Colorado Driver's License After DUI

Revocation

If you took a breath test on the night of your arrest and your result was over .08, the arresting officer will seize your driver’s license and issue you a 7 day permit. The officer will also give you a yellow notice entitled “Express Consent Affidavit.” You must take this sheet to the DMV within 7 days to request an Express Consent hearing with the DMV. Once requested, the DMV will issue you a temporary driving permit good for 60 days or until the date of your hearing. The DMV will then mail you notice of your hearing date. Always ask for a hearing and consult a lawyer as to whether or not the officer should be requested to attend the hearing.

If you took a blood test on the night of your arrest and your result comes back over .08, the DMV will mail you a letter of revocation. This usually takes 2-3 weeks to receive, because it takes the police department time to test your blood and to report the results to the DMV. If over the limit, you will get the letter of revocation noticing you that your result was over the limit and that your license potentially will be suspended. You have 7 days from receiving the letter (10 days from the postmark) to take that letter along with your license to the DMV to request an Express Consent hearing. YOU MUST SURRENDER YOUR LICENSE AT THAT TIME. If you do not surrender your license along with your request for a hearing, your request will be denied. Once requested, the DMV will issue you a temporary driving permit good for 60 days or until the date of your hearing. The DMV will then mail you notice of your hearing date. Always ask for a hearing and consult a lawyer as to whether or not the officer should be requested to attend the hearing.

If the DMV finds that you were driving with .08 or higher alcohol content, your license will be revoked for 90 days for a first offense. Revocation means absolutely no driving. The Orr Law Firm can set up a hearing for you to attempt to get a provisionary driver’s license “red license” to allow you to drive to and from work and necessary place.

Any revocation of your driving privilege by the DMV is separate from any criminal charges pending against you that are brought by the District Attorney for DUI or DWAI. The court case and the DMV administrative case are entirely separate. Losing at the DMV does not mean you will lose in court. Similarly, winning in court does not mean you will win at the DMV. Pleading guilty to a lesser offense in court such as DWAI will not save your license if you have already lost at the Express Consent hearing at the DMV.

If you have had your license revoked before or failed to take a test, you can look forward to not driving for up to several years depending on your driving record and the circumstance of your case. If a driver refuses to take a DUI or DUID chemical test, Department of Revenue will impose a revocation of at least one (1) year for "refusal."