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Following a stop for an alcohol and/or drug related driving offense you may be issued an Express Consent Affidavit and Notice of Revocation by the police officer or the Division of Motor Vehicles (DMV). If the arrest results in conviction for an alcohol related driving or other offense, additional actions may be taken by the DMV against your license. Convictions for providing alcohol/marijuana to a minor or possessing alcohol/marijuana as a minor can result in the DMV revoking your license. The DMV typically sends out notice by mail prior to taking any action against your license.
Following a restraint because of an alcohol related driving offense, you may be eligible to early reinstate with an interlock device. Please contact DMV about eligibility for early reinstatement and the length of time you will be required to have an interlock device.
Express Consent Revocation
The issues in an Express Consent Revocation are:
1. Did you operate a vehicle with a breath alcohol content (BAC) of .08 or higher at or within two hours of the time of driving? OR
2. Did you refuse to take, select, or cooperate in the completion of a chemical test when a law enforcement officer had probable cause to suspect an alcohol and/or drug related driving offense had been committed?
There is a different (and lower) standard of proof for the Express Consent Revocation hearing, than there is in the criminal case.The Hearing Officer will make decisions based on a preponderance of evidence standard and has a follows the Colorado Rules of Administrative Procedure in 24-4-105.
If you have an interlock-restricted license, you may face additional departmental actions if:
1) There is evidence submitted to the DMV that the interlock device prevented or interrupted the normal operation of your vehicle in three of any twelve consecutive months (See “Excess Breath Alcohol Content” below); OR
2) There is evidence submitted to the DMV that you circumvented the device (See “Interlock Circumvention or Tampering” below).
If you have Excess Breath Alcohol Content in three or more months over a total of twelve consecutive months, your interlock requirement may be extended by up to an additional year. If you continue to accumulate Excess Breath Alcohol Content after an extension you may receive more than one extension. Excess Breath Alcohol Content means the level of breath alcohol established by the Department at which an Ignition Interlock Device should prevent or discontinue normal operation of a motor vehicle or otherwise indicate a violation. The level of breath alcohol is 0.025 g/dL or greater. Some interlock companies may also use the terminology “lockout,” but this is not the same as the legal definition.
After you receive notice of an extension, you may contact the Hearings Division to request a hearing.The Department of Motor Vehicles will send you a copy of the interlock reports. At the hearing, the Hearing Officer will review the dates in question with you and make a determination in regard to whether or not each date is a BAC event. BAC events are an interruption or prevention of the normal operation of a motor vehicle by an Ignition Interlock Device due to excess breath alcohol content. If you have sufficient BAC events for extension, the Hearing Officer will review aggravating and mitigating factors with you and make a determination in regard to the length of extension.
Your driving privileges may be revoked for circumventing or tampering with your interlock device under two circumstances:
1. A conviction for circumventing/tampering with an interlock device.
If you are convicted of tampering with your interlock device in a criminal case, your driving privileges shall be revoked once the court notifies the Division of Motor Vehicles (DMV) of that conviction.
You may request a hearing, but if the action is based upon a conviction the only issue at the hearing is whether the conviction was correctly reported by to the court to the DMV.
2. Sufficient evidence showing circumvention or attempted circumvention of the interlock device.
Reports from a police agency or your interlock provider may be used to show that you circumvented or attempted to circumvent the interlock device.
In this hearing, a Hearing Officer will review the evidence, as well as any evidence or testimony you would like to submit, to decide if the revocation is required.
If a revocation occurs under these circumstances, no driving privileges can be granted. The duration of this revocation is either for one year or the time remaining on your original interlock requirement, whichever is longer.
Minor in Possession (MIP) Convictions - The length of revocation for a minor in possession conviction varies:
You are required to carry insurance on the vehicle you are driving (Compulsory Insurance Law, C.R.S. §42-4-1409). If you are stopped by an officer and cannot demonstrate valid insurance at the time of the stop, you may be served with an Affidavit and Notice of Suspension.
Within seven days of receipt of the Affidavit and Notice of Suspension you must 1) provide proof of insurance at the time of the offense to the DMV; 2) obtain SR-22 insurance; or 3) request a hearing through the DMV. If you do not provide anything to the DMV and/or do not request a hearing, your license will be suspended on the 8th day. If you timely request a hearing, you may be granted a temporary permit which would let you drive until the day of the hearing.
Proof of current insurance is required to request a hearing. The only issue at the hearing is whether you had a valid insurance policy in effect on the day you were ticketed. If your license is suspended, you will have to obtain SR-22 insurance to reinstate. On a second suspension, your driving privileges will be suspended for four months, and on a third or subsequent suspension, your driving privileges will be suspended for eight months.
Legal Authority: C.R.S. § 42-2-127.7
If your license could be suspended for this reason, the DMV will send you a letter regarding this suspension and you may request a hearing on the matter.The hearing officer will first decide if you had insurance at the time of the accident. If the hearing officer determines that you did not have insurance in effect at the time of the accident, your license will be suspended. You will have to provide evidence that you have obtained appropriate SR-22 insurance for three years in order to reinstate from this suspension.
Legal Authority: C.R.S. § 42-7-420, C.R.S. §42-7-408
If you are required to carry SR-22 insurance and do not carry it or it expires, your driving privileges may go under suspension. If you receive a traffic ticket while you are suspended for not carrying SR-22 insurance and are convicted of that traffic offense, your driving privileges will be revoked. The revocation is for one year from the conviction date, not the violation date.
You may request a hearing, but the only issues to be decided at the hearing are whether you were convicted of a traffic offense when you were required to have SR-22 insurance and whether you had SR-22 insurance in effect on the day of the violation. Under these circumstances, no driving privileges may be granted while you are under revocation for this reason.
The owner of a vehicle may face a loss of driving privileges if a driver who has no ownership interest in the vehicle is involved in two or more independent alcohol offenses while driving the owner’s vehicle. An alcohol offense for this case is defined as: a) the driver was asked to take a chemical test and refused to do so, or b) the driver took a test, with a breath or blood alcohol content result measured at or over .08 as an adult or at or over .02 as a minor.
After the second separate alcohol offense, the DMV will notify the owner, who will have to obtain SR-22 insurance or go under suspension.
You may request a hearing on the matter. The two issues to be decided at the hearing are whether a driver committed two alcohol offenses using the same vehicle and whether you have or had an ownership interest in the vehicle at the time of the alcohol offenses. Under these circumstances, no driving privileges can be granted if you are suspended for this reason. The registered owner of the vehicle will need to carry SR-22 insurance for three years to reinstate his or her driving privileges, in addition to anything else that is required.
The DMV may suspend your license if you fail to satisfy a final judgment or fail to comply with the terms of any order of restitution. This suspension can happen in three ways:
1) You were involved in a motor vehicle accident and someone else received a judgment against you. The DMV must suspend your license if they receive an affidavit from the other party saying that you failed to pay the required money for a period of 30 days; or;
2) You have an installment plan for the unpaid money and failed to make a required payment; or,
3) You owe restitution for a criminal case involving a motor vehicle and have not complied with the restitution order.
If your license is suspended, you cannot drive until the judgment is satisfied or the terms of the order of restitution are satisfied and you take appropriate action to reinstate your license. A court order of satisfaction must be provided to be reinstated.
Legal Authority: C.R.S. § 42-7-401
Disclaimer: This summary was prepared by the Department of Revenue Hearing 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 interested parties should refer to the full text of the law and seek legal counsel before drawing conclusions