To a person charged with driving under the influence (DUI) in Colorado, the system he or she faces may appear confusing. Besides the criminal case, the defendant faces a separate, administrative process before the Department of Motor Vehicles (DMV). The criminal justice process determines guilt or innocence for the DUI offense. The administrative process determines if the suspect’s driving privileges under state law should be suspended. Knowing how to navigate these two systems is crucial if a person charged with DUI wants to retain the ability to drive.
Once a DUI suspect is arrested, he or she will elect to perform either a blood or breath test under Colorado’s Express Consent statute. If a driver refuses all testing, the drivers license will be immediately confiscated, and the suspect is then issued an Express Consent Affidavit and Notice of Revocation (“Affidavit”).[i] If the driver elects to perform a blood or breath test, police are then responsible for accommodating the test choice. Both the blood and breath test have specific procedures regarding how they should be performed.
However, the time frames where police obtain results for both tests greatly differ. If a suspect elects to take a breath test, the officer will drive him or her to a police station where the test will be completed very soon after arrest (most commonly performed on a device called an Intoxilyzer). The results will be immediately available to police. If the breath test shows impairment (a measurement of 0.08 or greater for DUI), the drivers license will be confiscated and the accused person will be issued an Express Consent Affidavit and Notice of Revocation.[ii] The Affidavit can serve as a temporary drivers license if the appropriate box on the form is checked off by police. The defendant thereafter has seven (7) days within which to request an administrative hearing before the DMV (known as an “Express Consent hearing”) and take additional, necessary steps if he or she wishes to continue driving privileges.[iii]
However, if the driver elects to perform a blood test, the blood tubes will be drawn by an authorized person, sealed in an evidence kit and shipped to an approved laboratory for analysis. In these cases, the DMV will get notice of the results if the blood test shows impairment. The DMV will thereafter mail a driver’s license suspension notice to the defendant. The notice will also indicate a deadline by which the accused driver must request an Express Consent hearing before the DMV and take the additional, necessary steps to continue operating a motor vehicle.
How does the DMV get notice of a driver’s possible impairment and that license suspension may be appropriate? Under Colorado law, a police officer must complete an affidavit that is sent to the DMV stating that he or she believes probable cause exists showing that a driver was operating a vehicle intoxicated and that person is subject to license suspension.[iv]
To complicate this issue even further, Colorado state law authorizes the DMV to suspend a person’s drivers license for committing violations that result in the accumulation of twelve points or more within any twelve consecutive months or eighteen points or more within any twenty-four consecutive months.[v] A single DUI conviction under Colorado law results in 12 points against a person’s license.[vi] Once the twelve point threshold is reached, the DMV will issue a warning letter or notice of suspension and that a hearing to possibly suspend the accused’s drivers license will be held 20 days or more after the notice’s issuance.[vii]
While the DMV administrative process does not result in a criminal conviction, it can have severe and life-altering consequences by terminating a person’s ability to drive. At Mile High Legal, we take pride in assisting our clients with both the DUI charge and navigating the DMV administrative process. Contact our firm if you are facing an alcohol related driving offense and get the help you need.
[i] § 42-2-126(5)(b)(I) and (II), C.R.S.
[ii] § 42-2-126(5)(b), C.R.S.
[iii] § 42-2-126(7), C.R.S.
[iv] § 42-2-126(5)(a), C.R.S.
[v] § 42-2-127(1)(a), C.R.S.
[vi] § 42-2-127(5)(b), C.R.S.
[vii] § 42-2-127(7) and (8), C.R.S.
