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Police officers in Colorado can issue Express Consent Affidavit and Notice of Revocation to the Division of Motor Vehicles (DMV). You could receive a DUI criminal citation or an Express Consent Affidavit or just the criminal citation or just the Affidavit or both. The criminal charge of DUI is processed in criminal court and carries certain penalties, fines and Court ordered requirements. The Affidavit is a civil matter that also carries separate and additional sanctions against your driver license. If you receive a criminal conviction, 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. For an explanation of the administrative sanctions that can be imposed by the DMV (separate from the criminal court orders), see Colorado Statute 42-2-126 and 42-2-132.5.
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 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.
Minor in Possession (MIP) Convictions - The length of revocation for a minor in possession conviction varies:
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