(1) The department shall not
suspend a driver's or minor driver's license to drive a motor vehicle on the public
highways for a period of more than one year, except as permitted under section 42-2-138 and except for noncompliance with the provisions of subsection (4) of this
section or section 42-7-406, or both.
(2) (a) (I) Any person whose license or privilege to drive a motor vehicle on
the public highways has been revoked is not entitled to apply for a probationary
license, and, except as provided in sections 42-2-125, 42-2-126, 42-2-132.5, 42-2-138, 42-2-205, and 42-7-406, the person is not entitled to make application for a
new license until the expiration of one year from the effective date of the
revocation; then the person may make application for a new license as provided by
law.
(II) (A) Following the period of revocation set forth in this subsection (2), the
department shall not issue a new license unless and until it is satisfied that the
person has demonstrated knowledge of the laws and driving ability through the
appropriate motor vehicle testing process, and that the person whose license was
revoked pursuant to section 42-2-125 for a second or subsequent alcohol- or drug-related driving offense has completed not less than a level II alcohol and drug
education and treatment program certified by the behavioral health administration
in the department of human services pursuant to section 42-4-1301.3.
(B) If the person was in violation of section 42-2-126 (3)(a) and the person
had a BAC that was 0.15 or more at the time of driving or within two hours after
driving, or if the person's driving record otherwise indicates a designation as a
persistent drunk driver as defined in section 42-1-102 (68.5), the department shall
require the person to complete a level II alcohol and drug education and treatment
program certified by the behavioral health administration in the department of
human services pursuant to section 42-4-1301.3, and, upon the restoration of
driving privileges, shall require the person to hold a restricted license requiring the
use of an ignition interlock device pursuant to section 42-2-132.5 (1)(a)(II).
(C) If a person seeking reinstatement has not completed the required level II
alcohol and drug education and treatment program, the person shall file with the
department proof of current enrollment in a level II alcohol and drug education and
treatment program certified by the behavioral health administration in the
department of human services pursuant to section 42-4-1301.3, on a form approved
by the department.
(III) In the case of a minor driver whose license has been revoked as a result
of one conviction for DUI, DUI per se, DWAI, or UDD, the minor driver, unless
otherwise required after an evaluation made pursuant to section 42-4-1301.3, must
complete a level I alcohol and drug education program certified by the behavioral
health administration in the department of human services.
(IV) Any person whose license or privilege to drive a motor vehicle on the
public highways has been revoked under section 42-2-125 (1)(g)(I) or (1)(i) or 42-2-203 where the revocation was due in part to a DUI, DUI per se, or DWAI conviction
shall be required to present an affidavit stating that the person has obtained at the
person's own expense a signed lease agreement for the installation and use of an
approved ignition interlock device, as defined in section 42-2-132.5 (9)(a), in each
motor vehicle on which the person's name appears on the registration and any other
vehicle that the person may drive during the period of the interlock-restricted
license.
(V) The department shall take into consideration any probationary terms
imposed on such person by any court in determining whether any revocation shall
be continued.
(b) Repealed.
(c) A person whose driving privilege is restored prior to a hearing on the
merits of any driving restraint waives the person's right to a hearing on the merits of
the driving restraint.
(3) Any person making false application for a new license before the
expiration of the period of suspension or revocation commits a class 2 misdemeanor
traffic offense. The department shall notify the district attorney's office in the
county where such violation occurred, in writing, of all violations of this section.
(4) (a) (I) Any person whose license or other privilege to operate a motor
vehicle in this state has been suspended, canceled, or revoked, pursuant to either
this article or article 4 or 7 of this title, shall pay a restoration fee of ninety-five
dollars to the executive director of the department prior to the issuance to the
person of a new license or the restoration of the license or privilege.
(II) Notwithstanding the amount specified for the fee in subparagraph (I) of
this paragraph (a), the executive director of the department by rule or as otherwise
provided by law may reduce the amount of the fee if necessary pursuant to section
24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all
or any portion of the fee is credited. After the uncommitted reserves of the fund are
sufficiently reduced, the executive director of the department by rule or as
otherwise provided by law may increase the amount of the fee as provided in
section 24-75-402 (4), C.R.S.
(b) The department shall transmit the restoration fees collected under this
subsection (4) to the state treasurer, who shall credit:
(I) (A) Seventy-three dollars to the driver's license administrative revocation
account in the highway users tax fund, which account is hereby created and
referred to in this subparagraph (I) as the account.
(B) The moneys in the account shall be subject to annual appropriation by
the general assembly for the direct and indirect costs incurred by the department in
the administration of driver's license restraints pursuant to either this article or
article 4 or article 7 of this title, including, but not limited to, the direct and indirect
costs of providing administrative hearings under this title, without the use of
moneys from the general fund. At the end of each fiscal year, any unexpended and
unencumbered moneys remaining in the account shall be transferred out of the
account, credited to the highway users tax fund, and allocated and expended as
specified in section 43-4-205 (5.5)(c), C.R.S.; and
(II) (A) Twenty-two dollars to the first time drunk driving offender account in
the highway users tax fund, which account is hereby created and referred to in this
subparagraph (II) as the account.
(B) The money in the account is subject to annual appropriation by the
general assembly on and after January 1, 2009, first to the department of revenue
to pay its costs associated with the implementation of House Bill 08-1194, as
enacted in 2008, and to pay its costs associated with the implementation of House
Bill 13-1240, enacted in 2013; second, to the department of revenue to pay a portion
of the costs for an ignition interlock device as described by section 42-2-132.5
(4)(a)(II)(C) for a first time drunk or impaired driving offender who is unable to pay
the costs of the device; third, to the department of revenue to pay a portion of the
costs for an ignition interlock device for a persistent drunk or impaired driver who is
unable to pay the costs of the device and who installs the ignition interlock device
on his or her vehicle on or after January 1, 2014. Any money in the account not
expended for these purposes may be invested by the state treasurer as provided by
law. All interest and income derived from the investment and deposit of money in
the account shall be credited to the account. At the end of each fiscal year, any
unexpended and unencumbered money remaining in the account shall remain in the
account and shall not be credited or transferred to the general fund, the highway
users tax fund, or another fund.
(5) (a) In addition to any other fee imposed pursuant to this section, a person
whose license or privilege to drive a motor vehicle on the public highways has been
revoked because of a DUI, DUI per se, DWAI, or UDD conviction shall pay a fee of
twenty-five dollars to the department prior to the issuance to the person of a new
license or the restoration of the license or privilege. The department may waive the
fee upon a satisfactory showing that the person subject to the fee is indigent.
(b) The department shall transmit the fee collected pursuant to this
subsection (5) to the state treasurer, who shall credit the same to the first time
drunk driving offender account in the highway users tax fund.
Source: L. 94: Entire title amended with relocations, p. 2152, � 1, effective
January 1, 1995. L. 98: (4)(a) amended, p. 1353, � 99, effective June 1. L. 99: (2)(a)
amended, p. 1162, � 6, effective July 1. L. 2000: (2)(a)(IV) amended, p. 1076, � 3,
effective July 1; (1) amended, p. 1357, � 32, effective July 1, 2001. L. 2001: (2)(a)(II)
amended, p. 788, � 6, effective June 1; (2)(a)(IV) amended, p. 1284, � 69, effective
June 5. L. 2002: (2)(a)(III) amended, p. 1034, � 74, effective June 1; (2)(a)(II) and
(2)(a)(III) amended, p. 1922, � 18, effective July 1; (2)(b) amended, p. 1586, � 19,
effective July 1. L. 2003: (4)(a)(I) and (4)(b) amended, p. 448, � 1, effective March 5. L. 2005: (4)(b) amended, p. 142, � 7, effective April 5. L. 2006: (2)(a)(II)(B) amended,
p. 1368, � 5, effective January 1, 2007. L. 2008: (2)(a)(II)(B), (2)(a)(II)(C), (2)(a)(III), and
(2)(a)(IV) amended, p. 248, � 11, effective July 1; (4)(a)(I) and (4)(b) amended, p. 837, �
7, effective September 1; (1), (2)(a)(I), and (2)(a)(II)(A) amended and (2)(c) added, p.
835, � 5, effective January 1, 2009. L. 2009: (2)(b) repealed, (HB 09-1266), ch. 347,
p. 1820, � 14, effective August 5. L. 2011: (2)(a)(II) and (2)(a)(III) amended, (HB 11-1303), ch. 264, p. 1180, � 104, effective August 10. L. 2012: (2)(a)(IV) and (4)(b)(II)(B)
amended, (HB 12-1168), ch. 278, p. 1483, � 6, effective August 8. L. 2013: (2)(a)(III)
and (2)(a)(IV) amended, (HB 13-1325), ch. 331, p. 1882, � 9, effective May 28;
(4)(b)(II)(B) amended, (HB 13-1240), ch. 361, p. 2114, � 6, effective May 28, and
(2)(a)(II)(B) and (4)(b)(II)(B) amended, (HB 13-1240), ch. 361, p. 2113, � 4, effective
January 1, 2014. L. 2014: IP(4)(b), (4)(b)(I)(A), and (4)(b)(II)(A) amended, (SB 14-194),
ch. 346, p. 1547, � 12, effective June 5. L. 2015: (2)(a)(II)(B) amended, (HB 15-1043),
ch. 262, p. 998, � 9, effective August 5. L. 2017: (2)(a)(II) and (2)(a)(III) amended, (SB
17-242), ch. 263, p. 1258, � 23, effective May 25. L. 2021: (5) added, (HB 21-1314), ch.
460, p. 3100, � 14, effective January 1, 2022. L. 2022: (2)(a)(II) and (2)(a)(III) amended,
(HB 22-1278), ch. 222, p. 1578, � 203, effective July 1. L. 2023: (4)(b)(II)(B) amended,
(HB 23-1102), ch. 373, p. 2236, � 4, effective June 5.