MAJOR OFFENSES

        The following offenses are reported from Colorado to the home state.

1. Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

2. Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;

3. Any felony in the commission of which a motor vehicle is used;

4. Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

5. CRS 24-60-1101 Interstate Driver's License Compact Article IV

6. CRS 24-60-1105(1) Interstate Driver's License Compact - Assessment of Points

ALCOHOL RELATED TRAFFIC OFFENSE OR REVOCATION

        Many states have intoxication offenses (DUI or DEAC equivalent), but no equivalent lesser included impairment (DWAI) offenses. Your home state may not be able to give any effect to a Colorado DWAI conviction. Similarly, to give effect to a Colorado revocation for excessive alcohol content or refusing a chemical test, your home state must have a similar statute.

1. If a an out of state driver's license was physically seized in Colorado, the driver may be able to legally obtain a duplicate license from his / her home state.  The driver should check with his / her home state of issuance, advise them of the revocation or denial, and ask if they will issue a duplicate license with knowledge of the Colorado denial. 

2. If the conviction, revocation or denial were reported by Colorado under the interstate compact and the home state takes adverse action, no duplicate will be available.

3. This attorney can find no statutory authority for reporting DMV administrative revocation based upon excessive alcohol content.  

4. If a duplicate were issued by the home state, the duplicate out of state license may be valid to drive in the home state and any other state, but would not be valid in Colorado until you obtain reinstatement and a clearance letter here.

5. Check with the home state DMV and local counsel in your home state.

TRAFFIC INFRACTIONS AND
OFFENSES OTHER THAN MAJOR OFFENSES

        All violation convictions are to be reported to the home state.  CRS 24-60-1101 Interstate Driver's License Compact Article III 

        As a practical matter, employees of Colorado DMV Driver Control have indicated traffic violations other than major offenses identified above are not reported to the home state unless the out of state licensed driver fails to pay or otherwise resolve the ticket.  This attorney has seen multiple instances where minor traffic violation or infraction convictions were reported by Colorado to the home state where the ticket was timely paid.  Plan on any conviction (even a minor infraction) being reported by the Colorado DMV to the home state DMV.

POINTS OR OTHER ADVERSE ACTION

        If your license was issued by another state and Colorado reports a conviction, your home state will take action against your driver's license as though you were convicted in that state.  Even if not alcohol related, the report could generate point suspension or other adverse by your home state.

        If your home state has a statutory scheme similar in nature to Colorado,  If the home state statutory scheme is different from Colorado, and some are, no action can be taken against your license by your home state on the basis of the Colorado conviction.

Colorado Points - point system and points assessed for common tickets
        CRS 24-60-1101 Interstate Driver's License Compact Article IV
        CRS 24-60-1105(1) Interstate Driver's License Compact - Assessment of Points

EFFECT OF COLORADO SUSPENSION * REVOCATION * DENIAL

Even if the Colorado DMV adverse action is not reported to your home state or if your home state takes no adverse action against your driver's license:

1. Colorado may enter a suspension, revocation or denial against the driving privileges of a person licensed in another state.  During the time such adverse action is in effect, the foreign license is invalid in Colorado.  CRS 42-2-123(1)  CRS 42-2-134

2. The suspension, revocation or denial will remain in effect in Colorado until you become reinstated.  If you drive in Colorado before becoming reinstated, you are subject to arrest for driving under suspension, revocation or denial which can be quite serious.  For more information, please refer to my primary website Driving Under Restraint page.

3. Expiration of the period of suspension, revocation or denial is not sufficient to end the adverse action.  You must take the steps necessary to reinstate. For more information, please refer to the Clearance Letter subsection below and refer to my primary website DMV Addresses and Links page.

4. When the out of state license comes up for renewal, the driver will likely be asked if he / she is under suspension, revocation or denial in any other state. If so, the home state will require that the driver clear the Colorado adverse action before issuing a new or renewal driver's license.  

5. You must take whatever steps are necessary to reinstate in Colorado when you become eligible for reinstatement.  

6. CRS 24-60-1101 Interstate Compact Article V

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FAILURE TO PAY OR OTHERWISE RESOLVE
COLORADO TRAFFIC INFRACTIONS OR OFFENSES

        Colorado has adopted and is a member of the interstate compact.  CRS 24-60-2101 - Interstate Non-Resident Violator Compact - Article IV  The purpose of the Non-Resident Violator Compact is to avoid unnecessary inconvenience and hardship of arrest and detention or bond and collateral, yet to secure appearance at trial.  

Upon failure to appear, failure to pay or other default:

1. The local Colorado court will issue a warrant for your arrest if the ticket is for a traffic offense for which jail could be imposed.

2. A $30 OJW fee (outstanding judgment warrant fee) will be assessed regardless of whether the ticket is for a traffic offense or traffic infraction.

3. The local Colorado court will report the failure to the Colorado DMV.  

4. The Colorado DMV may, but need not suspend the Colorado driving privileges of the out of state driver.  

5. The Colorado DMV will report the failure to the home state licensing authority.  Report to the home state is limited to 6 months from date of ticket issuance.

6. CRS 24-60-2101 - Interstate Non-Resident Violator Compact - Article III and CRS 42-2-123(1) and (2)

        Upon receipt of notice from Colorado DMV, the home state is required to notify the driver and initiate an action to suspend the motorist's driver's license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the home jurisdiction licensing authority.  Bottom line - the driver must pay the ticket or otherwise resolve the Colorado traffic court case, then obtain a clearance letter from the Colorado DMV and provide to his / her home state licensing authority.  CRS 24-60-2101 - Interstate Non-Resident Violator Compact - Article IV

        CAVEAT: Provisions of the Non-Resident Violator Compact do not apply to parking or standing violations, highway weight limit violations, and violations of law governing the transportation of hazardous materials.  CRS 24-60-2101 - Interstate Non-Resident Violator Compact - Article VII

CLEARANCE LETTER

Failure to Pay or otherwise Resolve

An out of state licensed driver may contact the licensing authority in his / her home state to determine if any interstate holds exist against the license.

1. The licensing authority can access an available database which identifies drivers under adverse action in any state nationwide.  

2. The licensing authority will advise the driver 
           Each relevant hold
           Summons number or other identifying information 
           Telephone number and address to the licensing authority of the issuing jurisdiction

3. The driver must contact the licensing authority of each issuing jurisdiction which will advise the driver:
           Each relevant hold
           Court case number or other identifying information 
           Telephone number and address to the local court within the issuing jurisdiction
           Licensing authorities
                   Colorado DMV Driver Control
                   DMV Offices - Foreign States

4. The driver must contact the local court of each issuing jurisdiction 

5. The court will advise the driver of the alleged default and action necessary to cure
           The driver's goal to for the local court to fax the completion proof 
                   To the driver or counsel
                   To the licensing authority of the issuing jurisdiction (here - Colorado DMV Driver Control)
                   To the licensing authority of the home state

6. Proof of completion must ultimately be received by the licensing authority in the home state to reinstate

7. The driver will likely be required to pay a reinstatement fee to the licensing authority in the home state

   Note - the above process can be time consuming, but clearance letters can be obtained and licenses suspensions / holds can be cured.

Suspension, Revocation or Denial

        Upon expiration of the period of suspension, revocation or denial the out of state driver should contact the Colorado Department of Revenue, Division of Motor Vehicles, Driver Control Section.  Please refer to my primary website DMV Addresses and Links page.  Colorado DMV Driver Control will advise you of action required to reinstate and obtain a clearance letter.  The clearance letter must then be presented to the licensing authority of the home state.

If the revocation or denial was alcohol related and SR-22 insurance would be required to reinstate, as an out of state resident carrying an out of state license, the driver may be able to avoid the SR-22 requirement with submission of

DMV - Evidence of Insurance DMV - Alcohol Certification for Reinstatement DMV - Affidavit - Out of State Residency - FRA SR-22 Avoidance Payment of the $60 reinstatement fee

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MAJOR OFFENSES

        As the home state issuing the license, Colorado will take adverse action upon following offenses reported by a foreign jurisdiction regarding the following offenses.

1. Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

2. Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;

3. Any felony in the commission of which a motor vehicle is used;

4. Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

5. CRS 24-60-1101 Interstate Driver's License Compact Article IV

6. CRS 24-60-1105(1) Interstate Driver's License Compact - Assessment of Points

        The law in the foreign jurisdiction must be substantially similar to the Colorado offense counterpart.  A conviction reported by another state to Colorado will not be considered unless the executive director of the Colorado Department of Revenue has made a finding with respect thereto that the prerequisites to such conviction in such other state with respect to trial by jury, burden of proof, and elements of the offense are not less stringent than such prerequisites to conviction for such offense in this state.  CRS 24-60-1105(1) Interstate Driver's License Compact - Assessment of Points

ALCOHOL RELATED TRAFFIC OFFENSES

        Colorado has both an intoxication offense (DUI) as well as a lesser included impairment (DWAI) offense and an excessive alcohol concentration offense (DEAC).  If a Colorado licensed driver is convicted of an alcohol related traffic offense in another state, and the issuing state reports the conviction to Colorado, the Colorado DMV will take action against the driver as though the alcohol traffic offense conviction occurred in Colorado.  CRS 24-60-1101 Interstate Driver's License Compact Article IV  
        Idaho DWAI given effect in Colorado - see Kramer v. Colorado Dept. of Rev., 964 P.2d 629 (Colo. App. 1998)

This attorney can find no statutory authority for reporting DMV administrative revocation based upon excessive alcohol content.

        If a Colorado driver's license was physically seized by another state, the driver may be able to legally obtain a duplicate license from Colorado if the offense has not been reported under the interstate compact.  If so, the duplicate Colorado license may be valid to drive in Colorado and any other state except the foreign jurisdiction in which the conviction occurred unless the foreign jurisdiction issuing state reports under the interstate compact and Colorado takes adverse action.  Check with Colorado DMV Driver Control.  

TRAFFIC INFRACTIONS AND 
OFFENSES OTHER THAN MAJOR OFFENSES

        All violation convictions are to be reported to the home state (Colorado).  CRS 24-60-1101 Interstate Driver's License Compact Article III

        As the home state issuing the license, Colorado will not take adverse action upon following offenses reported to Colorado by a foreign jurisdiction regarding minor traffic infractions or offenses other than indicated above.  CRS 24-60-1105(2) Interstate Driver's License Compact - Assessment of Points

POINTS OR OTHER ADVERSE ACTION

        If  your license was issued by Colorado and the foreign jurisdiction issuing state reports a major offense conviction, Colorado will take action against your driver's license as though you were convicted here.  Even if not alcohol related, the report could generate point suspension or other adverse by Colorado.

        If the foreign jurisdiction issuing state statutory scheme is different from Colorado, and some are, no action can be taken against your license by Colorado on the basis of the Colorado the foreign jurisdiction issuing state conviction.

Colorado Points - point system and points assessed for common tickets
        CRS 24-60-1101 Interstate Driver's License Compact Article IV
        CRS 24-60-1105(1) Interstate Driver's License Compact - Assessment of Points

EFFECT OF OUT OF STATE SUSPENSION * REVOCATION * DENIAL

Even if the foreign state DMV adverse action is not reported to the Colorado DMV or if the Colorado DMV takes no adverse action against your driver's license:

1. The suspension, revocation or denial will remain in effect in the foreign state until you become reinstated.  If you drive in that foreign state before becoming reinstated, you are subject to arrest for driving under suspension, revocation or denial which may be quite serious.  Consult legal counsel in the foreign state.

2. Expiration of the period of suspension, revocation or denial may not sufficient to end the adverse action.  You may be required to take the steps necessary to reinstate. For more information, you may refer to the Clearance Letter subsection below and refer to my primary website DMV Addresses and Links page.  Under any circumstance, you should consult legal counsel in the foreign state.

3. When the Colorado license comes up for renewal, the driver will be asked if he / she is under suspension, revocation or denial in any other state. If so, Colorado DMV Driver Control will require that the driver clear the foreign state adverse action before issuing a new or renewal Colorado driver's license.  

4. You must take whatever steps are necessary to reinstate in the foreign state when you become eligible for reinstatement.  

5. CRS 24-60-1101 Interstate Compact Article V

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FAILURE TO PAY OR OTHERWISE RESOLVE
OUT OF STATE TRAFFIC INFRACTIONS OR OFFENSES

        Colorado has adopted and is a member of the interstate compact.  CRS 24-60-2101 - Interstate Non-Resident Violator Compact - Article IV  The purpose of the Non-Resident Violator Compact is to avoid unnecessary inconvenience and hardship of arrest and detention or bond and collateral, yet to secure appearance at trial.  

Upon failure to appear, failure to pay or other default:

1. The foreign court will likely issue a warrant for your arrest if the ticket is for a traffic offense for which jail could be imposed.

2. A outstanding judgment warrant fee may be assessed regardless of whether the ticket is for a traffic offense or traffic infraction.

3. The foreign court will report the failure to the foreign (issuing state) DMV.  

4. The foreign (issuing state) DMV may, but need not suspend the driving privileges in that state.

5. The foreign (issuing state) DMV will report the failure to the Colorado licensing authority  - Colorado DMV Driver Control.  Report to Colorado DMV Driver Control is limited to 6 months from date of ticket issuance.

6. CRS 24-60-2101 - Interstate Non-Resident Violator Compact - Article III and CRS 42-2-123(1) and (2)

        Upon receipt of notice from the foreign (issuing state) DMV, Colorado DMV Driver Control is required to notify the driver and initiate an action to suspend the motorist's driver's license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to Colorado DMV Driver Control.  Bottom line - the driver must pay the ticket or otherwise resolve the out of state traffic court case, then obtain a clearance letter from the foreign (issuing state) licensing authority and provide to Colorado DMV Driver Control.  CRS 24-60-2101 - Interstate Non-Resident Violator Compact - Article IV

        CAVEAT: Provisions of the Non-Resident Violator Compact do not apply to parking or standing violations, highway weight limit violations, and violations of law governing the transportation of hazardous materials.  CRS 24-60-2101 - Interstate Non-Resident Violator Compact - Article VII

CLEARANCE LETTER

Failure to Pay or otherwise Resolve

A Colorado licensed driver may contact Colorado DMV Driver Control to determine if any interstate holds exist against the license.

1. Colorado DMV Driver Control can access an available database which identifies drivers under adverse action in any state nationwide.  

2. Colorado DMV Driver Control will advise the driver 
           Each relevant hold
           Summons number or other identifying information 
           Telephone number and address to the licensing authority of the issuing jurisdiction

3. The driver must contact the licensing authority of each issuing jurisdiction which will advise the driver:
           Each relevant hold
           Court case number or other identifying information 
           Telephone number and address to the local court within the issuing jurisdiction
           Licensing authorities
                   Colorado DMV Driver Control
                   DMV Offices - Foreign States

4. The driver must contact the local court of each issuing jurisdiction 

5. The court will advise the driver of the alleged default and action necessary to cure
           The driver's goal to for the local court to fax the completion proof 
                   To the driver or counsel
                   To the licensing authority of the issuing jurisdiction (the foreign state DMV)
                   To the licensing authority of the home state (here - Colorado DMV Driver Control)

6. Proof of completion must ultimately be received by Colorado DMV Driver Control to reinstate

7. The driver will be required to pay a $60 reinstatement fee to Colorado DMV Driver Control

   Note - the above process can be time consuming, but clearance letters can be obtained and licenses suspensions / holds can be cured.

Suspension, Revocation or Denial

        Upon expiration of the period of suspension, revocation or denial the Colorado licensed driver should contact the licensing authority of the foreign - issuing state.  The foreign (issuing state) DMV will advise you of action required to reinstate and obtain a clearance letter.  The clearance letter must then be presented to Colorado DMV Driver Control.

If the revocation or denial was alcohol related and SR-22 insurance would be required to reinstate, as an out of state resident carrying an out of state license, the driver may be able to avoid the SR-22 requirement with submission of

1. DMV - Evidence of Insurance

2. DMV - Alcohol Certification for Reinstatement

3. DMV - Affidavit - Out of State Residency - FRA SR-22 Avoidance

4. Payment of the reinstatement fee

5. Contact the licensing authority of the issuing - Foreign State to determine if this is possible.

        For additional forms, refer to my primary website DMV Forms and Accident Reports page.
        For additional forms, please refer to www link Colorado DMV Website Forms - PDF files

Adobe Acrobat Reader version 5 or later is required to view .pdf files  Free Download

        NOTE:  These are Colorado forms - the foreign state will likely require its own forms
        Refer to my primary website DMV Offices - Foreign States page for links to DMV office websites across the country  You will likely find the relevant foreign jurisdiction DMV forms in their websites.  Most are .pdf files

        NOTE  The primary purpose of filing the accident report is to comply with state law, and to provide evidence of insurance on the vehicle - thereby avoiding an FRA suspension.- refer to link for information.  If any of the below charges are alleged, a driver should consult with his or her defense attorney regarding exercise of constitutional privileges before making any oral or written statement.

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WARNING RE FAILURE TO PROCURE CLEARANCE LETTER

        I have defended Colorado drivers who obtained a new or renewal license without Colorado DMV knowledge of an out of state suspension, revocation or denial. In those circumstances, when stopped for a traffic violation, the law enforcement officer ran the nationwide hold database and charged the driver with driving under suspension, revocation or denial, or the felony driving after revocation prohibited as well as the charge of giving false information to the DMV. Although it seemed simple at the time the driver falsely obtained the license, it wasn't in his or her best interest.  I strongly advise drivers to immediately cease driving until lawful, follow through with reinstatement from the relevant state licensing authority, clear any holds and obtain the relevant clearance letter(s) when eligible.

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