Express Consent / License Hearing
If your blood or breath alcohol content was .08 or above within tw0 (2) hours after you were in “actual physical control” of your vehicle, (i.e., driving) or you refused to submit to a chemical test at any time, you will be subject to a revocation of your driving privileges. The limit is .04 BAC for commercial drivers.
You must request an express consent hearing within seven (7) days of your arrest if you took a breath test or you refused a test, or within seven (7) days of receiving a Notice in the mail from DMV if you took a blood test.
You can make your request at any DMV driver’s license office. The hearing will take place between 40 and 60 days after your request.
DMV should issue you a full-privilege temporary drivers license which will be valid until the day of your express consent hearing if you had a valid drivers license when you were arrested
The DMV Hearing Officer will decide the following:
Were you driving a motor vehicle in Colorado?
Did the arresting officer have probably cause to stop or contact you?
Did the arresting officer have probable cause to request you to submit to a blood or breath test?
Was a valid blood or breath test administered with two (2) hours of your actual physical control of the vehicle?
Or, was there a valid refusal to take a blood or breath test.
On January 1, 2009, Colorado radically changed the express consent / drivers license penalties. Many defense attorneys, District Attorneys and Judges may not be aware of these changes or many not fully appreciate the ramifications of the new laws.
First Time Offenses –except for Minors
- BAC between .08 - .169 will result in a 9 month revocation.
- After 30 days you may reinstate early with an 8 month Interlock restricted License.
- If you are unable to afford an interlock device you may apply for financial assistance through the DMV.
- The interlock may be removed if: There are 4 consecutive monthly reporting periods that show the interlock device did not prevent the operation of the vehicle due to excess alcohol; there have been no reports of tampering or circumvention; there are no grounds to extend the interlock.
- A Driver who meets the above criteria and is not notified of the fact may request a hearing to determine whether the interlock device can be removed.
- The driver has the burden of proof that the interlock restriction should be removed.
- BAC > .170 will result in 9-month revocation.
- After 30 days you may reinstate early with a 2 year Interlock restricted license. There is no time off for good behavior. The 2 years is the absolute minimum interlock requirement.
2nd Administrative Revocation in a lifetime
- 1 yr revocation with no early reinstatement.
3rd Administrative Revocation in a lifetime
- 2 year revocation and eligible for early reinstatement after 1 year with an interlock requirement for 2 years.
Refusals
- 1st refusal – 1 year revocation.
- 2nd refusal – 2 year revocation but eligible for early reinstatement with interlock after one year.
- 3rd refusal – 3 year revocation but eligible for early reinstatement with interlock after one year and must have the interlock for the remaining 2 yrs.
Minors
- BAC .02- .049.
- 1st offense – 3 month revocation.
- Can request PDL after 30 days and must have PDL for remaining 2 months.
- 2nd offense- 6 month revocation.
- No Probationary Drivers License (PDL).
- 3 or more offenses – 1 year revocation.
- BAC > .08.
- Treated same as an adult, however, there is no early reinstatement with interlock on 1st offense.
Multiple Criminal Alcohol Convictions
- 2 convictions in 5 years (any combination of DUI or DWAI).
- 1 year revocation no early reinstatement.
- Reinstatement after 1 year requires 2 year interlock requirement.
- Cannot have interlock removed early.
- 3 or more convictions in a lifetime (any combination of DUI or DWAI).
- 2 year revocation followed by 2 years on interlock.
- May reinstate early after 1 year with a 3 yr interlock requirement.
Point Suspensions
- There will no longer be a mandatory one year suspension for a DUI conviction. This is critical in the defense of your criminal case. Many defense attorneys may not know of, or appreciate the ramifications of, this change.
Commercial Driver’s License
- CDL is revoked for 1 year on first offense between BAC .08 - .169.
- BAC > .170 driver will not be able to obtain CDL until interlock requirement is removed which is at least 2 yrs and 1 month.
- It does not matter if you were driving your personal vehicle or not.
- 2nd Offense will result in lifetime disqualification of CDL.
- Lifetime disqualification only applies if both offenses were after the holder obtained the CDL and both offenses also occurred after October 1, 2005.
Interlock Extension
- The Interlock requirement may be extended for anyone for up to one year, if 3 monthly monitoring reports in any 12 month period, show the interlock prevented the operation of the vehicle due to excessive blood alcohol content.
Trying to decide which attorney to hire for your DUI case or traffic ticket?
http://www.avvo.com http://www.superlawyers.com Super%20lawyer%20Article.pdf
303-522-2220 gary @piroskolaw.com
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