DUI License Revocation
In Colorado, you may lose your driver’s license if you are caught driving while under the influence (DUI) or driving while under the influence of alcohol (DWAI). License revocation differs from suspension in that it is a complete termination of driving privileges, requiring a more complex process for reinstatement. While a suspension allows for automatic reinstatement after a period of time, a revocation requires the individual to formally reapply for a new license and meet specific conditions set out by the Colorado Department of Revenue’s Division of Motor Vehicles (DMV).
Denver Lawyer for DUI License Revocation in Colorado
Losing your license has a significant impact on your ability to live, work and socialize. Not every crime will result in the loss of a driver’s license, and not every revocation is valid. The DMV can make mistakes, and sometimes people are punished with license revocation when a simple suspension would be appropriate.
If you are facing a license revocation, you need to contact experienced traffic attorney Matthew Martin today. Contact our office today at (303) 725-0017 to schedule your free initial consultation. Law Office of Matthew A. Martin, P.C. proudly serves clients throughout the greater Denver area, including Adams County, Arapahoe County, Douglas County, Broomfield County, and Boulder County.
Overview of DUI License Revocation
- License Revocations
- Crimes Result in License Revocation
- DARP Charges
- Frequently Asked Questions
- Hire an Attorney for DUI License Revocation
DUI License Revocation under Colorado Law
License revocation in Colorado can result from either serious traffic offenses, certain criminal convictions, or excessive violations on a driver’s record. The process the court follows to revoke your license is as follows:
Arrest or Citation for a Qualifying Offense
In many cases, revocation begins with an arrest or citation for a traffic-related offense. Law enforcement may immediately confiscate a driver’s license, especially in cases involving alcohol or drug impairment.
Notification from the DMV
If a driver accumulates enough violations or is convicted of a revocable offense, they will receive a notice from the Colorado DMV. This notice outlines the reason for the revocation, the length of time the revocation will last, and potential next steps.
Administrative Hearing
Some drivers have the opportunity to request an administrative hearing to challenge the revocation or seek a limited driving permit. The hearing takes place before a DMV hearing officer, who evaluates the evidence and determines whether the revocation stands.
Immediate or Scheduled Revocation
If no hearing is requested or if the hearing upholds the revocation, the driver’s license is officially revoked. This means the driver cannot legally operate a motor vehicle until they go through the reinstatement process.
Reinstatement Process
After the revocation period ends, the driver must take specific steps to regain driving privileges. These steps vary based on the reason for revocation and may include:
- Completing a driving course or alcohol education program
- Purchasing and maintaining SR-22 Driver’s Insurance.
- Paying reinstatement fees
- Installing an ignition interlock device (for DUI-related revocations)
- Reapplying for a new license and passing required tests
Crimes That May Result in License Revocation
Several criminal offenses and driving violations lead to the revocation of a driver’s license in Colorado. These offenses generally involve reckless behavior, endangering others, or violating laws designed to promote road safety.
Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI)
One of the most common reasons for license revocation in Colorado is a conviction for DUI or DWAI. If a driver is found operating a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher (or 0.02% for underage drivers), they face an immediate administrative revocation. A first DUI offense typically results in a 9-month revocation, while subsequent offenses lead to longer or permanent revocations. A second offense leads to a 1-year revocation, and a third offense leads to a 2-year revocation.
Excessive Traffic Violations (Habitual Traffic Offender Status)
Drivers who accumulate too many traffic violations within a set period may be deemed habitual traffic offenders (HTO). In Colorado, a driver is classified as an HTO if they accumulate three major traffic offenses (such as reckless driving, DUI, or vehicular assault) within seven years, leading to an automatic 5-year revocation.
Vehicular Assault and Vehicular Homicide
A conviction for vehicular assault (CRS 18-3-205) or vehicular homicide (CRS 18-3-106) results in automatic license revocation. These offenses occur when a driver causes serious bodily injury or death due to reckless or impaired driving. Revocation periods for these crimes can last years depending on the severity of the offense and whether the driver has prior violations.
Refusal to Submit to Chemical Testing
Under Colorado’s Express Consent Law, any driver who refuses to submit to a breath or blood test when suspected of DUI faces an automatic 1-year license revocation for the first refusal. A second refusal results in a 2-year revocation, while a third refusal leads to a 3-year revocation.
Underage Drinking and Driving (UDD)
Colorado has a zero-tolerance policy for underage drinking and driving. Any driver under 21 years old caught with a BAC between 0.02% and 0.05% faces an automatic 3-month revocation for a first offense, with longer revocations for repeat violations.
Drag Racing or Street Racing
Participating in illegal street racing can lead to a 1-year license revocation, depending on the circumstances of the case.
Failure to Appear in Court for a Traffic Violation
If a driver fails to appear in court for a traffic-related offense, their license may be revoked until they respond to the court.
License Revocation Deadlines
When a person’s license is revoked in Colorado, they must adhere to certain time-sensitive deadlines and restrictions:
Deadline to Request a DMV Hearing
If a driver wishes to challenge the revocation, they must request a DMV hearing within seven days of receiving the revocation notice. Failure to do so results in automatic revocation.
Mandatory Revocation Periods
The duration of a revocation depends on the nature of the offense. Some standard revocation periods include:
- First DUI offense: 9 months
- Second DUI offense: 1 year
- Third DUI offense: 2 years
- Habitual Traffic Offender: 5 years
- Refusal to take a chemical test: 1 year for the first refusal, increasing for subsequent refusals
Ignition Interlock Device (IID) Requirements
Drivers with DUI-related revocations may qualify for early reinstatement by installing an IID. The IID period typically lasts at least 8 months for a first DUI and longer for repeat offenses.
Waiting Period for Reinstatement
After serving the revocation period, drivers must wait before they can apply for reinstatement. The wait time depends on the offense:
- DUI-related revocations: Eligible for reinstatement after the designated period but may require IID installation.
- Habitual Traffic Offender revocations: At least 5 years before applying for a new license.
Compliance with Court Orders
Some drivers must complete court-ordered requirements before reinstatement, such as attending traffic school, substance abuse treatment, or community service. Failure to meet these obligations extends the revocation period, and the revoked license holder will have to reapply for license reinstatement.
DARP Charges
It is a misdemeanor to drive with a revoked license. Driving With Revocation Prohibited (CRS 42-2-206, DARP) is a charge that applies to any person caught driving with a revoked license.
DARP charges can be elevated if a person is involved in another crime that resulted from the use of the revoked license. This includes:
- Being caught driving on a revoked license,
- Being a Habitual Traffic Offender and/or
- Any of the following:
- driving recklessly,
- eluded or tried to get away from police or
- were involved in a crash and failed to report it (hit and run).
Frequently Asked Questions
What is the difference between license revocation and license suspension?
License revocation means your driving privileges are terminated, and you must reapply for a new license after the revocation period ends. A suspension is temporary, and your license is typically reinstated after fulfilling certain conditions.
How long does a license revocation last in Colorado?
The duration depends on the reason for revocation. For example, a first-time DUI conviction can result in a 9-month revocation, while habitual traffic offenders may lose their license for up to 5 years.
Can I get a restricted or hardship license during the revocation period?
In some cases, individuals may be eligible for a probationary or restricted license, such as an interlock-restricted license after a DUI conviction.
How can I reinstate my license after a revocation?
Reinstatement requirements vary but often include completing a revocation period, paying fines, attending treatment programs (if applicable), and passing written and driving exams.
Does a license revocation affect my car insurance?
Yes. A revocation can lead to significantly higher insurance premiums, and you may be required to obtain SR-22 insurance, which proves financial responsibility.
What happens if I drive while my license is revoked?
Driving with a revoked license is a serious offense and can result in additional penalties, including extended revocation, fines, and possible jail time.
Can my license be revoked for non-driving offenses?
Yes. Certain offenses, such as failure to pay child support or accumulating excessive points on your driving record, can also result in revocation.
Additional Resources
Colorado DMV Revocation FAQ – The Colorado DMV provides additional information regarding license revocation fees, reinstatement periods and additional requirements for each type of offense that may result in a revocation.
Hire an Attorney for DUI License Revocation
If you or someone you know is facing a license revocation or has had their license suspended, you need to contact the experienced traffic defense attorneys at The Law Office of Matthew Martin.
Contact our office today at (303) 725-0017 to schedule your free initial consultation. Law Office of Matthew A. Martin, P.C. proudly serves clients throughout the greater Denver area, including Adams County, Arapahoe County, Douglas County, Broomfield County, and Boulder County.