How to Get a License Reinstated After A DUI Conviction

August 08, 2014
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driverslicense2One of the adverse effects of being convicted of a DUI is that you always will lose your rights to drive freely. In legal terms this means that you will lose your freedom to drive because your license will either be suspended (temporary loss of your driving privileges) or revoked (full or indefinite loss of your driving privileges).

Well let’s get one thing clear from the start, the period of time during which your driving privileges will be taken away from you will vary from state to state because each state normally has its own specific DUI statutes.

In order for you to enjoy your full driving privileges again, you will have to complete and fulfill the legal license reinstatement process depending on your particular state or jurisdiction. The suspension or revocation period of first-time DUI offenders will often be much shorter than that of second or subsequent offenders.

You should only get started with the license reinstatement process when the end of the suspension/revocation period draws near. Remember, you will only be considered eligible for license reinstatement when you are current in just about all the relevant DUI-related fees/fines and on top of that, you should have successfully completed any mandated driver retraining course as required of you by your state’s laws.

It is also important that you realize that suspension and revocation of your license do not all mean the same thing. Suspension is usually considered as a much lighter punishment than revocation because it is a lot easier to have your license reinstated after a suspension than a revocation.

Legal Grounds for License Revocation, Denver

In Denver (Colorado), your license will get revoked by the Department of Motor Vehicles (DMV) if either one of the two happens:

  • You refuse to take the blood or breath test as required by police officers.
  • The test results reveals that you were driving at a BAC level of 0.08 or higher.

Immediately your license is revoked, you can challenge the revocation by requesting a DMV hearing within a period of seven days from the time you received notice of your driving license being revoked. If at all you refused to take the BAC test, you have the right to request for DMV hearing within seven days from the time you were arrested.

If you are lucky to win the hearing, your case will be immediately dismissed and you will be allowed to keep and use your license freely once again. However if things go awry and you lose the case, your license will be revoked at that very moment which is why it is normally recommended that you have a licensed driver close by just in case things don’t go your way at the hearing.

Ordinary, first time offenders who agreed to take the BAC test will have their licenses revoked for a nine month period. The period will increase to a year if the driver refused to take the BAC test. For Your Information, early reinstatement will only become possible if you accepted to take the test. Second time offenders face a one year revocation which doubles to two years if they refused to take the test.

Whenever your license gets suspended or revoked, it is highly crucial that you embark on getting it reinstated before you start driving again. If you don’t get your license reinstated and you’re caught driving, you will be charged with ‘Driving Under Revocation’ which is a very serious crime that is attached to a jail time. Not to mention, Driving Under Revocation charges automatically result in a one year revocation. Stay forewarned that even if your initial revocation period has elapsed but you are caught driving without having reinstated your license, you will be charged with Driving Under Revocation.

License Reinstatement Process in Denver

Reinstatement is a mandatory process for anyone who has had their license suspended or revoked, if they ever wish to enjoy their full driving rights again. It’s only through reinstatement that you will obtain a valid driver’s license once more. It is very important that you understand that the reinstatement process you will have to undergo will greatly depend on the circumstances of your arrest and the number of times you have committed the alcohol offense.

For the purpose of providing comprehensive license reinstatement details this article will describe the process involved in some of the common drunk driving offenses in Denver.

  • 1st Offense BAC 0.08-0.149

If it is your first offense and your BAC level hits this range you will immediately face a 9 month revocation. The offender will be considered eligible for early reinstatement after completing a minimum period of one month after the revocation. Thereafter the driver will be eligible for receiving a restricted license with interlock device for the remaining revocation period of the total restraint.

However if you do not find the idea of early reinstatement with interlock appealing, the following process will be expected of you for a full reinstatement;

  • Get and provide an SR22 Certificate from your insurance company which must be maintained for a period of at least 9 months.
  • Fill Form DR2598, which is an Alcohol Certification.
  • Fill Form DR2870, which is an Application for Reinstatement.
  • Mail the SR22 Certificate, Form DR2598, Form DR2870 alongside a personal check/money order worth $95 to the address specified on the Application for Reinstatement (Form DR2870).
  • Ensure there is an interlock device installed in all cars that you own in addition to those you often drive. Don’t forget to:
  • Provide Form DR2058, the Restricted Notarized Agreement Affidavit for License Ignition Interlock.
  • Provide copies of every interlock lease agreement plus all interlock installation certificates duly signed.
  • 1st Offense BAC 0.15

First time offenders with high BAC levels, greater than 0.15, will face a 9 month revocation. However after completing one month of the revocation period, the driver will be eligible for early reinstatement although they will only be provided with a restricted license with interlock for the remaining time until the total restraint period is over.

Under these circumstances, the procedure for early and regular reinstatement is just the same so it is usually recommended that one goes for an early reinstatement. The following process will be imperative:

  • Get and provide an SR22 Certificate from your insurance company which ought to be maintained for 2 years or the entire period within which you hold a restricted license – whichever appears to be longer. The period will increase to 3 years if at all you were involved in an accident.
  • The driver must enroll in Level II Alcohol Education and Therapy. The Disclaimer here is you must include Form DR2643 (the Affidavit of Enrollment). On some occasions you can use a more direct approach by asking your Level II provider to fax the DRS Form to DMV on your behalf.
  • Fill Form DR2870, which is the Application for Reinstatement.
  • Ensure there is an interlock device installed in all cars that you own in addition to those that you often drive and it should remain so for a period of at least 2 years. Don’t forget to:
  • Provide Form DR2058, the Restricted Notarized License Agreement Affidavit for License Ignition Interlock.
  • Provide copies of every interlock lease agreement plus all interlock installation certificates duly signed.
  • Mail the SR22 Certificate, Form DR2643, Form DR2058, a signed copy of the lease agreement/installation certificate, the application for reinstatement and your personal check/money order worth $95 to the address specified in the Application for Reinstatement (DR2870).
  • 2nd Offense BAC 0.08

A second time offender with a BAC level above the required threshold will immediately face a one year revocation period. Nonetheless the driver will be regarded as eligible for early reinstatement upon completion of at least one month of the total revocation period albeit they will only receive a restricted license with interlock for the remaining time of the total revocation period or 2 years; whichever appears to be longer.

The reinstatement procedures for early and regular reinstatement are entirely the same so you may want to take advantage of the early reinstatement in such a situation. The following will be expected of you:

  • Get and provide an SR22 Certificate from your insurance company which ought to be maintained for 3 years or the entire period within which you hold a restricted license (whichever appears to be longer).
  • The driver must enroll in Level II Alcohol Education and Therapy. The Disclaimer here is you must include Form DR2643 (the Affidavit of Enrollment). On some occasions you can use a more direct approach by asking your Level II provider to fax DRS Form to DMV on your behalf.
  • Fill Form DR2870, which is the Application for Reinstatement.
  • Ensure there is an interlock device installed in all cars that you own in addition to those that you often drive. It should remain so for a period of at least 2 years. Don’t forget to:
  • Provide Form DR2058, the Restricted Notarized Agreement Affidavit for License Ignition Interlock.
  • Provide copies of every interlock lease agreement plus all interlock installation certificates duly signed.
  • Mail the SR22 Certificate, Form DR2643, Form DR2058, a signed copy of the lease agreement/installation certificate, the application for reinstatement and your personal check/money order worth $95 to the address specified in the Application for Reinstatement (DR2870).

Note that after completing the above steps, the driver must obtain a new license by successfully excelling the written, driving and eye test.

  • 3rd or Subsequent Offense BAC 0.08

Third time or subsequent offenders with BAC level above the stipulated threshold automatically face a 2 year revocation. The driver will be regarded eligible for early reinstatement after the first month is over from the time of revocation and during the remaining time before the end of the total restraint, he or she will be using a restricted license with interlock.

The reinstatement procedures are pretty much similar for both regular and early reinstatement so it pays to take advantage of the early reinstatement. Nevertheless the following will be expected of you:

  • Get and provide an SR22 Certificate from your insurance company which ought to be maintained for 3 years or the entire period within which you possess the restricted license (whichever appears to be longer).
  • The driver must enroll in Level II Alcohol Education and Therapy. The Disclaimer here is you must include Form DR2643 (the Affidavit of Enrollment). On some occasions you can use a more direct approach by asking your Level II provider to fax the DRS Form to DMV on your behalf.
  • Fill Form DR2870, which is the Application for Reinstatement.
  • Ensure there is an interlock device installed in all cars that you own in addition to those that you often drive. This should remain so for a period of at least 2 years. Don’t forget to:
  • Provide Form DR2058, the Restricted Notarized Agreement Affidavit for License Ignition Interlock.
  • Provide copies of every interlock lease agreement plus all interlock installation certificates duly signed.
  • Mail the SR22 Certificate, Form DR2643, Form DR2058, a signed copy of the lease agreement/installation certificate, the application for reinstatement and your personal check/money order worth $95 to the address specified in the Application for Reinstatement (DR2870).

Note that after completing the above steps, the driver must obtain a new license by successfully excelling the written, driving and eye test.