Blew .08 or Higher in Colorado? What Happens to Your Driver’s License

A DUI arrest with a breath or blood test of .08 or higher starts two separate cases. One is the criminal case in county court. The other is an administrative case at the Colorado Division of Motor Vehicles (DMV), which decides whether your driver’s license will be revoked.

The DMV case moves fast. It can take your license long before your criminal case is resolved, and it does not wait for a conviction. In fact, you can be found not guilty in court and still lose your license at the DMV. The decisions you make in the first seven days after your arrest can determine whether you keep driving.

This page explains what happens to your license after a .08 test, how long a revocation lasts, how to get back on the road, and how the rules are changing on June 1, 2027. If you refused a test instead, see my page on DUI Test Refusal in Colorado.

The First Seven Days

Breath Tests: The Notice of Revocation

If you took a breath test that showed .08 or more, the officer will usually serve you with an Express Consent Affidavit and Notice of Revocation at the time of your arrest. That notice is your official order of revocation. Unless you request a hearing, it takes effect on the eighth day after the date of the notice.

That means you have seven days, including weekends and holidays, to request an Express Consent hearing. Miss that deadline and your license is revoked automatically, with no hearing and no chance to challenge it.

Blood Tests: Watch Your Mail

If you took a blood test, there is usually no notice at the time of arrest, because the results are not back yet. Instead, the DMV mails you a notice after the lab results come in, and that letter sets your deadline to request a hearing. It is mailed to the address the DMV has on file, so if you have moved and not updated your address, you could miss the deadline without ever seeing the letter.

The Temporary Permit

When you request a hearing, you can generally get a temporary permit that lets you keep driving until the hearing or for up to 60 days, whichever comes first, as long as your license was valid when you were stopped. For most people, that permit is what keeps them getting to work while the case is pending.

For more on how the hearing itself works, including whether to request the arresting officer’s appearance, see Express Consent Hearings in Colorado.

How Long Does the Revocation Last?

The length of an “excess BAC” revocation depends on your prior revocations, your age, and whether you hold a commercial driver’s license. These are the periods listed on the DMV’s own order of revocation:

A driver under 21 who tests at .08 or more faces the same periods as an adult.

These periods are for drivers who submitted to testing. A refusal carries longer revocations: one year, two years, and three years. See DUI Test Refusal in Colorado.

Getting Your License Back

You do not necessarily have to sit out the full revocation. Colorado allows early reinstatement with an ignition interlock device. But the rules for a first-time .08 revocation are about to change in a way that matters to almost everyone.

Today: Early Reinstatement or Wait It Out

Right now, a driver with a first-offense .08 revocation is generally eligible to reinstate early with an ignition interlock without first sitting out a period of no driving. In practice, “right away” is optimistic. Getting the interlock installed, filing proof of insurance (SR-22), and getting the DMV to process the reinstatement can take several days or longer.

The other option today is to wait out the full nine months without driving and then reinstate without an interlock. Some drivers choose that route, especially if they can manage without driving.

Starting June 1, 2027: No More Waiting It Out

House Bill 26-1242, signed into law on May 28, 2026, closes that option for revocations on or after June 1, 2027. Waiting out the revocation will no longer let a driver avoid the interlock. A driver with a first-offense .08 revocation will generally need to drive on an interlock-restricted license for nine consecutive months after reinstating before getting an unrestricted license. Early removal may be possible for drivers with a clean interlock record.

The change applies based on the date of the revocation, not the date of the arrest. If your hearing is still pending as that date approaches, timing can matter.

Tested .15 or Higher? Persistent Drunk Driver Status

A breath or blood test of .15 or higher generally makes you a persistent drunk driver under Colorado law, even on a first offense. That designation brings a two-year interlock requirement and additional alcohol education and therapy before you can fully reinstate. The 2027 change does not shorten those longer requirements.

Second and Subsequent Revocations

Repeat revocations are longer and come with longer interlock requirements. If you have a prior DUI or revocation, talk with a lawyer about your specific timeline before you make any decisions about reinstatement.

CDL Holders

If you hold a commercial driver’s license, a .08 revocation costs you your commercial driving privilege for a year on a first offense, even if you were driving your own vehicle. A second revocation means a lifetime disqualification. The limit is also lower in a commercial vehicle: .04, or .02 for drivers under 21. Early reinstatement with an interlock may help with your personal license, but it does not restore your CDL. See my Colorado CDL DUI Lawyer page.

The Hearing Can Be Won

A .08 result does not automatically mean the revocation will stand. At the Express Consent hearing, the DMV has to prove its case, and the issues can include:

• whether the officer had a lawful basis to stop you and probable cause to arrest you
• whether you were properly advised under Colorado’s expressed consent law
• whether the breath test was properly administered on a properly certified instrument
• whether the blood was drawn, stored, and tested properly
• whether the test shows a BAC of .08 or more within two hours of driving
• whether the officer’s paperwork is complete and accurate

The hearing is also a chance to question the officer under oath before your criminal case goes much further. That testimony can matter later in court. For a closer look at the case behind the test number, see DUI Per Se in Colorado.

Frequently Asked Questions

Talk to a Colorado DUI and DMV Hearing Lawyer

I have more than 20 years of experience defending drivers in Colorado DUI cases and DMV hearings, and I personally handle each case. If you blew .08 or higher, contact my office or call 303-355-5148 before your seven-day hearing deadline passes.