In Colorado, the Department of Revenue (Department) controls driver licenses. There are many bases for the Department to place a restraint on one’s driver license. Below are some of the main reasons for receiving a license restraint based on drinking and driving. This information is applicable to non-commercial driver license holders. The information below is not intended to be a complete list. The Colorado Department of Revenue's website is: www.revenue.state.co.us/mv_dir/home.asp
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Point Suspension (C.R.S. 42-2-127)
For adults over age 21, the Department may suspend a driver license if a driver receives 12 points in a 12-month period or 18 points in a 24-month period. A conviction for DUI causes 12 points on one’s record, which can cause a suspension. A conviction for DWAI causes only 8 points on one’s record. Therefore, if a driver with 0 points is convicted of DWAI he or she must avoid receiving 4 additional points for a period of 12 months, or 10 additional points for a period of 24 months.
The Department maintains a helpful brochure regarding point suspensions at: http://www.revenue.state.co.us/mv_dir/formspdf/4665.pdf.
Revocation Based On High B.A.C. (C.R.S. 42-2-126)
Even if you are found not guilty of DUI and DWAI, your test results may cause a license revocation. For adults over age 21, your license may be revoked if you provide a sample of blood or breath that reveals your blood/breath alcohol content (B.A.C.) was .08 or higher within two hours of driving. For the first violation, the revocation period is 90 days, though you may be granted a restricted license after 30 days. For each subsequent violation, the revocation period is one year
Revocation Based On Refusing To Take A Test (C.R.S. 42-2-126)
If an officer, with probable cause to arrest, requests a sample of your blood, breath, urine or saliva, and you refuse to provide such sample, the Department may revoke your license. For the first violation, the revocation period is one year. For a second violation, the revocation period is two years. And for a third violation, the revocation period is three years.
*Notice Of Revocation*
When revoked for either a high B.A.C. or refusing a test, an officer, or the Department, will provide you with a “Notice of Revocation” document. You will have seven(7) days from the date of the notice to request a hearing. If you do not request the hearing, your license will be revoked on day 7. If you do request a hearing, you will be issued a temporary permit, allowing you to drive until the date of the hearing.
Revocation Based On Prior Convictions (C.R.S. 42-2-125)
The Department will revoke the license of any adult over the age of 21 if their records reveal two convictions within a 5-year period for either DUI or DWAI. The period of revocation is limited to one year. Following the period of revocation, drivers revoked pursuant to this provision must operate under a restricted license for an additional period.
The Department will also revoke the license of any adult over the age of 21 if convicted for either DUI or DWAI when that adult has two prior convictions for either DUI or DWAI. The period of revocation pursuant to this provision is indefinite, but at least two years. Further, these individuals must complete a level II alcohol and drug treatment program and undergo the regular motor vehicle testing process before a license may reissue.
Revocation As Habitual Traffic Offender (C.R.S. 42-2-203)
The Department will revoke the license of anyone who recieves three convictions for either DUI or DWAI within a seven-year period.
