C.R.S. Section 42-2-132
Period of suspension or revocation


(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(2)(a)(I) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked is not entitled to apply for a probationary license, and, except as provided in sections 42-2-125, 42-2-126, 42-2-132.5, 42-2-138, 42-2-205, and 42-7-406, the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)

Intentionally left blank —Ed.

(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the laws and driving ability through the appropriate motor vehicle testing process, and that the person whose license was revoked pursuant to section 42-2-125 for a second or subsequent alcohol- or drug-related driving offense has completed not less than a level II alcohol and drug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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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: Section 42-2-132 — Period of suspension or revocation, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-42.­pdf (accessed Oct. 20, 2023).

42‑2‑101
Licenses for drivers required - penalty - definition
42‑2‑102
Persons exempt from license
42‑2‑103
Motorcycles - autocycles - low-power scooters - driver’s license required
42‑2‑104
Licenses issued - denied
42‑2‑105
Special restrictions on certain drivers
42‑2‑105.5
Restrictions on minor drivers under eighteen years of age - penalties - legislative declaration
42‑2‑106
Instruction permits and temporary licenses
42‑2‑107
Buckner organ and tissue donation awareness fund - legislative declaration - rules - annual report - repeal
42‑2‑108
Application of minors - rules
42‑2‑109
Release from liability
42‑2‑110
Revocation upon death of signer for minor
42‑2‑111
Examination of applicants and drivers - when required
42‑2‑112
Medical advice - use by department - provider immunity
42‑2‑113
License examiners appointed
42‑2‑114
License issued - voluntary disability identifier symbol - fees - rules - report - definitions
42‑2‑114.5
Fees for drivers’ licenses, identification cards, and related services - crediting to DRIVES account - fee setting procedures - rules - repeal
42‑2‑115
License, permit, or identification card to be exhibited on demand - penalty
42‑2‑116
Restricted license
42‑2‑117
Duplicate permits and minor licenses - replacement licenses
42‑2‑118
Buckner organ and tissue donation awareness fund - rules - report - repeal
42‑2‑118.1
Driver restoration and payment incentive program
42‑2‑119
Notices - change of address or name
42‑2‑120
Methods of service
42‑2‑121
Records to be kept by department - admission of records in court
42‑2‑121.5
Emergency contact information - website form - license application - driver’s license database
42‑2‑122
Department may cancel license - limited license for physical or mental limitations - rules
42‑2‑123
Suspending privileges of nonresidents and reporting convictions
42‑2‑124
When court to report convictions
42‑2‑125
Mandatory revocation of license and permit
42‑2‑126
Revocation of license based on administrative determination
42‑2‑126.5
Revocation of license based on administrative actions taken under tribal law - repeal
42‑2‑127
Authority to suspend license - to deny license - type of conviction - points
42‑2‑127.5
Authority to suspend license - violation of child support order
42‑2‑127.7
Authority to suspend driver’s license - uninsured motorists - legislative declaration
42‑2‑127.9
Authority to suspend driver’s license - leaving the scene of an accident
42‑2‑128
Vehicular homicide - revocation of license
42‑2‑129
Mandatory surrender of license or permit for driving under the influence or with excessive alcoholic content
42‑2‑132
Period of suspension or revocation
42‑2‑132.5
Mandatory and voluntary restricted licenses following alcohol convictions - rules
42‑2‑133
Surrender and return of license
42‑2‑134
Foreign license invalid during suspension
42‑2‑135
Right to appeal
42‑2‑136
Unlawful possession or use of license
42‑2‑137
False affidavit - penalty
42‑2‑138
Driving under restraint - penalty - definitions
42‑2‑139
Permitting unauthorized minor to drive
42‑2‑140
Permitting unauthorized person to drive
42‑2‑141
Renting or loaning a motor vehicle to another
42‑2‑142
Violation - penalty
42‑2‑143
Legislative declaration
42‑2‑144
Reporting by certified level II alcohol and drug education and treatment program providers - notice of administrative remedies against a driver’s license - rules
42‑2‑201
Legislative declaration concerning habitual offenders of motor vehicle laws
42‑2‑202
Habitual offenders - frequency and type of violations
42‑2‑203
Authority to revoke license of habitual offender
42‑2‑204
Appeals
42‑2‑205
Prohibition
42‑2‑206
Driving after revocation prohibited
42‑2‑207
No existing law modified
42‑2‑208
Computation of number of convictions
42‑2‑301
Definitions
42‑2‑302
Department may or shall issue - limitations - rules
42‑2‑303
Contents of identification card - disability identifier symbol - rules - definition
42‑2‑304
Validity of identification card - rules
42‑2‑305
Lost, stolen, or destroyed cards
42‑2‑306
Fees - disposition
42‑2‑307
Change of address - penalty
42‑2‑308
No liability on public entity
42‑2‑309
Unlawful acts
42‑2‑310
Violation
42‑2‑313
Department consult with counties on county jail identification processing unit
42‑2‑401
Short title
42‑2‑402
Definitions
42‑2‑403
Department authority - rules - federal requirements
42‑2‑404
Commercial driver’s license - limitations - rules
42‑2‑405
Driver’s license disciplinary actions - grounds for denial - suspension - revocation - disqualification
42‑2‑405.5
Violations of out-of-service order
42‑2‑406
Fees - rules
42‑2‑407
Licensing of testing units and driving testers - hearings - regulations
42‑2‑408
Unlawful acts - penalty
42‑2‑409
Unlawful possession or use of a commercial driver’s license
42‑2‑501
Short title
42‑2‑502
Legislative declaration
42‑2‑503
Definitions
42‑2‑504
Applicability
42‑2‑505
Identification documents - individuals not lawfully present - rules
42‑2‑506
Identification documents - individuals temporarily lawfully present
42‑2‑507
Taxpayer identification number - confidentiality
42‑2‑508
Fees - operations - rule
42‑2‑509
Renewal - duplicate - replacement - rules
42‑2‑510
Peace officers - arrest authority
42‑2‑511
Driving test - third-party option - definition
42‑2‑601
Definitions
42‑2‑602
Equipment of vehicles
42‑2‑603
Rules
42‑2‑604
Violations - penalty
Green check means up to date. Up to date

Current through Fall 2024

§ 42-2-132’s source at colorado​.gov