Express consent and license revocation for dui in colorado
Under Colorado’s express consent law, if you are suspected of driving under the influence of alcohol (DUI), you will be required to submit to a chemical test of your blood, breath or urine. Refusal to submit can lead to administrative actions against your driver’s license, including driver’s license suspension and revocation.
After your arrest, the DMV will send a Notice of Revocation that will advise you of your right to request a hearing. This is an administrative action and is not considered a criminal proceeding. It is critical that you respond to the notice and request a hearing within the seven-day period allowed by statute. If you do not do so, your license will be revoked automatically.
At the DMV hearing, the state is required to prove by a preponderance of the evidence that you violated the law. Usually, if the State of Colorado proves that it is more likely than not that you were operating a vehicle while your BAC was .08 or above, it will revoke your driving privileges for nine months. There are no exceptions that allow for probationary licenses, but you may petition for early reinstatement after 30 days.
If it is proven that you refused a BAC / breath test, the revocation will be one year, with no eligibility for early reinstatement.
Colorado Driver’s License Reinstatement
If you seek early reinstatement, you will be required to install an ignition interlock device on any vehicle you drive, and agree to use the device for the remaining eight months that your license would have been revoked. However, you may be eligible for an unrestricted license after four months of ignition interlock use.
To initiate the reinstatement process, you must obtain an SR22 certificate from your insurer. You must also complete and submit to the DMV an alcohol certification form and a license reinstatement application (and the $95.00 fee) as well as a notarized ignition interlock agreement affidavit.
If you have questions about the procedures or your rights to challenge the administrative penalties against your license, an experienced Boulder DUI attorney can help you.