On June 8, 2012, Governor Hickenlooper signed House Bill 12-1168 into law. The law is expected to take effect August 8, 2012. The new law repeals and reenacts Colorado Revised Statute (C.R.S.) § 42-2-132.5. Prior to the re-enactment, a conflict existed between the old § 42-2-132.5(1.5)(b)(II) and the current version of § 42-7-408(1)(c)(I). The old version of § 42-2-132.5(1.5)(b)(II) required that any motorist applying for early reinstatement after a DUI-based conviction or revocation carry an SR-22 insurance policy for the greater of three years or the period of time the motorist’s license was restricted under the statute. Under § 42-7-408(1)(c)(I), however, DUI, DUI per se, and DWAI first-offenders are excused from the costly three-year SR-22 requirement so long as no accident occurred. Specifically, § 42-7-408(1)(c)(I), reduces the SR-22 requirement to the period of time the motorist is under restraint.
The re-enactment of § 42-2-132.5 clears up this conflict. The General Assembly added a new sentence to the SR-22 language in the new statute. The language appears in the new statute at § 42-2-132.5(4)(b)(II), and includes an exception to the three-year SR-22 requirement. The exception states that anyone subject to the provisions of § 42-7-408(1)(c)(I) must only carry SR-22 for “the period of time the person’s license is restricted” under the new § 42-2-132.5. For a first-offense DUI, DUI per se, or DWAI, the period of restriction could be anywhere from 4 months to 3 years.
As is likely apparent after reading this blog, when it comes to driver’s license consequences resulting from a DUI, DUI per se, or DWAI arrest, Colorado driver’s license laws can be rather convoluted. If you have been arrested for DUI, DUI per se, or DWAI in Colorado, be sure to contact an experienced Denver DUI defense attorney who can help interpret these laws for you. An experienced DUI defense attorney can advise you of the driver’s license consequences you may be facing as a result of the arrest, including the period you may be required to carry an SR-22 insurance policy.
This is good news for folks revoked for a first offense DUI in Coloradowhere no accident occurred. Previously, the detriment to reinstating your driver’s license early after a DUI conviction or DMV revocation for a first offense was three years even when no accident occured. This provides some economic savings for those required to carry an SR-22 insurance policy.