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    What if I get a DUI in Colorado but I’m from out-of-state?

    DUI in Colorado with an out-of-state driver's license? -- 3 Things to Know

    If you are from out-of-state and you pick up a DUI or DWAI in Colorado, you will generally face the same criminal penalties and driver’s license suspensions as Colorado residents do. You need to come back to Colorado for all your court dates unless you hire local counsel to appear on your behalf.

    Here are five key takeaways to know:

    1. A first-time DUI carries a 9-month license revocation, fines and fees, community service, DUI School, and rarely jail time.1
    2. Colorado courts will usually allow you to complete your community service requirements in your home state.
    3. You cannot get your driver’s license reinstated early in your home state.
    4. Before you can get your driver’s license reinstated in your home state, the Colorado DMV needs to give you a letter of clearance.
    5. If you ignore your DUI case in Colorado, a bench warrant will be issued for your arrest.

    In this article, our Colorado criminal defense lawyers address the following topics re. DUIs if you are from another state:

    1. Must I go to court?

    Usually not as long as you hire a Colorado criminal defense attorney to appear for you. The only exception is if the case goes to trial, which is rare: Most driving under the influence cases are resolved through negotiations with the prosecutor.

    DUI charges – even for misdemeanors – often drag on for several months. So, it pays to have local counsel appearing for all the court appearances and communicating with the prosecutor. This way, you can continue with your life at home uninterrupted.

    Note that courts will assign you a public defender if you lack financial resources to hire private counsel, though then you will have to appear in person for all court appearances.2 Plus, what you end up paying in travel and missed work may be comparable to what you would pay an attorney.

    DUI defendant with backpack looking out of airport gate window before boarding a plane to make court in Colorado

    Out-of-state DUI defendants have to return to Colorado for court unless they hire local counsel to represent them.

    2. Hire an Attorney

    You are strongly advised to lawyer up after a DUI arrest. Here are three reasons:

    1. We would make sure that your bail conditions permit you to lawfully leave Colorado and go home while the case is pending.
    2. We would request an express consent hearing with the Colorado DMV so we can contest your license suspension.
    3. We would use our decades of combined experience to fight for a charge reduction and dismissal of your DUI case in criminal court (which is totally separate from the DMV case). Sometimes our investigation turns up evidence of police misconduct that will force the D.A. to drop the case.

    3. Will I lose my license?

    A Colorado DUI probably will result in your home state license being suspended.

    Colorado is one of the 45 states that abide by the Interstate Driver’s License Compact (IDLC) and honor each other’s license suspension laws. (The five states that do not participate in the IDLC are Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.)

    If your home state follows the IDLC, it will issue the same license suspensions that the Colorado DMV does, as the following table shows:

    DUI Offense

    Driver’s License Suspension by Colorado DMV*
    First offense 9 months
    Second offense 1 year
    Third offense or subsequent offense 2 years
    * Note that a first-time refusal to take a chemical test following a DUI arrest carries a one-year license suspension.

    How do I get my license back?

    Colorado will not lift the hold on your license until you complete the suspension period, pay the $95 reinstatement fee, and complete the requirements outlined in this table:

    DUI Offense

    Requirements for License Reinstatement*
    DUI first with a BAC of 0.08% to .149%
    DUI first with BAC of 0.15% or higher; or DUI first with chemical test refusal
    * All these forms and fees must be mailed to the address on the Application for Reinstatement.

    You should receive a Letter of Clearance from the Colorado DMV about three weeks after sending them the required documentation and fees. At that point, you may apply to reinstate your driver’s license in your home state.

    If I move states, can I apply for a new license there?

    Whenever you apply for a driver’s license in your home state, your state’s DMV must search your name on the National Driver Register (NDR). The NDR has a database called the Problem Driver Pointer System (PDPS), which lists all the motorists who have been convicted of drunk/drugged driving or who have suspended or revoked licenses.

    During this search, your state – the “State of Inquiry” (SOI) – will be pointed to the “State of Record” (SOR), which has information about your driving history and status. If the SOR shows an open Colorado DMV case, the SOI will deny your license.3

    Colorado DUI attorney behind laptop speaking with out-of-state defendant over the phone

    Colorado attorneys can represent out-of-state defendants usually without them having to come back into the state.

    4. Can I do probation in my home state?

    Usually, yes. Colorado belongs to the Interstate Commission for Adult Offender Supervision (ICAOS), which permits your probation to be transferred to your home state (“the receiving state”).

    Just check ahead of time with the Colorado court. Plus you will need to submit proof of compliance of your community service.4

    5. Extradition

    If you miss your DUI court date in Colorado, the court will issue a bench warrant for your arrest.

    For misdemeanor-level DUI cases, Colorado police will probably not make the effort to track you down out-of-state. For felony-level DUI cases, however, it is more likely that Colorado police will try to find you wherever you are and extradite you back to Colorado.5

    6. Getting a DUI while on Probation

    If you are arrested for DUI in Colorado while you are on probation in your home state for a prior offense, contact a criminal defense attorney in your home state immediately. Should prosecutors in your home state discover your Colorado DUI, they will ask the court to:

    1. revoke your probation and
    2. possibly remand you to jail (depending on the terms of probation).

    Additional Reading

    For more information about Colorado DUI laws, refer to our related articles:

    • Driving under restraint (CRS 42-2-138) – discussion of the penalties for driving in Colorado on a Colorado- or an out-of-state driver’s license
    • Reckless driving (CRS 42-4-1401) – overview of this lesser crime than DUI; some DUI charges can be reduced to as part of a plea bargain
    • Colorado driving record – a guide for checking how many points are on your license
    • Felony DUI – an explanation of how multiple DUIs (at least 3) trigger a felony charge, and how even a first-time charge is a DUI if it results in serious injury

    Legal References

    1. CRS 42-4-1301.
    2. CRS 21-1-101.
    3. CRS 42-2-126; see also Edwards v. Colo. Dept. of Rev. (2016) COA 137, 406 P.3d 347. Express Consent Cases Procedures, Nevada Department of Revenue; CRS 42-2-126.
    4. CRS 42-4-1301; see also Felger v. Bd. of County Comm’rs (Colo. App. 1989). 776 P.2d 1169.
    5. CRS 16-19-104.

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