Colorado Administrative Hearings

In Colorado when you are accused of Driving a vehicle while Under the Influence, you have the right to have an Expressed Consent hearing at the DMV to fight to keep your license. Our firm has extensive experience at these administrative hearings.

You must request a hearing on this matter. If you do not go to the DMV to request a hearing to fight for your license, the DMV will automatically suspend your license without giving you the opportunity to have a hearing. Read more >>

Colorado has changed its laws and penalties regarding DUI’s and driver's license ramifications, effective January 1, 2009 the following went into effect:

• Administrative License Revocations
• First Time Offenses –except for Minors
• BAC between .08 - .169 will result in a 9 month revocation
• After 30 days you may reinstate early with an 8 month Interlock restricted License
• Persons unable to pay the full cost of the interlock may apply for financial assistance through the DMV
• Interlock may be removed if:
• There is 4 consecutive monthly reporting periods that show the interlock device did not prevent the operation of the vehicle due to excess alcohol
• There have been no reports of tampering or circumvention
• There are no grounds to extend the interlock
• A Driver who meets the above criteria and is not notified of the fact, may request a hearing to determine eligibility to remove the interlock device
• The driver has the burden of proof that the interlock restriction should be removed
• BAC > .170 will result in 9 month revocation
• After 30 you may reinstate early with a 2 year Interlock restricted license
• There is no time off for good behavior. The 2 years is the absolute minimum interlock requirement
• 2nd Administrative Revocation in a lifetime
  • 1 yr revocation with no early reinstatement
• 3rd Administrative Revocation in a lifetime
  • 2 yr revocation and eligible for early reinstatement after 1 yr with an interlock requirement for 2 yrs
• Refusals
  • 1st refusal – 1 year revocation
  • 2nd refusal – 2 year revocation but eligible for early reinstatement with interlock after one year
  • 3rd refusal – 3 year revocation but eligible for early reinstatement with interlock after one year and must have the interlock for the remaining 2 yrs

• Minors
• BAC .02- .049
  • 1st offense – 3 month revocation
    • Can request PDL after 30 days and must have PDL for remaining 2 months
  • 2nd offense- 6 month revocation
    • No PDL
  • 3 or more offenses – 1 year revocation
  • No PDL
• BAC > .08
  • Treated same as an adult, however, there is no early reinstatement with interlock on 1st offense

• Multiple Criminal Alcohol Convictions
  • 2 convictions in 5 yrs (any combination of DUI or DWAI)
    • 1 year revocation no early reinstatement
    • Reinstatement after 1 year requires 2 year interlock requirement
      • Cannot have interlock removed early
  • 3 or more convictions in a lifetime (any combination of DUI or DWAI)
    • 2 year revocation followed by 2 years on interlock
    • May reinstate early after 1 year with a 3 yr interlock requirement

• Point Suspensions
  • There will no longer be a mandatory one year suspension for a DUI conviction

• Commercial Driver’s License
  • CDL is revoked for 1 yr on first offense between BAC .08 - .169
  • BAC > .170 driver will not be able to obtain CDL until interlock requirement is removed which is at least 2 yrs and 1 month
  • It does not matter if you were driving your personal vehicle or not
  • 2nd Offense will result in lifetime disqualification of CDL
    • Lifetime disqualification only applies if both offenses were after the holder obtained the CDL and both offenses also occurred after October 1, 2005

• Interlock Extension
  • The Interlock requirement may be extended for anyone for up to one year, if 3 monthly monitoring reports in any 12 month period, show the interlock prevented the operation of the vehicle due to excessive blood alcohol content.

Contact a Colorado DUI Attorney for help with your case today!