Auto Insurance

Your license may be suspended for reasons related to insurance and SR22 insurance. There are no driving privileges that can be granted while your driving privileges are revoked or suspended for insurance matter; however you may request a hearing in certain situations.

What if I am stopped for a traffic violation and the officer determines that I do not have insurance in effect?

Administrative Insurance Action
You are required to carry insurance on the vehicle you are driving (Compulsory Insurance Law, C.R.S. §42-4-1409). If you are stopped by an officer and cannot demonstrate valid insurance at the time of the stop, you may be served with an Affidavit and Notice of Suspension.

Within seven days of receipt of the Affidavit and Notice of Suspension you must:

  1. provide proof of insurance at the time of the offense to the DMV;
  2. obtain SR22 insurance; or
  3. request a hearing through the DMV

If you do not provide anything to the DMV and/or do not request a hearing, your license will be suspended on the 8th day. If you timely request a hearing, you may be granted a temporary permit which would let you drive until the day of the hearing.
Proof of current insurance is required to request a hearing. The only issue at the hearing is whether you had a valid insurance policy in effect on the day you were driving. 

If your license is suspended, you will have to obtain SR22 insurance to reinstate. On a second suspension, your driving privileges will be suspended for four months, and on a third or subsequent suspension, your driving privileges will be suspended for eight months.

Legal Authority: C.R.S. § 42-2-127.7

What if I was in an accident and did not have insurance in effect?

Financial Responsibilities Act (FRA) Suspension
If your license could be suspended for this reason, the DMV will send you a letter regarding this suspension and you may request a hearing on the matter. The hearing officer will first decide if you had insurance at the time of the accident. If the hearing officer determines that you did not have insurance in effect at the time of the accident, your license will be suspended. You will have to provide evidence that you have obtained appropriate SR22 insurance for three years in order to reinstate from this suspension.

If the accident resulted in damages to any other person or property, the hearing officer will also determine whether you were at fault for the accident. If you are found to be at fault and did not have insurance at the time of the accident, you will go under suspension and will still have to provide evidence of appropriate SR22 insurance for three years. Additionally, you will also be required to meet the Financial Responsibility Requirements on form DR2316.

What if I am required to carry SR22 insurance and the DMV notified me that I no longer have SR22 insurance in effect?

Dropped SR22 Insurance 
If you are required to carry SR22 insurance and the DMV is informed that you are no longer carrying that insurance, you will have a short period of time to provide that proof of insurance to avoid suspension. 

You may request a hearing; however the only issue will be:

  1. Whether or not the DMV was notified that you were no longer carrying SR22 insurance. Under these circumstances, no driving privileges can be granted while the suspension is in effect. However, if there is nothing else preventing reinstatement, you may reinstate after providing SR22 insurance again.

 Legal Authority: C.R.S. § 42-7-420, C.R.S. §42-7-408

I am convicted of a traffic offense which occurred when I was required to have SR22 insurance, but did not have any in effect

If you are required to carry SR22 insurance and do not carry it or it expires, your driving privileges may go under suspension. If you receive a traffic ticket while you are suspended for not carrying SR22 insurance and are convicted of that traffic offense, your driving privileges will be revoked. The revocation is for one year from the conviction date, not the violation date.

You may request a hearing, but the only issues to be decided at the hearing are: 

  1. Whether you were convicted of a traffic offense when you were required to have SR22 insurance and 
  2. Whether you had SR22 insurance in effect on the day of the violation.

Under these circumstances, no driving privileges may be granted while you are under revocation for this reason.

Legal Authority: C.R.S. § 42-2-125, C.R.S. § 42-7-406, C.R.S. § 42-7-408

 

I am the owner of a car used in two DUI or DWAI's

The owner of a vehicle may face a loss of driving privileges if a driver, who has no ownership interest in the vehicle, is involved in two or more independent alcohol offenses while driving the owner’s vehicle. 
An alcohol offense for this case is defined as: 

  1. The driver was asked to take a chemical test and refused to do so, or 
  2. The driver took a test, with a breath or blood alcohol content result measured at or over .08 as an adult or at or over .02 as a minor.

After the second separate alcohol offense, the DMV will notify the owner, who will have to obtain SR22 insurance or go under suspension.
You may request a hearing on the matter. The two issues to be decided at the hearing are:

  1. Whether a non-owner driver committed two alcohol offenses using the same vehicle, and                     
  2. Whether you have or had an ownership interest in the vehicle at the time of the alcohol offenses. 

Under these circumstances, no driving privileges can be granted if you are suspended for this reason. The registered owner of the vehicle will need to carry SR22 insurance for three years to reinstate his or her driving privileges, in addition to anything else that is required.

Legal Authority: C.R.S. §42-7-406

Judgments

The DMV may suspend your license if you fail to satisfy a final judgment or fail to comply with the terms of any order of restitution. This suspension can happen in three ways:

  1. You were involved in a motor vehicle accident and someone else received a judgment against you. The DMV must suspend your license if they receive an affidavit from the other party saying that you failed to pay the required money for a period of 30 days; or,
  2. You have an installment plan for the unpaid money and failed to make a required payment; or,
  3. You owe restitution for a criminal case involving a motor vehicle and have not complied with the restitution order.

If your license is suspended, you cannot drive until the judgment is satisfied or the terms of the order of restitution are satisfied and you take appropriate action to reinstate your license. A court order of satisfaction must be provided to be reinstated.

Legal Authority: C.R.S. § 42-7-401

 

Disclaimer: This summary was prepared by the Department of Revenue Hearing Division and should be used as a reference only. Interested parties should refer to the full text of the law and seek legal counsel before drawing conclusions.