DOR Enforcement
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Express Consent

There are two types of express consent actions: those where you were asked to take a chemical test but refused, and those where you were asked to take a test, and the blood alcohol content ("BAC") was over 0.08 if you were 21, or over 0.02 if you were under 21. The length of the action is based on your overall record.

 

If you refused to take a test:

 

Refusals
 

Length of restraint

Probationary driver's license?

Early reinstatement?

1st offense

12 months

No

No

2nd offense

24 months

No

After 12 months

3rd offense

36 months

No

After 12 months

 

By law, refusal revocations cannot run concurrently with any other actions. 

 

If you were over 21, and your BAC was 0.08 or greater:

 

0.08 or Greater & Over 21

 

Length of restraint

Probationary driver's license?

Early reinstatement?

1st offense

9 months

No

After 1 month

2nd offense

12 months

No

No

3rd offense

24 months

No

After 12 months

 

If you were under 21, and your BAC was between 0.02 and 0.079:

 

Under 21 & BAC 0.079 or Less

 

Length of restraint

Probationary driver's license?

Early reinstatement?

1st offense

3 months

After 1 month if the result was under 0.05

No

2nd offense

6 months

No

No

3rd offense

12 months

No

No

 

If your BAC was 0.170 or higher:

 

If your chemical test was 0.170 or higher, or if you have repeat alcohol offenses, you will be required to have interlock ignition device for 2 years following reinstatement. For more information regarding the interlock ignition device, click here.

 

If you had a valid commercial driver's license:

 

If you have a commercial driver’s license or permit at the time you were stopped, regardless of the type of vehicle you were driving, a first offense is a one year revocation of your commercial privileges, and a second offense is a lifetime disqualification. If you were driving a commercial motor vehicle at the time of offense, and your BAC was between .04 and .079, a first offense is a one year revocation and a second is a lifetime disqualification. By law, there is no probationary driver’s license or early reinstatement permitted for commercial driving privileges.

 

Procedures specific to express consent cases:

 

After your arrest, if you refused or if you took a breath test, the officer will serve you with an Express Consent Affidavit and Notice of Revocation. This form will indicate that you have 7 days to request a hearing, otherwise the revocation will automatically go into effect on the 8th day. If you took a blood test, if the BAC is over 0.08 the DMV will mail you a notice giving you a 10 day timeframe from the date of their letter to request a hearing. Again, if you do not timely request a hearing, the revocation will automatically go into effect.

 

You are not required to request a hearing. You also do not need to request a hearing if you wish to be considered for early reinstatement. The only instance where one would need to request a hearing for driving privileges is for a minor on a first offense where their BAC was .05 or less. 

 

Early Reinstatement:

 

If you are seeking early reinstatement information and do not dispute the revocation, you may confirm your requirements by contacting Reinstatement at 303-205-5613 or clicking here

 While under suspension or revocation, you may not drive until your license is reinstated. 

 

Requesting a hearing:

 

If you do request a hearing, it must be made at a Department of Motor Vehicles office. While the Hearings Division conducts the hearings, the requests are made through the DMV.  

 

If you fail to timely request a hearing through the DMV, you may petition for a hearing in writing.  Your request must address why you didn't request a hearing within the timeframe (such as incarceration), and include your case number, license or identification card number, and a valid mailing address.  Written requests are sent to:

 

Mr. Steve Hooper
DMV-Driver Control Section
Room 164
Denver, CO 80261-0016  

 

When you initially request a hearing, you will be asked whether you want the officer who signed your Express Consent Affidavit to be present for the hearing.  If you do not request the officer to appear, the Hearing Officer will review the packet of documents to determine whether the statutory elements have been satisfied as well as consider any evidence you wish to present.  If you initially did not request the officer to be present and later wish to have them appear, or, if there are additional officers you would like to request, you will need to request a subpoena for their presence.

 

 

Once completed, you may fax in your request to 303-205-5700. If approved, you will need to make arrangements to have the officer personally served in accordance with the rules regarding service, and the subpoena must be served at least 5 days in advance of the hearing. 

 

 At the hearing:

 

At hearing, if you took a chemical test, the Hearing Officer will make a determination as to whether you drove or were in control of a motor vehicle in the State of Colorado and your BAC was .08 or greater. If you refused to take a chemical test, the issue is whether you drove or were in control of a motor vehicle in the State of Colorado and a law enforcement officer had probable cause to request a chemical test, and you refused to take a test. If the Hearing Officer determines that those elements have been satisfied by a preponderance of the evidence, then he or she is required to enter a revocation. 

The Hearing Officer does not have any discretion in the length of the revocation and may not authroize driving prior to reinstatement.

 

The express consent hearing is an administrative proceeding separate from the criminal matter. The express consent hearing only concerns your driving privileges while in the criminal matter, the judge has the authority to impose jail time, alcohol classes, community service, fines, etc. However, the judge in the criminal matter does not have any authority to change the outcome regarding your driving privileges, even if the case is dismissed by the judge. 

 

Legal Authority: C.R.S. § 42-2-126, C.R.S. § 42-4-1301, C.R.S. § 42-4-1301.1


*Disclaimer: This summary was prepared by the Department of Revenue Hearings Division and should be used as a reference only. Interested parties should refer to the full text of the law and seek legal counsel before drawing conclusions.