What Happens to My Driver's License if My Breath or Blood Test Result is .08 or Greater?
If you've been charged with DUI and/or DUI per se (Drove Vehicle With Excessive Alcohol Content) based upon a breath test with a result of .08 or greater, the arresting officer will complete a form entitled "Express Consent Affidavit and Notice of Revocation" and hand you a yellow copy of this form. You only have seven (7) days from the date of the notice (which includes weekends and holidays) to request a hearing on your driver's license, otherwise your right to a hearing will be lost. This action against your driver's license is known as an Express Consent Revocation.
Sometimes law enforcement officers don't complete this process properly and/or timely, thus it is a good idea to get help from experienced legal counsel anytime you've been charged with DUI.
If you submitted a blood test and the reported results are .08 or greater, the Colorado Department of Revenue will mail you a letter indicating that they are revoking your license and that you are entitled to a hearing on the matter. It is important to have your current address on file with the Division of Motor Vehicles (DMV) so that there is no delay in your receipt of the notice letter. You only have a few days to request the hearing and the deadline will be indicated in the letter.
A hearing based upon a blood or breath test can be requested in person at any Colorado driver's license office. If you had a valid driver's license at the time of the stop for DUI, the Division of Motor Vehicles will likely issue you a temporary permit to drive upon for up to 60 days or until the hearing. Note that often times the hearing will occur prior to 60 days. When requesting the hearing, the DMV clerk will ask you whether or not you want the police officer, who completed the revocation form, to be present at the hearing. Depending upon the facts and circumstances of your particular case, you may or may not want the police officer present. It's a good idea to get experienced legal help with this decision in advance of going to DMV.
The driver's license revocation process is separate from the criminal court process. Thus, it's important to remember that whenever you've been charged with DUI in Colorado, you will typically have two (2) cases pending at the same time: the civil case with your driver's license and the criminal case pending in county court.
If this is your first express consent revocation in Colorado, your license will be revoked for nine (9) months for a driver age twenty-one (21) and older. A second (2nd) express consent revocation will cause a one (1) year revocation, a third (3rd) or subsequent express consent revocation will cause a two (2) year revocation. Early reinstatement of your driver's license with ignition interlock is possible on a first revocation after 30 days of no driving. Note that early reinstatement with ignition interlock only applies to Colorado residents; out-of-state residents are not eligible for early reinstatement under this program. Different rules apply to drivers under twenty-one (21) years of age. A first (1st) revocation for a driver under 21 will result in a three (3) month revocation for an alcohol concentration of .02 to .079; six (6) months for a second revocation with an alcohol concentration of .02 to .079; two (2) years for a third (3rd) or subsequent revocation.
Attorney Monte Robbins has extensive experience representing clients in Express Consent Revocation Hearings in Colorado. If you've been charged with DUI and have received a notice that your license will be revoked, or you've been charged with DUI and the police officer failed to serve you with an Express Consent Affidavit and Notice of Revocation, contact Attorney Monte Robbins to discuss your options at 303-355-5148, 970-301-5541, or nationwide toll-free at 1-888-384-2656.