Colorado DUI License Suspensions

Any person who drives a motor vehicle in the state of Colorado is deemed to have expressed his/her consent to submit to chemical testing of the person's blood or breath for purposes of detecting for the presence of alcohol and/or drugs in the person's system. Person's who refuse chemical testing will have their driving privileges suspended pursuant to the penalties listed below. The refusal will be admissible against them in court. Person's who submit to chemical testing that reveals a blood alcohol content (BAC) of .08 or higher will also lose their privilege to drive in the state. Listed below are the Colorado administrative license revocation penalties and process. For your criminal exposure, see our article about Colorado DUI consequences. For more information, consult with an experienced Colorado DUI defense attorney in your area.

Colorado hardship licenses for DUI suspensions

In some instances, first time offenders may be eligible for a hardship license after one month of their license revocation if an interlock device is installed in every vehicle the offender owns and operates.

Administrative License Suspension Penalties in Colorado DUI Cases

CHEMICAL TEST "FAILURE"

FIRST OFFENSE BAC .08 OR HIGHER - 9 MONTHS LICENSE REVOCATION
SECOND OFFENSE BAC .08 OR HIGHER - ONE YEAR LICENSE REVOCATION
THIRD OR SUBSEQUENT OFFENSE BAC .08 OR HIGHER - TWO YEAR LICENSE REVOCATION

MINORS WITH BAC BETWEEN .02 AND .05

FIRST OFFENSE EXCESS BAC - 3 MONTHS LICENSE REVOCATION
SECOND OFFENSE EXCESS BAC - 6 MONTHS LICENSE REVOCATION
THIRD OR SUBSEQUENT OFFENSE EXCESS BAC - ONE YEAR LICENSE REVOCATION

CHEMICAL TEST REFUSAL

FIRST OFFENSE REFUSAL - ONE YEAR LICENSE REVOCATION
SECOND OFFENSE REFUSAL - TWO YEAR LICENSE REVOCATION
THIRD OR SUBSEQUENT REFUSAL - THREE YEAR LICENSE REVOCATION

CO DUI suspects who refuse to submit to chemical testing, or those who provide a breath sample that reveals a BAC in excess of the legal limit will be served with a notice of revocation by the police of the Department of Revenue's intention to suspend the person's driving privileges. Persons who submit to blood or urine testing that later reveals excess BAC or the presence of controlled substances or drugs will be served with the notice of revocation once the chemical test results have been obtained. If the notice of revocation is served to the DUI suspect at the police station on the date of arrest, the police will take possession of the suspect's driver's license and issue them a temporary permit that is valid for 7 days following the date of issuance. The police will then forward the suspect's driver's license along with an affidavit stating the circumstances of the revocation to the Department of Revenue.

If the Department determines that the person is subject to license revocation, the department will issue a notice of  revocation if a notice has not already been served upon the person by the police. The notice of revocation must clearly specify the reason and statutory grounds for the revocation, the effective date of the revocation, the right of the person to request a hearing, the procedure for requesting a hearing, and the date by which a request for a hearing must be made. If, however, the Department determines that the person is not subject to license revocation, the DUI suspect will be notified of the Department's determination and any order of revocation served upon the person by the police will be rescinded.

The license revocation will go into effect 7 days following the date the notice of revocation was received. Notices that are mailed are deemed to have been received three days following the date the notice was mailed. If the suspect requests a hearing to contest the revocation, the temporary permit issued by the police will remain valid until a hearing is held in which a decision has been made. In order to obtain a hearing, a written request must be made within 7 days following the date the notice of revocation was received. The request for a hearing to contest a notice of revocation may be made on a form that is available at each office of the Department. Failure to timely request a hearing will result in the automatic revocation of the person's license.

Administrative Review Of Colorado DUI License Suspensions

The DUI offender may subpoena the police officer involved in the arrest and chemical testing to appear at the hearing. The hearing will be held as quickly as practicable, but not more than sixty days after the date the Department receives the request for a hearing. Written notice of the time and place of the hearing will be provided at least 10 days prior to the date of the hearing. All relevant evidence will be considered at the hearing, including the testimony of any law enforcement officer and the reports of any law enforcement officer that are submitted to the department. A hearing officer will preside over the hearing to consider the relevant evidence and to make a determination of whether there were proper grounds to revoke the person's license. The hearing officer's determination will be provided to the DUI offender in a written decision.

If the hearing officer determines the revocation was valid, the Colorado DUI offender may request a petition for judicial review in the district court in the county the person resides. The request for an appeal must be made within 30 days following the date the Department issues the final determination. If the District Court finds that the Department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination that is unsupported by the evidence in the record, the court may reverse the department's determination.