42-2-132. Period of suspension or revocation.

Statute text

(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(2) (a) (I) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked is not entitled to apply for a probationary license, and, except as provided in sections 42-2-125, 42-2-126, 42-2-132.5, 42-2-138, 42-2-205, and 42-7-406, the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the laws and driving ability through the appropriate motor vehicle testing process, and that the person whose license was revoked pursuant to section 42-2-125 for a second or subsequent alcohol- or drug-related driving offense has completed not less than a level II alcohol and drug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.

History

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.

Annotations

Editor' s note: (1) This section is similar to former 42-2-124 as it existed prior to 1994, and the former 42-2-132 was relocated to 42-2-140.

(2) Amendments to subsection (2)(a)(III) by Senate Bill 02-159 and Senate Bill 02-057 were harmonized.

(3) Amendments to subsection (4)(b)(II)(B) by sections 4 and 6 of House Bill 13-1240 were harmonized, effective January 1, 2014.

Annotations

Cross references: (1) For the penalty for a class 2 misdemeanor traffic offense, see 42-4-1701 (3)(a)(II).

(2) For the legislative declaration contained in the 2001 act amending subsection (2)(a)(II), see section 1 of chapter 229, Session Laws of Colorado 2001. For the legislative declaration contained in the 2008 act amending subsections (1), (2)(a)(I), and (2)(a)(II)(A) and enacting subsection (2)(c), see section 1 of chapter 221, Session Laws of Colorado 2008.

(3) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 23-1102, see section 1 of chapter 373, Session Laws of Colorado 2023.

Annotations

 

ANNOTATION

Annotations

Annotator' s note. Since 42-2-132 is similar to 42-2-124 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1 and to repealed 13-3-25, CRS 53, relevant cases construing these provisions have been included in the annotations to this section.

Residents and nonresidents subject to same requirements. The general assembly intended for residents and nonresidents alike to be subject to the same requirements for reacquiring driving privileges in this state after suspension. Colo. Dept. of Rev. v. Smith, 640 P.2d 1143 (Colo. 1982).

Suspension of Colorado driving privileges applies to nonresident licensed elsewhere. A nonresident with a valid driver' s license issued by his state of residence, whose Colorado driver' s license or privilege to drive has been suspended, is not extended a privilege to drive in Colorado until the period of suspension has expired and the restoration fee has been paid. Colo. Dept. of Rev. v. Smith, 640 P.2d 1143 (Colo. 1982).

Driving status of "denied" continues until conditions met. Before a person against whom an order of denial has been entered is entitled to operate a motor vehicle, he must reapply for a new license at the end of the period of denial, pay the restoration fee required by subsection (3), file proof of financial responsibility as required by 42-7-406(1), and must be in receipt and possession of the new license. Unless and until these conditions are satisfied, his driving status as "denied" continues and he is subject to prosecution under 42-2-130(1)(a) for driving under denial. People v. Lessar, 629 P.2d 577 (Colo. 1981).

Right to drive does not automatically return following suspension. Upon suspension, a person' s right to Colorado driving privileges or a driver' s license does not automatically spring to life at the end of the period of ineligibility. Colo. Dept. of Rev. v. Smith, 640 P.2d 1143 (Colo. 1982).

Restoration fee must be paid. Suspension will continue indefinitely unless the required restoration fee is paid. Colo. Dept. of Rev. v. Smith, 640 P.2d 1143 (Colo. 1982).

For purposes of extending the suspension of a Colorado driver' s license pursuant to 42-2-130(3), the initial suspension is not terminated until the driver has paid the restoration fee required by subsection (3) of this section. Conway v. Colo. Dept. of Rev., 653 P.2d 411 (Colo. App. 1982).

Suspension does not continue for all purposes until payment. Although subsection (3) requires that a restoration fee be paid before a license is reinstated, this does not mean that, for all purposes, the "period of suspension" continues until the fee is paid. Edwards v. State, Dept. of Rev., 42 Colo. App. 52, 592 P.2d 1345 (1978).

This section contemplates a new application by a respondent following the expiration of one year after revocation. City & County of Denver v. Palmer, 140 Colo. 27, 342 P.2d 687 (1959).

Revocation differs from suspension in that a license is not automatically restored at the end of a year after revocation. City & County of Denver v. Palmer, 140 Colo. 27, 342 P.2d 687 (1959).

Expired revocation order continued in effect until driver' s application for license approved pursuant to subsection (2). Donelson v. Colo. Dept. of Rev., 38 Colo. App. 354, 561 P.2d 345 (1976).

Local legislation void. The offense of driving a motor vehicle while the driver' s license is suspended or revoked is a matter of general statewide importance, and the attempt of a city to legislate on the subject is ultra vires and void. City & County of Denver v. Palmer, 140 Colo. 27, 342 P.2d 687 (1959).

The application of the 1990 amendments to deny a probationary license was not unlawful as being retroactive in operation or in violation of defendant' s vested rights because the revocation and probationary license issues were not triggered until defendant' s criminal convictions occurred after the effective date of the 1990 amendments. Rogers v. Dept. of Rev., 841 P.2d 369 (Colo. App. 1992).

This section requires the completion of both Level II alcohol education and Level II alcohol treatment as a prerequisite for reinstating a driver whose license was revoked for an alcohol-related offense. "Therapy", as used in the department' s regulation, is synonymous with "treatment" as used in this section. Smith v. Dept. of Rev., 793 P.2d 611 (Colo. App. 1990).

Applied in Lopez v. Motor Vehicle Div., 189 Colo. 133, 538 P.2d 446 (1975); Marr v. Colo. Dept. of Rev., 43 Colo. App. 36, 598 P.2d 155 (1979); Thompson v. Tomasi, 635 P.2d 558 (Colo. App. 1979); Hedstrom v. Motor Vehicle Div., 662 P.2d 173 (Colo. 1983).