SB 13-251 Driver's License in Colorado

What Is Colorado SB 13-251?

The Colorado Road and Community Safety Act (RCSA) Senate Bill 13-251 (SB 13-251) is an act passed into law that provides a driver's license, permit, or state ID card to Colorado residents who cannot prove citizenship or legal presence in the United States.

This is a specific type of driver's license that is NOT valid for federal identification purposes. As an applicant, you need to be able to provide:

• Proof of Colorado residency.
• Proof of identity from your home country, which shows your:
  • Legal name.
  • Date of birth.
    • See below for a list of acceptable documents, or visit the CO DMV website.
• Your Individual Taxpayer Identification Number (ITIN).

With a CO driver's license, permit, or ID card issued under SB 13-251, you may not be discriminated against in any way, nor can your driver's license be held against you to determine your citizenship or immigration status. This license affords you the same driving privileges as a documented citizen, and also holds you to the same laws and regulations, including requirements for Colorado car insurance.

You can access an overview of the program, as well as all forms, information, and instructions related to the new law, on the Colorado DMV website (includes Spanish documents).

Eligibility Requirements Under SB 13-251

If you are able to provide the Colorado DMV with proof of temporary lawful presence in the U.S., you will need to submit:

• Proof of temporary lawful presence, if applicable—examples include:
  • Current U.S. visa.
  • Unexpired I-94 form with your foreign passport.
  • Current and valid “resident alien", “temporary resident", or “employment authorization" card.
  • Valid employment authorization document.
    • The CO DMV provides a list in English and Spanish.
• Proof of identity showing your name and birth date—examples include:
  • Your current passport.
  • An original or certified copy of your birth certificate.
• Proof of your Colorado residency, such as:
  • A utility bill.
  • A rental agreement.
  • A cell phone bill.
  • Medical records.

If you CANNOT prove your temporary lawful presence, you must be able to provide:

• 2 documents proving Colorado residency for the last 2 years*:
  • 1 document from this current year that shows your current address.
  • 1 document dated from 12 to 24 months ago.
  • 1 document from at least 24 to 30 months ago.
    • Examples include:
      • Vehicle registration.
      • Pay check.
      • Medical record.
      • Mortgage or lease agreement.
      • Utility bill.
• An Individual Taxpayer Identification Number (see below).
• 1 document from your home country proving your identity; must be one of the following:
  • Your current, valid foreign passport.
  • A consular identification card.
  • A military identification document.
    • The document you choose MUST show:
      • Your full name.
      • Your birth date.
      • Your photo.
      • The date it was issued.
      • The country that issued it.

All documents presented to the DMV must be translated into English. Please view the DMV's rules for translation before presenting your documents.

You must also have already applied, or be planning to apply, for lawful status or citizenship within the United States. You will be required to sign an affidavit stating as such.

Individual Taxpayer Identification Number

In order to apply for a driver's license in Colorado without a Social Security number, you must first have been issued an Individual Taxpayer Identification Number (ITIN) by the U.S. Internal Revenue Service (IRS). This number is issued to people who are otherwise ineligible for a Social Security number.

You can apply for an ITIN regardless of your citizenship status.

If you do not yet have an ITIN, you can apply for one by:

• Completing an Application for IRS Individual Taxpayer Identification Number (Form W-7).
  • The IRS provides an instructions form to help.
• Attaching an income tax return with your application.
  • You'll generally want to use the U.S. Individual Income Tax Return (Form 1040), and leave the Social Security number blank.
• Providing proof of identity and foreign status—EITHER:
  • Your valid foreign passport.
    OR
    
  • At least 2 documents proving your identity, such as a:
    • Foreign military ID card.
    • Civil birth certificate.
    • Current national identification card, containing your name, address, birth date, and photo, plus an expiration date.
• At least 1 document you submit must show your photo.
• A full list of acceptable documents is provided on the W-7 instructions form.

It can take up to 7 weeks to receive your taxpayer number, so if you need to apply for one, make sure to do so well before you wish to apply for your Colorado driver's license.

Applying for Your CO Driver's License

There are different application processes for your Colorado driver's license under SB 13-251 based on whether you can provide proof of temporary lawful presence in the United States.

Note that you may bring an interpreter with you to the DMV if you need someone to help translate. This person must meet the SB 13-251 requirements.

If You CAN Prove Temporary Lawful Presence

If you hold proof of temporary legal presence in the U.S., you can apply for a driver's license at any Colorado Division of Motor Vehicles office. Schedule an appointment for your driving test with the DMV before going into an office.

At your appointment, you'll need to:

• Submit proof of identity and temporary lawful presence (details listed above).
• Complete an application form, available at the DMV.
• Pass a written knowledge exam and vision test.
• Pass your driving test.
  • You'll need to provide valid registration and insurance for the vehicle you're testing in.
• Have your photo taken.
• Pay the $30.87 fee.

If You CANNOT Prove Temporary Lawful Presence

To apply for your driver's license under Colorado SB 13-251, you MUST make an appointment with one of these offices.

You'll need to:

• Provide proof of identity and Colorado residency.
  • Please see Eligibility Requirements above for required proof.
• Submit your Individual Taxpayer Identification Number (details above).
• Sign an affidavit stating that you have applied for legal status or citizenship, or that you will be applying as soon as you are eligible.
• Provide one of the following:
  • A signed affidavit verifying your current Colorado residency, along with proof of your tax return filing for the previous year:
    • This is a certified copy of the Request for Copy of Tax Returns (Form DR 5714).
    • You MUST have this form notarized.
    • You can view an instructions sheet for help with filling out your form.
    OR
    
  • A signed affidavit verifying that you have been a Colorado resident for at least the last 2 years, along with proof of residency dating back at least 2 years (see Eligibility Requirements above for more on proof of residency).
• Pass a written knowledge exam and vision test.
  • You can study using the Colorado driver handbook:
    • English
    • Spanish
• Pass an in-car road test.
  • You must provide valid registration and car insurance for the vehicle you'll be testing in.
• Pay the appropriate fee:
  • Driver's license: $30.87.
  • Identification card: $13.

License Requirements & Restrictions

You will renew your Colorado SB 13-251 driver's license every 3 years. Each renewal, you will need to submit the above documents again, so keep the list handy and keep your paperwork updated.

Your new Colorado driver's license CANNOT be used for identification purposes. It will feature a message stating that it is for driving purposes only, and not valid for voting, federal identification, or public benefits.