Serving Aurora, Denver Metro & Colorado | 15+ Years of DUI Defense
A DUI in Colorado can result in an immediate driver’s license suspension through the Colorado Department of Revenue. Drivers may face separate administrative penalties under the state’s Express Consent law, including license revocation, ignition interlock requirements, and SR-22 insurance. Even if a criminal DUI charge is reduced or dismissed, the DMV can still suspend a driver’s license.
If you are facing a DUI in Colorado, it is important to speak with an experienced Colorado DUI defense attorney who understands both the criminal case and the DMV process.
Driving under the influence (DUI) in Colorado occurs when a person operates a motor vehicle while substantially impaired by alcohol or drugs. Colorado law establishes a legal blood alcohol concentration (BAC) limit of 0.08%.
If a driver operates a vehicle with a BAC above this limit, they can face two separate legal proceedings. The first is a criminal case in court. The second is an administrative case through the Colorado Department of Revenue that determines whether the driver’s license will be suspended or revoked.
Colorado considers the ability to drive a privilege rather than a constitutional right. However, for most people, driving is essential for work, family responsibilities, and daily life. Because of this, it is important for anyone facing a DUI charge to understand how the process affects their driving privileges.
The Lawrence Law Firm represents individuals facing DUI charges throughout Aurora, Denver, and the surrounding Denver metropolitan area. Our firm helps clients navigate both the criminal case and the Colorado DUI License suspension process.
Colorado Express Consent and Driver’s License Revocation
Colorado has an Express Consent law that allows police to request a blood or breath test during a DUI investigation. Understanding how this process works is critical, and many drivers benefit from speaking with an experienced Colorado express consent hearing lawyer.
Understanding how this process works is critical, especially when paired with the criminal case. For a broader overview, see our Colorado DUI Defense guide.
Colorado has an Express Consent law, located at Colorado Revised Statute (“C.R.S.”) 42-4-1301.1. This statute allows law enforcement officers to request a blood or breath test from drivers suspected of DUI.
An officer must first have probable cause to believe the driver is impaired. Probable cause can come from several sources, including:
The odor of alcohol
Admissions of drinking
Poor driving behavior
Field sobriety test performance
If the officer believes the driver is impaired, they may require the driver to complete a chemical test.
If the test result shows a BAC above 0.08, the officer will submit an Express Consent affidavit to the Colorado Department of Revenue. This triggers a driver’s license revocation process separate from the criminal case. This process runs alongside the criminal case. To understand how both cases move forwards, see our guide on what happens after a DUI arrest.
Requesting a DMV Hearing
Drivers arrested for DUI often must deal with a separate administrative process involving the Department of Revenue. Learn more about the DMV hearing process after a DUI arrest and how it can impact your driving privileges.
After receiving an Express Consent Affidavit, the driver has two options.
If the driver does nothing, the revocation will automatically take effect on a specific date. In breath test cases, this is usually seven days after the arrest.
Blood tests take longer to process. In those cases, the Department of Revenue will mail a notice of revocation once the test results are available. The notice will include the date when the license revocation becomes effective.
Drivers may also request a DMV hearing. When a hearing is requested, the driver typically receives a temporary driving permit that remains valid until the hearing occurs.
Colorado law requires the hearing to occur within 60 days of the request.
What Happens at a Colorado DMV DUI Hearing?
A DMV hearing focuses only on driving privileges, not criminal guilt or innocence. This differs significantly from how DUI charges are handled in court. For more detail on the court process, see our guide to the Colorado DUI court process.
Because driving is considered a privilege, the legal standard used at the hearing is lower than the standard used in criminal court.
In criminal cases, the prosecution must prove guilt beyond a reasonable doubt. At a DMV hearing, the hearing officer only needs to find that the violation is proven by a preponderance of the evidence.
This means the evidence only needs to show that the violation was more likely than not.
The case is decided by a hearing officer, not a judge or jury. Evidence rules are also more relaxed than in criminal court.
If the hearing officer determines that the requirements of the Express Consent law were met, the driver’s license revocation will take effect immediately after the hearing.
How Long Is a DUI License Revocation in Colorado?
The length of a license revocation depends on the circumstances of the case.
For many drivers, the revocation periods are:
First DUI with chemical test: 9-month license revocation
First refusal to test: 1-year license revocation
Second DUI offense: 1-year license revocation
These revocation periods are established by statute and strictly enforced by the Colorado Department of Revenue.
Administrative Revocation After a DUI Conviction
In most cases, the criminal case and the DMV case are separate proceedings. The outcome of one does not automatically control the outcome of the other.
However, a DUI conviction can still result in an administrative revocation of driving privileges. This can occur in cases involving drug-related DUIs or repeat offenses. Learn more about DUID charges in Colorado and felony DUI cases.
Colorado law allows the Department of Revenue to revoke a license under C.R.S. 42-2-125 in certain circumstances. This can apply in cases involving:
Convictions for driving under the influence of drugs
Multiple DUI convictions within a short period of time
Drivers under the age of 21
Because these rules can become complex, it is important to speak with a criminal defense attorney who understands both DUI law and DMV procedures.
How Can You Get Your License Back After a DUI?
Many drivers can apply for a restricted license during the revocation period.
A restricted license typically requires the driver to install an ignition interlock device. This device prevents the vehicle from starting unless the driver provides a breath sample showing no alcohol.
These devices are commonly referred to as “blow-and-go” interlock systems.
Drivers may also be required to:
Obtain SR-22 insurance
Complete Level II alcohol education classes
Avoid driving for a specific waiting period
In some cases, a driver may simply complete the entire revocation period before applying to restore their license.
Because the process can vary depending on the facts of the case, it is important to understand the options available before making decisions about license reinstatement.
Where License Revocation Cases Are Handled
DMV hearings are conducted through the Colorado Department of Revenue, but DUI cases are prosecuted in local courts throughout the Denver metro area. Learn more about DUI defense in:
- Aurora DUI Lawyer
- Denver DUI Lawyer
- Douglas DUI Lawyer
- Arapahoe County DUI Lawyer
- Adams County DUI Lawyer
FAQ: DUI and Driver’s Licenses in Colorado
Can you lose your license immediately after a DUI in Colorado?
Yes. Colorado’s Express Consent law allows the Department of Revenue to suspend or revoke a driver’s license after a failed chemical test or refusal.
Can you still drive after a DUI arrest in Colorado?
In many cases drivers may request a DMV hearing and receive a temporary driving permit until the hearing occurs.
Speak With a Colorado DUI Defense Attorney
A DUI charge can have a serious impact on a person’s ability to drive. Even though Colorado law describes driving as a privilege, losing that privilege can significantly affect a person’s job, family responsibilities, and daily life.
The Lawrence Law Firm has been representing individuals facing DUI charges for more than 15 years. Our firm regularly handles cases in Denver, Aurora, Arapahoe County, Adams County, and Douglas County.
If you have been arrested for DUI and have questions about license revocation, DMV hearings, or restoring your driving privileges, contact our office today to request a free consultation.
