A blood alcohol test result of 0.08 or higher will cause the Department of Motor Vehicles to revoke your privilege to drive in the State of Colorado, regardless of whether you are licensed to drive in Colorado or some other state. You have a right to a hearing before this action can be taken against you. In order to preserve this right, you must request a hearing regarding your revocation within the time limits established by law. It is advisable to have the representation of an experienced DUI attorney at this hearing.
Requesting a Hearing
In order to fight the revocation of your driver’s license, you must request a hearing at the DMV within 7 days of the date you were arrested for DUI. This 7 day period applies in cases where you took a breath test or refused the test altogether. If you elected to take a blood test instead, you will not be required to request a hearing until you receive notification in the mail that your blood exceeded 0.08. If you do not request a hearing within the prescribed time limit, you will lose your right to a hearing.
Length of the License Revocation
Your license will be revoked for 9 months on a DUI first offense in Colorado. However, you may reinstate your license after 30 days, provided that you meet the requirements for early reinstatement. One of these requirements is that you have an interlock device installed in your vehicle.
On second offenses, your license will be revoked for one year. There is no early reinstatement on second offenses, and there will be no opportunity for a probationary license. There is also a one-year revocation for refusing to take a blood alcohol test. The one-year revocation for refusing the test must be served consecutively to any other revocation. For example, if you are revoked on a second offense where you refused the BAC test, the one-year revocation for the second offense will be added to the one-year revocation for the refusal, totaling two years of no driving.