, and § 42-7-408(4) directs the director to suspend the license of a person who does not maintain the required insurance and not reinstate it until future proof is provided. Neither source states that the period restarts.

“If you don't keep the SR-22 current, the insurance company will notify the Motor Vehicle Division that the SR-22 is no longer in effect, but is still required. Your driver license will be suspended for that reason alone.”

Non-owner and out-of-state policies

C.R.S. § 42-7-411(3) provides that when the person required to give proof is not the owner of a motor vehicle, an operator's policy of the type described in § 42-7-411(2) (insuring the operator for any motor vehicle operated, at the § 42-7-103(14) limits) is sufficient; § 42-7-410(1) allows the insurer certificate to cover an operator's policy and waives the vehicle listing when the policy is issued to a non-owner. The DMV's SR-22 page does not address non-owner policies.

“When the person required to give proof of financial responsibility is not the owner of a motor vehicle, then an operator's policy of the type and coverage described in subsection (2) of this section shall be sufficient under this”

C.R.S. § 42-7-412(1) allows a nonresident owner of a foreign vehicle to file the certificate of an insurance carrier authorized in the state where the vehicle is registered (or, for a nonresident without a vehicle, the state of residence), on condition that the carrier executes a power of attorney for service of process, adopts a resolution that its policies conform to Colorado law, and agrees to accept Colorado judgments as final. For residents, § 42-7-410(1) and § 42-7-413(1) require a carrier authorized to transact business in Colorado. The DMV's pages do not address out-of-state filings.

“The nonresident owner of a foreign vehicle may give proof of financial responsibility by filing with the director a written certificate of an insurance carrier authorized to transact business in the state in which the motor vehicle described in such certificate is registered”

Liability limits the filing certifies

Minimum limits: 25/50/15

C.R.S. § 42-7-103(14)(a) defines proof of financial responsibility for the future as $25,000 bodily injury or death of one person, $50,000 bodily injury or death of two or more persons, and $15,000 property damage per accident; § 42-7-408(1)(b) requires proof 'in the amounts provided in section 42-7-103 (14)'. No uninsured-motorist or PIP component is stated for the certificate.

“twenty-five thousand dollars because of bodily injury to or death of one person in any one accident ... fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident ... fifteen thousand dollars because of injury to or destruction of property of others”

How the filing is confirmed

The DMV states the SR-22 form can be uploaded at myDMV.Colorado.gov (View/upload reinstatement documents link under the Driver/ID Services tab) or mailed with the Application for Reinstatement (DR 2870); its reinstatement FAQ says documents such as SR-22s can be uploaded and the $95 reinstatement fee paid online through myDMV, and that questions about reinstatements, DUIs, suspensions and SR-22 can be submitted through an Information Request or by calling DMV Driver Services at 303-205-5613.

Agency page: dmv.colorado.gov

“Upload your specific reinstatement documents (like Court Compliances, SR-22s, or Interlock leases) and pay your $95 reinstatement fee electronically.”

Financial-responsibility statute

C.R.S. § 42-7-408

“Proof of financial responsibility for the future in the amounts provided in section 42-7-103 (14) shall be maintained for three years from the date last required and shall be furnished for each motor vehicle registered during that period”