top of page

It's complicated. Talk to the DMV.

I am not a DMV lawyer. You should NEVER take legal advice from any website. Talk to a lawyer. Talk to the DMV.

In general:

  1. See if the DMV has already taken action against your license.

    • Most likely because of a refusal to take a blood/breath test or that test showing a BAC over 0.08.

    • Look out for a “Express Consent Affidavit and Notice of Revocation” in the mail or from the officer.

  1. Find out if the criminal case could impact your license.

    • Usually via a DUI conviction or excess drivers license points.

  2. Make a plan for getting your license back.

    • Usually via early reinstatement with an interlock device.

    • Organize insurance, any required classes, interlock devices, etc.

Links

Useful Links

Driver Handbook

My DMV Portal

  • New / Renew / Change a License/ID

  • Payments and Reinstatements / Appointments and Hearings / Records

General Frequently Asked Questions

General Administrative Process

Reinstatement Information / 303-205-5613

Forms in Number Order

Treatment/Classes

Mandatory

Mandatory Revocations

They WILL REVOKE your license if: / § 42-2-125 (1) The department shall immediately revoke the license or permit of any driver or minor driver upon receiving a record showing that the driver has:

 

  • You are CONVICTED of driving:

    • Under the Influence of drugs and/or alcohol / (b) Been convicted of driving a motor vehicle while under the influence of a controlled substance, as defined in section 18-18-102(5), C.R.S.; / (b.5) In the case of a driver twenty-one years of age or older, been convicted of an offense described in section 42-4-1301(1)(a) or (2)(a). / (g.5) In the case of a minor driver, been convicted of UDD committed when such driver was under twenty-one years of age;

    • Under the Influence OR While Ability Impaired for the 2+ time in 5 years / (g)(I) Been twice convicted of any combination of DUI, DUI per se, or DWAI for acts committed within a period of five years;

    • Under the Influence OR Driving While Ability Impaired for the 3+ time / (i) Been convicted of DUI, DUI per se, or DWAI and has two previous convictions of any of those offenses.

    • Recklessly for the 3+ time in 2 years / (f) Been three times convicted of reckless driving of a motor vehicle for acts committed within a period of two years;

    • While your license is under restraint for the 2+ time in 5 years / under restraint for any reason . . . the defendant shall not be eligible to be issued a driver's or minor driver's license or extended any driving privilege § 42-2-138

    • A felony involving a vehicle / (c) Been convicted of any felony in the commission of which a motor vehicle was used;

    • A “CONVICTION” means “a sentence imposed following a plea of guilty or nolo contendere, a verdict of guilty by the court or a jury, or an adjudication of a delinquency” § 42-2-124 (3)

      • HOWEVER, “a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence or deferred adjudication” § 42-4-1307 (2)(b)

 

  • You get too many POINTS on your license:

    • If over the age of 21, you receive:

      • 12 points in 12 months

      • 18 points in 24 months

      • § 42-2-127 (1)(a) . . the department has the authority to suspend the license of any driver who, in accordance with the schedule of points set forth in this section, has been convicted of traffic violations resulting in the accumulation of twelve points or more within any twelve consecutive months or eighteen points or more within any twenty-four consecutive months

    • If between the ages of 18 and 20, you receive:

      • 9 points in 12 months

      • 12 points in 24 months

      • 14 points between 18 and 21

      • in the case of a minor driver eighteen years of age or older, who has accumulated nine points or more within any twelve consecutive months, or twelve points or more within any twenty-four consecutive months, or fourteen points or more for violations occurring after reaching the age of eighteen years

    • If under 18, you receive:

      • 5 points in 12 months

      • 6 points before turning 18

      • in the case of a minor driver under the age of eighteen years, who has accumulated more than five points within any twelve consecutive months or more than six points for violations occurring prior to reaching the age of eighteen years

    • Point schedule: / § 42-2-127 (5)

      • Alcohol/Substance

        • Driving under Influence = 12

        • Driving while Impaired = 8

        • Underage Infl./Imp. = 4

      • Authorization Issues

        • Driving under Restraint = 3

        • 2nd Time No License = 6

        • No Insurance = 4

      • Driving Behavior

        • Reckless = 8

        • Careless = 4

        • Careless + SBI = 12

        • Careless + Death = 12

        • Eluding = 12

        • Attempt Eluding = 12

      • Speeding

        • Speed 1-4 = 0

        • Speed 5-9 = 1

        • Speed 10-19 = 4

        • Speed 20-39 = 6

        • Speed 40+ = 12

        • Speed Exhibition = 5

        • Speed Contest = 12

      • Misc Issues

        • Improper Pass = 4

        • Improper Turn = 3

        • Following too Close = 4

        • No Yield Pedestrian = 4

        • Fail to Reduce = 3

        • Defective Lights = 1

        • Unsafe Vehicle = 2

        • No Lights = 2

        • No Seatbelt = 2

Admin

Administrative Revocations

Note that via an administrative revocation, your license can be revoked even if the DUI criminal case is dismissed, you win at trial, or you have not been convicted yet.

 

They WILL REVOKE your license if: / § 42-2-126 (3)(I) The department shall revoke the license of a person for:

  • A chemical test taken within two hours of driving shows a BAC of over 0.08 / (b) “Excess BAC 0.08” means that a person drove a vehicle in this state when the person's BAC was 0.08 or more at the time of driving or within two hours after driving.

  • You refuse a chemical test / (h) “Refusal” means refusing to take or complete, or to cooperate in the completing of, a test of the person's blood, breath, saliva, or urine

  • If under the age of 21, a chemical test taken within two hours of driving shows a BAC of over 0.02 / (d) “Excess BAC underage” means that a person was under the age of twenty-one years and the person drove a vehicle in this state when the person's BAC was in excess of 0.02 but less than 0.08 at the time of driving or within two hours after driving.

 

Process for Administrative Proceedings: / § 42-2-126 (7)-(8)

  • You will receive a “Notice of Revocation”

    • If you refused a test OR gave a breath test you will be given an “Express Consent Affidavit and Notice of Revocation”.

    • If it was a blood test they will mail you a “Notice of Revocation” when they have the results.

      • The notice “shall be deemed received three days after mailing,” whether you actually received it or not.

      • It will be mailed to the address on your driver’s license. If that is out of date, call the DMV and update it.

  • You must request a hearing within 7 days.

    • You can do it in person at a DMV office. Go to the main branch: 1881 Pierce St. Lakewood, Colorado 80214

    • You can request a hearing in writing via US mail: 1881 Pierce St. Lakewood, Colorado 80214

    • You can do it by email to dor_hearingrequest@state.co.us

    • You can do it with their online form: https://mydmv.colorado.gov/ (Driver/ID Services > Request a hearing)

  • If you do not request a hearing in time, you can petition and submit a Request For a Late Hearing

    • Your written request must clearly state why you didn't request a hearing on time initially, (such as incarceration), and include your case number, license or identification card number, and a valid mailing address.

    • There is no specific form to use; you may submit your request via email to the Express Consent Unit at dor_hearingrequest@state.co.us

  • You can subpoena the police officer to appear for the hearing.

    • If they do not appear for the hearing, you may ‘win’ the hearing via a dismissal.

    • You can request that the DMV subpoenas the officer. This is the best practice, especially if it is a breath test.

    • You can subpoena the officer yourself. It must be served at least five calendar days before the day of the hearing.

  • The hearing will be scheduled within 60 days.

    • It will be by video, on zoom. It lasts about 20 minutes.

    • They have to tell you about the hearing date and manner at least 10 days beforehand, via mail to the last address.

  • At the hearing:

    • The Hearing Officer will review the documents submitted by the DMV.

    • The Hearing Officer will also consider any evidence or testimony you wish to present. ANYTHING YOU SAY CAN BE USED AGAINST YOU IN THE CRIMINAL CASE.

      • You may submit evidence, including the body worn camera from your criminal case, by emailing it to dor_info@state.co.us at least 7 days prior to the hearing. There is also an evidence submission form on this webpage.

    • You can challenge the validity of the traffic stop. / § 42-1-228 the driver may challenge the validity of the law enforcement officer's initial contact with the driver and subsequent arrest of the driver. If . . . the evidence does not establish that the initial contact or arrest was constitutionally and statutorily valid, the driver is not subject to license revocation.

    • If the Hearing Officer determines by a preponderance of the evidence that there are grounds for an administrative revocation then he or she is required to enter a revocation.

  • After the hearing:

    • You should request the audio using a form on this webpage. Especially if the officer testified.

    • The hearing officer will send you a written ruling. / § 42-2-126 The hearing officer shall render a decision in writing, and the department shall provide a copy of the decision to the respondent.

    • You can appeal the decision within 35 days of the final determination.

      • a person aggrieved by the determination has the right to file a petition for judicial review in the district court in the county of the person's residence

      • Judicial review of the department's determination shall be on the record without taking additional testimony. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination that is unsupported by the evidence in the record, the court may reverse the department's determination.

 

Term of Revocation: / § 42-2-126 (3)

  • If you were older than 21 at the time of driving AND the BAC was above 0.08:

    • 1st violation: license revoked for 9-months.

    • 2nd violation: license revoked for 1-year.

    • 3rd+ violation: license revoked for 2-years.

  • If you were under the age of 21 at the time of the driving AND the BAC was between 0.02 and 0.08: / § 42-2-126 (3)(b)

    • 1st violation: license revoked for 3-months.

    • 2nd violation: license revoked for 6-months.

    • 3rd+ violation: license revoked for 1-year.

  • If you refused a blood or a breath test:

    • 1st violation: license revoked for 1-year.

    • 2nd violation: license revoked for 2-years.

    • 3rd+ violation: license revoked for 3-years.

  • If you are classified as a Habitual Traffic Offender / § 42-2-202

    • This means any person who:

      • Is convicted of 3 "qualifying offenses" which occurred over a 7-year period (based on date of violation, not conviction).

        • Driving while ability impaired (DWAI)

        • Driving under the influence (DUI)

        • Driving under suspension or revocation (DUR)

        • Reckless driving

        • Vehicular assault

        • Vehicular homicide

        • And some others

      • Is convicted of 10 “qualifying offenses” which occurred over a 5-year period (based on date of violation, not conviction).

        • Moving/traffic violations of 4 or more points each.

      • Is convicted of 18 “qualifying offenses” which occurred over a 5-year period (based on date of violation, not conviction).

        • Moving/traffic violations of 3 or less points.

    • This can result in your license being revoked for 5 years / § 42-2-205 (a) For a period of five years from the date of the order of the department finding such person to be an habitual offender except as may be permitted by section 42-2-132.5; and (b) Until such time as financial responsibility requirements are met.

Reinstate

Reinstatement Procedures

This link has a really nice break down in more detail: Reinstatement Frequently Asked Questions

BUT it is not always the most up to date on the law.

 

The DMV has broad discretion. These time periods are often the minimum suspension time.

The below applies to offenses on or after January 1st, 2023. The requirements are different for offenses before then.

 

General Requirements for Reinstatement:

  • Forms and fees:

    • Fill out an Application for Reinstatement.

    • Pay the associated costs and fees.

      • Usually includes a $95.00 reinstatement fee and $25.00 DUI restoration fee.

    • Provide an SR-22 from your insurance company and maintain it for the required period following reinstatement.

    • You may have to fill out a Certification form (check with the DMV).

    • You can mail in the above, or you can submit documents on the MyDMV site under “Payments and Reinstatements.”

  • Have an Interlock installed in every vehicle you either own or may drive.

  • If your BAC was over 0.15 OR there is a Persistent Drunk Driver (see below) designation:

    • The department shall require the person to complete a level II alcohol and drug education and treatment program certified by the behavioral health administration.

      • You have to file with the department proof of current enrollment in a level II alcohol and drug education and treatment program.

      • Provider Search via the Colorado Behavioral Health Administration

      • Affidavit of Enrollment

      • The Level II alcohol and drug education and treatment may also cover probation requirements.

        • Ask your attorney about it, but generally:

          • Choose Level II Track C if the BAC is below 0.15.

          • Choose Level II Track D if the BAC is above 0.15 OR it was a refusal of a test.

 

Early Reinstatement on Interlock, only available for alcohol-related offenses:

  • Limited to drivers who:

    • Are of residents Colorado.

    • Are 21 years of age or older at the time of the violation.

      • A person who is less than twenty-one years of age at the time of the offense may not apply for early reinstatement until the person's license has been revoked for 1-year.

    • Have satisfied all reinstatement requirements (other than time).

  • Drivers wishing to know if they are eligible to participate in the Interlock program should call Driver Services at 303-205-5613 to inquire about early reinstatement. You can also check your eligibility and reinstatement steps by purchasing a non-certified driving record at this link.

 

Interlock Device Reinstatement:

  • You will be required to have an ignition interlock device if it is a:

    • 1st DUI conviction OR 1st offense with a BAC over 0.08:

      • No other driving restraint on your license at the time:

        • BAC below 0.149: 9-month Interlock requirement (9-month revocation period and interlock requirement runs concurrently).

        • BAC above 0.15: 2-year interlock requirement.

        • May be eligible to reinstate early on the first day the revocation action goes active.

      • You were under a separate driving restraint:

        • May be eligible to reinstate early after either a 9-month interlock requirement (2 years for Persistent Drunk Driver Designation, see below) or the remainder of the longest restraint period and approved by the Department for early reinstatement.

    • 2nd+ DUI conviction OR 2nd+ offense with a BAC over 0.08:

      • 2-year interlock requirement.

      • May reinstate early on the first day the action goes active, 2-year Interlock requirement. (See Early Reinstatement with Interlock).

    • If you refused to submit to chemical testing:

      • 2-year interlock requirement.

      • May be eligible to reinstate early after serving 2-months of suspension.

 

There are driver designations which can result in longer suspensions or more requirements for reinstatement:

  • Persistent Drunk Driver / § 42-1-102 (68.5)(a)

    • Any person who:

      • 2+ alcohol-related driving violations / (I) Has been convicted of or had his or her driver's license revoked for two or more alcohol-related driving violations;

      • Prior alcohol related license restraint / (II) Continues to drive after a driver's license or driving privilege restraint has been imposed for one or more alcohol-related driving offenses;

      • BAC of 0.15 or more / (III) Drives a motor vehicle while the amount of alcohol in such person's blood, as shown by analysis of the person's blood or breath, was 0.15 or more grams of alcohol per one hundred milliliters of blood or 0.15 or more grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving; or

      • Refused testing / (IV) Refuses to take or complete, or to cooperate in the completing of, a test of his or her blood, breath, saliva, or urine as required

  • Habitual Traffic Offender: / § 42-2-132.5

    • You may be eligible to reinstate early if the revocation was due in part to a DUI, DUI per se, or DWAI conviction.

    • It gets complicated, as always, talk with a lawyer.

 

First-Time Offender Interlock Removal / § 42-2-132.5 (4)(B)

  • This DOES NOT apply for those with a Persistent Drunk Driver designation.

  • If you have four consecutive monthly reports on an interlock device, showing that there has not been any interruption, excessive breath alcohol content, or tampering/circumvention with the device, you may be eligible for a normal license again. / shall be eligible for a license without the restriction required by this section if the department's monthly monitoring reports required in subsection (6) of this section show that, for four consecutive monthly reporting periods, the approved ignition interlock device did not interrupt or prevent the normal operation of the motor vehicle due to an excessive breath alcohol content or did not detect that there has been tampering with the device, there have been no other reports of circumvention or tampering, and there are no grounds to extend the restriction pursuant to paragraph (d) of subsection (7) of this section

  • The DMV will service you a notice of eligibility if so.

  • If they do not serve you a notice of eligibility but you believe you should be eligible, you can request a hearing.

 

Financial Assistance:

  • The Department of Revenue administers an account established to provide financial assistance for first-time offenders installing an ignition interlock device or those designated as persistent drunk drivers.

  • If you qualify for assistance and funds are available, the Department may pay for a portion of your interlock device cost.

  • Eligibility is determined at the time of your interlock installation and following criteria apply:

    • You are either a first-time offender or have been designated as a persistent drunk driver.

    • You are lawfully present in the U.S. and a Colorado resident.

    • You were an adult driver (21 years of age) at the time of the violation.

    • Your Federal Adjusted Gross Income (FAGI) on the State of Colorado tax file falls within a predetermined percentage of the current years Poverty Guidelines established by Health and Human Services.

  • You can apply through the state-approved Ignition Interlock provider at the time of installation.

  • You can appeal if denied. Here is more information.

 

Probationary Licenses – A rare other option only granted at a hearing. / § 42-2-127 (12)-(14)

  • A probationary driver license is a license to drive, for limited purposes, usually driving to and from the place of employment or to perform duties in the course of employment, during the term of a license suspension. A driving privilege for Commercial Vehicles is not granted. / § 42-2-127, C.R.S. (14)(a)(I) for the purpose of driving for reasons of employment, education, health, or alcohol and drug education or treatment

    • This license will be valid for ninety days.

  • At the time of your hearing, you will need to speak to your hearing officer about the issuance of a probationary driver license. If you are under suspension and have not had a hearing, you will need to contact the hearing section at 303-205-5606 and request a hearing.

  • Requirements and limitations

    • If considered a persistent drunk driver, you still need an interlock device.

    • You must bring with you a letter of employment, evidence of insurance, surrender your regular license and pay the fee of $6.00. You may not be under any other current restraint action.

      • All tickets must be paid prior to the issuance of any probationary license.

    • You may be required to enroll in education and treatment to obtain the license. /

  • The DMV can refuse to issue a probationary licenses because of points, aggravating circumstances, or other reasons up to the hearing officer / the department shall make specific findings of fact to support such refusal.

Courses

Education and Treatment Courses

You can start on some of the requirements of probation and the DMV requirements at the same time!
Generally cannot hurt, just be careful about choosing the right one. Or at least get a plan to be able to start one.

​

Here is the DMV's chart which generally (no promises, always up to probation) tracks what probation will require as well:

Courses.jpg

You can use the Colorado Behavioral Health Administration’s provider search to find a location for education and treatment.

​

At the top you can narrow the location.

On the left you can specify the type of treatment and the payment type.

Always call to confirm they are certified and have the level and track that you will need.

Courses 2.png
courses 3.png

Keep copies of sign-up or session confirmations and send them to your attorney.

bottom of page