GUSTAFSON
LAW
OFFICE
Colorado Springs, Colorado
El Paso County
Robert D. Gustafson
* Attorney at Law *
Colorado Springs |
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| COLORADO DMV HEARING - DRIVER
LICENSE DEFENSE |
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ATTORNEY TELEPHONE -
NOT DMV
(719) 260-1002
Attorney
Fax (719) 260-1003 **
Toll Free (800) 410-1002 |
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Colorado driver license defense, Colorado
DMV hearing defense, suspension, revocation or denial
Colorado Department of Revenue DOR, Colorado Division of Motor Vehicles,
Colorado DMV, DOR, Colorado MVD, Colorado Springs Attorney |
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Related DMV Information * Legal Representation * Traffic Defense *
Gustafson Law Office |
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DRIVING
PRIVILEGES
SUSPENSION * REVOCATION * DENIAL
GENERAL INFORMATION &
HEARING PROCEDURE |
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Loss of
Colorado driving privileges,
probationary license,
interlock and reinstatement are complex issues with
multiple variables.
A substantial amount of information is contained
within this webpage for educational purpose only. Information is
contained relative to common license actions, but it is not possible
to address all possible permutations. Do not rely
upon information contained herein - contact
Colorado
DMV Driver Control License Reinstatement Section to
determine status of Colorado driving privileges, probationary license
eligibility, interlock eligibility & reinstatement requirements. |
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Driving Privilege.
In Colorado, driving is a privilege, not a right, and most of us take our
driving privileges for granted. Places are much further away than we
realize when we have access to a vehicle. Driver's license or Colorado driving
privileges may be taken for one or more of the below identified reasons. This list is
not intended to be exhaustive - just highlight the most common reasons. |
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DOR Overview. The
Department of Revenue is an administrative agency created by
statute.
It has no more or less power than granted by the legislature. Many
functions are mandatory pursuant to statute; the DOR has discretion only
when granted by statute. The DOR has also promulgated
rules and regulations;
some are linked in this website. |
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DOR Hearing Structure.
Hearings regarding Colorado license or Colorado driving privileges loss
occur in DOR
district offices across the state. The hearing officer is actually
employed not by the DMV, but by the Colorado Department of Revenue,
Hearing
and Appeals Division. This is a
branch of the Colorado Department of
Revenue which is separate and distinct from the DMV. Drivers commonly
believe the Colorado license or Colorado driving privileges has been
suspended, revoked or denied by the DMV, so that is the phraseology which is
used in this webpage and the
DMV Appeals webpage. |
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Statutory Basis - License Loss.
The respondent's driver license or Colorado driving privileges are in
jeopardy on the basis of a particular statute. e.g.
a.) CRS 42-2-127
points
b.) CRS 42-2-126
excessive alcohol or refusing a chemical test
c.) CRS 42-2-125
multiple alcohol offense convictions, MIP, baby DUI
d.)
CRS
42-2-201 et. seq. - habitual offender
e.)
CRS
42-2-127.7 compulsory insurance
If the criteria of the particular
underlying statute are are met, the driver license will be suspended,
revoked or denied. |
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Rules Governing Hearing. DMV hearings are conducted pursuant to
CRS 24-4-105,
the Colorado Administrative Procedures Act (APA). In some
circumstances, conduct or rules of the hearing are are provided in a
specific statute. e.g. refusing a chemical test or excessive alcohol
content revocation
CRS 42-2-126. DOR
regulations
also apply regarding conduct of hearings. Under the relaxed rules of
the APA, hearsay is admissible, including multiple levels of hearsay.
This is unfavorable to the respondent driver. |
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Setting Hearings.
In hearings such as excessive
alchohol or refusing
a chemical test, the adverse action is effective immediately
upon service of notice, with the right to request a hearing within 7 days
from service of the notice of adverse action. In such circumstances,
the respondent driver may request the presence of the arresting officer at
hearing. In other circumstances such as
points,
notice is sent to the driver. Hearing date has been scheduled and is
identified in the notice. In yet other circumstances such as
driving under
restraint, notice of adverse action is sent to the driver.
DMV has already taken the adverse action which is mandated by Colorado law
CRS 42-2-138, and the driver is simply notified of the action.
DUR = 1 additional year loss to run consecutively with any other adverse
action. In such circumstance, a hearing may also be requested upon
receipt of notice. |
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Subpoena.
In criminal & traffic court cases, attorneys may issue a subpoena or
subpoena duces tecum (document production) and no particular form is required. In DOR
hearing actions, statutes and DOR regulations require that a subpoena or
subpoena duces tecum may only be issued by the DOR hearing officer & that it
must be upon a DOR form. |
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Only Denver DOR Hearings & Appeals
may issue a subpoena, not a local DOR hearing officer. |
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If at the time of hearing request
the driver fails to request the presence of the law enforcement
officer, it can be quite difficult to get a subpoena issued and served
under this rule. |
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If the law enforcement officer under
subpoena is unable to attend, he or she may notify the DOR & a
continuance will be granted, which may be outside the 60 day statute
of limitations. If a driver or his/her attorney is unable to
attend, he or she may notify the DOR, however a continuance will only
be granted upon good cause shown and the new hearing date must be
within the 60 day statute of limitations. If the hearing date is
near the limitation period - no extension will be granted to the
driver for any reason. |
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In a criminal case, the state has
some advantages and defense has some advantages. The two sides
are essentially balanced walking into hearing or trial. The
above are a few of the reasons publishing attorney believes DOR
hearings are fundamentally unfair in favor of the state - the deck is
stacked against the respondent driver in license hearings. |
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Conduct of Hearing.
Hearings are generally conducted in a regular looking office with the DOR
hearing officer seated behind the desk. The Law enforcement officer
frequently sits beside the desk with the respondent driver & counsel or
witness seated opposite the hearing officer in front of the desk. The
hearing is recorded. The recorder continues even if the hearing
officer leaves the room, so care must be taken to avoid candid remarks or
statements as no privacy exists. The hearing officer will identify
himself and have each person in the room identify himself or herself for the
record. The hearing officer will identify the allegations - reason for
the hearing. Witnesses, if any, are sworn and the hearing officer
proceeds to take testimony and accept exhibits from a law enforcement
officer if one is present. Respondent driver is afforded an
opportunity to cross examine the law enforcement officer, and to
subsequently offer his or her own witnesses, self testimony or exhibits.
At conclusion of testimony, an opportunity is afforded for closing statement
and the hearing officer then enters a ruling. |
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Burden of Proof.
The burden of proof is upon the state by a preponderance of the evidence.
CRS 42-2-126, Schocke v. Colorado Department of Revenue, 719 P.2d
361 (Colo.App. 1986). |
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If ruling is in favor of the driver,
the license is returned and the case concluded. |
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If ruling is in favor of the state,
the license or any temporary permit is seized and the hearing provides
a copy of the suspension, revocation or denial order to the driver.
The hearing officer may advise the driver regarding potential
penalties for
driving under restraint, but is
not required to do so. |
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The hearing officer will typically
present the original order to the driver and request the driver to
sign the order acknowledging receipt. When present, publishing
attorney makes a statement on the record that he acknowledges receipt
on behalf of the client, but advises the client not to execute the DOR
order. No sense giving the DOR evidence for subsequent use in a
driving under restraint prosecution. Hearing officers do not get
excited when a driver states: "I respectfully decline execution based
upon advice of counsel." Don't sign the DOR order. |
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Right to Appeal.
If the Colorado driver license or Colorado driving privileges are suspended,
revoked or denied, please refer to the
DMV Appeals
webpage for appellate information.
Limited time exists to appeal. |
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Penalties and Procedure.
Plea bargaining is not available - at the DMV
hearing a driver wins or loses. |
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In many circumstances,
the period of suspension, revocation or denial is statutory and the
hearing officer has no discretion. Several statutory periods are
stated below; no shorter and no longer. Regarding point
suspension, hearing officer discretion exists as to length of driving
privilege loss. |
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The DMV may have the
statutory power to grant a
probationary license.
If the DOR has that power, whether the limited driving privileges are
granted or not is within the discretion of the hearing officer.
If statutory authority does not exist, no discretion exists for the
DOR hearing officer. |
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For alcohol offenses,
insurance offense and some other circumstances, to become reinstated
the driver must file SR-22 proof of insurance. This is expensive high
risk insurance, check with an independent insurance agent regarding
cost. |
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DMV revocation for
excessive alcohol content or refusing a chemical test is independent
of any underlying alcohol criminal charges; even if the alcohol
criminal case is dismissed, it will not affect a DMV license
revocation order. |
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Other DMV adverse
actions are dependent upon valid conviction before the DMV may
suspend, revoke or deny. |
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Where adverse actions
are based upon prior convictions, relevant periods are computed from date of
offense to date of offense - conviction dates are not relevant. |
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Application for Driver License in
Another State. If driving privileges
are under suspension, revocation or denial at the time a driver makes application
for a new license in another state, the driver will not be issued a license out of
state until the Colorado hold is cleared. If application is made in Colorado
during a period of suspension, revocation or denial, the driver be
charged with a separate jailable major traffic offense simply for making the
application. Refer to
National Records and False Information - Interstate Compact
page |
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SELECTED STATUTES |
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SUSPENSION * REVOCATION * DENIAL *
PROBATIONARY LICENSE * INTERLOCK *
LIMITED TRAFFIC CHARGES
refer to link for
verbatim statutes - statutes may have been amended since
published herein |
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ALCOHOL RELATED DMV
ADVERSE ACTIONS |
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REFUSAL TO SUBMIT TO BLOOD OR
BREATH TESTING |
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REVOCATION OR DENIAL - ADULT DRIVER'S LICENSE |
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General Information - BAC Refusal: Chemical testing refusal - no 2 hour time limit - refusal may have occurred outside the
excessive alcohol 2 hour time limit
If a driver refuses to submit to
breath or blood chemical testing, the driver should receive a notice of revocation or
denial at the time of arrest or receipt of the summons and complaint(s) -
tickets. This is usually on a yellow piece of
paper; size 8 1/2" x 11". From date of receipt, the driver has 7
days to ask for a hearing. If
the driver asks within that time, the driver will receive a hearing to
determine whether driving privileges should be revoked or denied. If the
driver fails to ask within 7 days, the driver has waived (forfeited -
given up) the right to such a hearing, and driving privileges
automatically will be revoked or
denied for the period indicated below.
CRS 42-2-126.
When the driver requests a hearing,
he / she should demand that the officer be ordered to appear. Otherwise, the
determination will be on the basis of written reports submitted by the
officer. |
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Basic Elements which Must be Proven to Revoke
- BAC Refusal
note - other defenses may exist
1. The person identified as
Respondent was the driver of a motor vehicle within the State of Colorado
and within the jurisdiction of the law enforcement officer
2. The law enforcement officer
had reasonable suspicion to stop or otherwise come in contact with the
driver
3. The law enforcement officer
had probable cause to believe the driver drove a motor vehicle while he
or she was under the influence of or impaired alcohol or drug
this is tantamount to: the law enforcement officer had probable cause to
to invoke Colorado express consent law
4. The law enforcement officer
had probable cause to and did request a chemical test of the driver's blood
or breath pursuant to Colorado express consent law
5. The driver refused to submit
to a chemical test of his blood or breath. Refusal may be by oral
statement, behavior or physical manifestation.
6.
Colorado DMV Appeal
- information regarding appeal from DMV license revocation |
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Relevant Information -
BAC
Refusal |
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b.
Probationary License
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BAC
Refusal Revocation
- interim restricted license during restraint
red license to
drive back and forth to work or on the job or other locations or
activities approved by DMV - limited purpose license |
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Probationary License
- First Revocation -
BAC
Refusal |
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Eligibility.
not eligible
during the
first year; thereafter eligible |
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Authority.
CRS 42-2-132(2)(a)(I),
CRS 42-2-126(7)(a)
and no statutory
provision granting DOR discretion except
CRS 42-2-132.5(1.5)(a)
"A
person whose privilege to drive has been revoked for more than one
year because of a violation of any provision of
CRS 42-4-1301 §§ (1)(a), (1b) or (2)
or has been revoked for more than one year under any
provision of
CRS 42-2-126
may voluntarily apply for an early
reinstatement with a restricted license under the provisions of this
section after the person's privilege to drive has been revoked for one
year. The restrictions imposed pursuant to this section shall remain
in effect for the longer of one year or the total time period
remaining on the license restraint prior to early reinstatement." |
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Written & Driving Test Requirement: |
Yes |
refer to
reinstatement testing
information below |
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Interlock Requirement: |
None |
refer to
reinstatement interlock
information below (other adverse action may
impose interlock) |
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Insurance Requirement: |
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refer to
reinstatement insurance
information below |
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Educational Requirement: |
Yes |
refer to
reinstatement educational information
below |
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Attorney Recommendation to Clients:
If point suspension or other adverse action is imposed following the
first year non eligibility for
probationary
license, the risk thereafter
likely justifies application Nevertheless, refer
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Probationary License and Interlock Warning. |
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Termination of
Probationary License.
interim license loss **
final termination
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issuance limitations - once per 5 years |
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Probationary License
- Second or Subsequent Revocation -
BAC
Refusal |
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Eligibility.
not eligible
during the
first year; thereafter eligible |
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Authority.
CRS 42-2-132(2)(a)(I),
CRS 42-2-126(7)(a)
and no statutory
provision granting DOR discretion except
CRS 42-2-132.5(1.5)(a)
"A
person whose privilege to drive has been revoked for more than one
year because of a violation of any provision of
CRS 42-4-1301 §§ (1)(a), (1b) or (2)
or has been revoked for more than one year under any
provision of
CRS 42-2-126
may voluntarily apply for an early
reinstatement with a restricted license under the provisions of this
section after the person's privilege to drive has been revoked for one
year. The restrictions imposed pursuant to this section shall remain
in effect for the longer of one year or the total time period
remaining on the license restraint prior to early reinstatement." |
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Written & Driving Test Requirement: |
Yes |
refer to
reinstatement testing
information below |
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Interlock Requirement: |
Yes |
refer to
reinstatement interlock
information below & to
persistent
drunk
driver
(consecutive) |
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Insurance Requirement: |
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refer to
reinstatement insurance
information below |
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Educational Requirement: |
Yes |
refer to
reinstatement educational information
below |
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Attorney Recommendation to Clients:
Where BAC .017 or greater, multiple
offense convictions or multiple alcohol related revocations bring
persistent
drunk
driver (PDD)
into play, the driver will be required to maintain a interlock for two
(2) years following reinstatement under a restricted probationary
license, so if eligible, early reinstatement is not really increasing the driver's
risk of early reinstatement probationary license suspension or
cancellation. Put another way, if
PDD is applicable,
early reinstatement risk is the least of your worries - request
interlock early reinstatement when eligible. Nevertheless, refer
to
Probationary License and Interlock Warning. |
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Termination of
Probationary License.
interim license loss **
final termination
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issuance limitations - once per 5 years |
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c. Reinstatement Information - BAC Refusal: |
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Reinstatement - First Revocation -
BAC
Refusal
refer to link
Continuing License Loss
Until Reinstatement |
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Reinstatement - Second or Subsequent
Revocation -
BAC
Refusal
refer to link
Continuing License Loss
Until Reinstatement |
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1. Application for reinstatement: by mail only to
DMV
Driver Control Section - Reinstatement
- not allowed at any DMV Office |
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2. Written and driving tests: mandatory.
CRS 42-2-126(7)(c)(I),
CRS 42-2-111, DOR
Regulation
1 CCR 204-6 |
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3.
Mandatory interlock restricted license: 2
years - refer to
persistent
drunk
driver
CRS 42-2-132.5(1.7) |
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4. Insurance Requirement -
BAC
Refusal - Second or Subsequent Revocation |
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5. Education required for reinstatement
CRS 42-2-126(7)(c)(II),
CRS 42-2-127(14)(a)(I)(A),
CRS 42-2-132(2)(a)(II)(B),
persistent
drunk
driver
CRS 42-2-132.5(1.7) |
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Level II Alcohol Education |
proof of enrollment
or completion certificate required |
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Alcohol Therapy
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proof of enrollment
or completion certificate required
Prior Conviction or Revocation:
68 Hours in not less than 8 months |
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If the total period of license
restraint under this subparagraph (II) is not sufficient to
allow for the completion of level II alcohol and drug education
and treatment, or the documentation of completion of such
education and treatment is incomplete at the time of
reinstatement, proof of current enrollment in a level II alcohol
and drug education and treatment program certified by the
division of alcohol and drug abuse pursuant to
CRS 42-4-1301.3,
on a form approved by the department, shall be filed with the
department.
CRS 42-2-126(7)(c)(III),
CRS 42-2-132(2)(a)(II)(C) |
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EXCESSIVE ALCOHOL CONTENT
BAC .08 - .169 |
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REVOCATION OR DENIAL - ADULT DRIVER'S LICENSE |
ALCOHOL RELATED DMV
ADVERSE ACTIONS
CRS 42-2-126(2)(a)(I)
Adult Excessive Alcohol BAC Revocation or Denial |
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On May 5,
2004 Colorado Legislature
House
Bill 04-1021 lowered the
BAC limit from 0.10 to 0.08 regarding DUI presumption, DEAC threshold and
driver's license
excessive alcohol revocation. Law effective date: July 1, 2004 |
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General Information -
BAC .08 - .169:
BAC
0.08 or greater as tested within 2 hours of driving. If relevant, refer below for
BAC 0.17 or greater
If a driver's breath or blood
alcohol concentration was .08 or greater as tested within 2 hours from
the time of driving, the driver should receive a notice of revocation or denial of
driving privileges. Breath test results are instant, and usually the notice
of revocation or denial is received at the time of arrest. This is usually
on a yellow piece of paper; size 8 1/2" x 11". Blood tests take up
to 15 days to obtain results; the driver should receive a notice of revocation or
denial by certified mail in 3 to 6 weeks. This is usually on a white piece
of paper; size 8 1/2" x 11". From date of receipt, the driver has
7
days
to ask for a hearing. If
the driver asks within that time, a hearing will
be set to determine whether driving privileges should be revoked or
denied. If the driver fails to ask within 7 days, the driver has waived
(forfeited - given up) the right to
such a hearing, and driving privileges automatically will be
revoked or denied
for the period indicated below. CRS 42-2-126. When the driver requests a hearing,
he / she should demand that the officer be ordered to appear. Otherwise, the
determination will be on the basis of written reports submitted by the
officer. |
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Basic Elements which Must be Proven to Revoke
-
BAC .08 - .169
note - other defenses may exist
1. The person identified as
Respondent was the driver of a motor vehicle within the State of
Colorado and within the jurisdiction of the law enforcement officer
2. The law enforcement officer
had reasonable suspicion to stop or otherwise come in contact with the
driver
3. The law enforcement officer
had probable cause to believe the driver drove a motor vehicle while he
or she was under the influence of or impaired alcohol or drug
this is tantamount to: the law enforcement officer had probable cause to
to invoke Colorado express consent law
4. The law enforcement officer
had probable cause to and did request a chemical test of the driver's
blood or breath pursuant to Colorado express consent law
5. The driver submitted to a
chemical test within two (2) hours of driving
6. The breath or blood chemical
test substantially complied with
Colorado
Department of Health Regulations
7.
The results of the breath or blood chemical test were equal to or
greater than 0.08 grams of alcohol per 100 ml blood or per 210 liters of
breath
8. BAC threshold level for
presumption state chemical test presumption : 0.096 or more (no
scientific basis or justification for presumption, but legislative)
9.
Colorado DMV
Appeal - information regarding appeal from DMV license
revocation |
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Relevant Information -
Excessive Alcohol Revocation BAC .08 - .169 |
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Driving
Privilege Loss -
BAC .08 - .169 |
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First revocation: |
9 months |
CRS 42-2-126(3)(a)(II)(A) - violation
after 1/1/2009 |
Note
- 3 months violation before 1/1/2009 |
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Second or revocation: |
1 year |
CRS 42-2-126(3)(a)(II)(B) - violation after
1/1/2009 |
Note - 1 year
loss - violation before 1/1/2009 |
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Third or subsequent revocation: |
2 years |
CRS 42-2-126(3)(a)(II)(C) - violation after
1/1/2009 |
Note - 1 year
loss - violation before 1/1/2009 |
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b.
Probationary License
-
Excessive Alcohol Revocation BAC .08 - .169
- interim restricted license during restraint
"red license" to drive back and forth to work or on the job)
may be available
in the discretion of the DMV if you meet criteria |
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Probationary License
- First Revocation - Excessive Alcohol Revocation BAC .08 - .169
If relevant refer to
BAC 0.17
or Greater |
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Eligibility.
First revocation - After thirty (30) days, a Colorado driver may
be eligible for early reinstatement with a restricted license
(interlock).
CRS 42-2-126(6)(b)(IX)(A.5),
CRS 42-2-132(1.5)(a)(I). |
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Interlock is required
for early reinstatement with a probationary license.
The interlock restriction would continue until reinstated;
minimum duration - eight (8) month balance of nine (9)
month revocation. However,
if the interlock device report shows no violations for a
period of four (4) months, the driver may apply for an
unrestricted license (no interlock - regular adult
license).
CRS 42-2-132(1.5)(a)(II) If the DMV determines the driver is
eligible for a license without restriction, it is required to send notice of
eligibility. Any driver who is eligible for a
Colorado driver license without restriction may request a hearing to
remove the interlock restriction. |
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Restricted interlock license may only be issued to a
Colorado resident who is otherwise eligible for a Colorado driver license.
Restricted license is not
available to an out of state resident or to a driver who
is licensed in a state other than Colorado. |
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Written & Driving Test Requirement: |
None |
refer to
reinstatement testing
information below |
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Interlock Requirement: |
Yes |
refer to
probationary license interlock
information above - interlock requirement |
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Insurance Requirement: |
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refer to
reinstatement insurance
information below |
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Type of Insurance.
Mandatory SR-22 Insurance
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Period Required. Period of equal to that of
restraint, up to a maximum of 3 years - period of
restraint = 9 months SR-22 requirement |
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Authority. CRS 42-2-132.5(1.5)(b)(II), CRS
42-7-408(1)(c)(I) |
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Educational Requirement: |
Yes |
refer to
reinstatement educational information
below |
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Attorney Recommendation to Clients: Attorney
advises his clients not to convert the 3 month revocation to a one
month revocation followed by an additional 5 months suspension with
probationary license. Refer to
Probationary License Warning.
If point
suspension or other adverse action is imposed to increase the
period of license loss, the risk
may justify application for a
probationary license. |
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Termination of
Probationary License.
interim license loss **
final termination
**
issuance limitations - once per 5 years |
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Probationary License
- Second or Subsequent Revocation - Excessive Alcohol Revocation BAC .08 - .169
Persistent
Drunk Driver |
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Eligibility.
NOT ELIGIBLE
for interim
probationary license
(red license to drive back and forth to work or on the job) during the
first year; thereafter eligible. Refer to
persistent
drunk
driver
CRS 42-2-132.5(1.7) If relevant refer to
BAC 0.17
or Greater
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After the first year, the
DOR
hearing officer has discretion whether or not to grant
interlock probationary license.
CRS 42-2-116,
CRS 42-2-126(6)(b)(IX)(A.5) |
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Authority.
CRS 42-2-132(2)(a)(I),
CRS 42-2-126(7)(a)
and no statutory
provision granting DOR discretion except
CRS 42-2-132.5(1.5)(a)
"A
person whose privilege to drive has been revoked for more than one
year because of a violation of any provision of
CRS 42-4-1301 §§ (1)(a), (1b) or (2)
or has been revoked for more than one year under any
provision of
CRS 42-2-126
may voluntarily apply for an early
reinstatement with a restricted license under the provisions of this
section after the person's privilege to drive has been revoked for one
year. The restrictions imposed pursuant to this section shall remain
in effect for the longer of one year or the total time period
remaining on the license restraint prior to early reinstatement." |
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Written & Driving Test Requirement: |
Yes |
refer to
reinstatement testing
information below |
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Interlock Requirement: |
Yes |
refer to
reinstatement interlock
information below & to
persistent
drunk
driver
(consecutive) |
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Insurance Requirement: |
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refer to
reinstatement insurance
information below |
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Educational Requirement: |
Yes |
refer to
reinstatement educational information
below |
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Attorney Recommendation to Clients:
Where BAC .017 or greater, multiple
offense convictions or multiple alcohol related revocations bring
persistent
drunk
driver (PDD)
into play, the driver will be required to maintain a interlock for two
(2) years following reinstatement under a restricted probationary
license, so if eligible, early reinstatement is not really increasing the driver's
risk of early reinstatement probationary license suspension or
cancellation. Put another way, if
PDD is applicable,
early reinstatement risk is the least of your worries - request
interlock early reinstatement when eligible. Nevertheless, refer
to
Probationary License and Interlock Warning. |
|
Termination of
Probationary License.
interim license loss **
final termination
**
issuance limitations - once per 5 years |
|
|
|
|
c. Reinstatement Information - BAC .08 - .169 |
| |
First Revocation
-
Reinstatement - BAC .08 - .169
refer to link
Continuing License Loss
Until Reinstatement |
|
|
| |
Second or Subsequent Revocation -
Reinstatement - BAC .08 - .169
refer to link
Continuing License Loss
Until Reinstatement |
|
|
|
1. Application for reinstatement: by mail only to
DMV
Driver Control Section - Reinstatement
- not allowed at any DMV Office |
|
2. Written and driving tests: mandatory. CRS 42-2-126(7)(c)(I),
CRS 42-2-111, DOR
Regulation
1 CCR 204-6 |
|
3.
Mandatory interlock restricted license: 2
years - refer to
persistent
drunk
driver
CRS 42-2-132.5(1.7) |
|
4. Insurance Requirement -
Excessive Alcohol Revocation BAC .08 - .169
- Second or Subsequent Revocation |
|
|
5. Education required for reinstatement
CRS 42-2-126(7)(c)(II), CRS 42-2-127(14)(a)(1)(A), CRS 42-2-132(2)(a)(II)(B),
persistent
drunk
driver
CRS 42-2-132.5(1.7) |
| |
Level II Alcohol Education |
proof of enrollment
or completion certificate required |
| |
Alcohol Therapy
|
proof of enrollment
or completion certificate required
Prior BAC Conviction or Revocation:
68 Hours in not less than 8 months |
|
If the total period of license
restraint under this subparagraph (II) is not sufficient to
allow for the completion of level II alcohol and drug education
and treatment, or the documentation of completion of such
education and treatment is incomplete at the time of
reinstatement, proof of current enrollment in a level II alcohol
and drug education and treatment program certified by the
division of alcohol and drug abuse pursuant to
CRS 42-4-1301.3,
on a form approved by the department, shall be filed with the
department.
CRS 42-2-126(7)(c)(III),
CRS 42-2-132(2)(a)(II)(C) |
|
|
|
|
|
|
REVOCATION OR DENIAL - ADULT DRIVER'S LICENSE |
|
|
|
|
|
|
|
|
|
|
|
General Information
-
Excessive Alcohol Revocation BAC .17 or Greater:
BAC
0.08 or greater as tested within 2 hours of driving - refer to below
reinstatement
information for BAC 0.17 aggravator
If a driver's breath or blood
alcohol concentration was .08 or greater as tested within 2 hours from
the time of driving, the driver should receive a notice of revocation or denial of
driving privileges. Breath test results are instant, and usually the notice
of revocation or denial is received at the time of arrest. This is usually
on a yellow piece of paper; size 8 1/2" x 11". Blood tests take up
to 15 days to obtain results; the driver should receive a notice of revocation or
denial by certified mail in 3 to 6 weeks. This is usually on a white piece
of paper; size 8 1/2" x 11". From date of receipt, the driver has
7
days
to ask for a hearing. If
the driver asks within that time, a hearing will
be set to determine whether driving privileges should be revoked or
denied. If the driver fails to ask within 7 days, the driver has waived
(forfeited - given up) the right to
such a hearing, and
driving privileges automatically will be
revoked or denied
for the period indicated below. CRS 42-2-126. When the driver requests a hearing,
he / she should demand that the officer be ordered to appear. Otherwise, the
determination will be on the basis of written reports submitted by the
officer. |
|
Basic Elements which Must be Proven to Revoke
-
Excessive Alcohol Revocation BAC .17 or Greater
note - other defenses may exist
1. The person identified as
Respondent was the driver of a motor vehicle within the State of
Colorado and within the jurisdiction of the law enforcement officer
2. The law enforcement officer
had reasonable suspicion to stop or otherwise come in contact with the
driver
3. The law enforcement officer
had probable cause to believe the driver drove a motor vehicle while he
or she was under the influence of or impaired alcohol or drug
this is tantamount to: the law enforcement officer had probable cause to
to invoke Colorado express consent law
4. The law enforcement officer
had probable cause to and did request a chemical test of the driver's
blood or breath pursuant to Colorado express consent law
5. The driver submitted to a
chemical test within two (2) hours of driving
6. The breath or blood chemical
test substantially complied with
Colorado
Department of Health Regulations
7.
The results of the breath or blood chemical test were equal to or
greater that 0.08 grams of alcohol per 100 ml blood or per 210 liters of
breath - revocation
8. BAC threshold level for
presumption state chemical test presumption : 0.096 or more (no
scientific basis or justification for presumption, but legislative)
9. To support the
persistent drunk driver
enhancement, the results of the breath or blood chemical test mush have
been equal to or greater than 0.17 grams of alcohol per 100 ml blood or
per 210 liters of breath
10.
Colorado DMV
Appeal - information regarding appeal from DMV license
revocation |
|
|
Relevant Information -
Excessive Alcohol Revocation BAC .17 or Greater |
| a. Period of Driving
Privilege Loss
-
Excessive Alcohol Revocation BAC .17 or Greater |
| |
First revocation: |
9 months |
CRS 42-2-126(3)(a)(II)(A) - violation
after 1/1/2009 |
Note
- 3 months violation before 1/1/2009 |
| |
Second or revocation: |
1 year |
CRS 42-2-126(3)(a)(II)(B) - violation after
1/1/2009 |
Note - 1 year
loss - violation before 1/1/2009 |
| |
Third or subsequent revocation: |
2 years |
CRS 42-2-126(3)(a)(II)(C) - violation after
1/1/2009 |
Note - 1 year
loss - violation before 1/1/2009 |
|
|
b.
Probationary License
-
Excessive Alcohol Revocation BAC .17 or Greater
- interim restricted license during restraint
"red license" to drive back and forth to work or on the job)
may be available
in the discretion of the DMV if you meet criteria |
|
|
Probationary License
- First Revocation
-
Excessive Alcohol Revocation BAC .17 or Greater
Persistent Drunk Driver |
|
Eligibility.
First revocation - After thirty (30) days, a Colorado driver may
be eligible for early reinstatement with a restricted license
(interlock).
CRS 42-2-126(6)(b)(IX)(A.5),
CRS 42-2-132(1.5)(a)(I). |
|
Interlock is required
for early reinstatement with a probationary license.
The interlock restriction would continue until reinstated;
minimum duration - eight (8) month balance of nine (9)
month revocation. However,
if the interlock device report shows no violations for a
period of four (4) months, the driver may apply for an
unrestricted license (no interlock - regular adult
license).
CRS 42-2-132(1.5)(a)(II) If the DMV determines the driver is
eligible for a license without restriction, it is required to send notice of
eligibility. Any driver who is eligible for a
Colorado driver license without restriction may request a hearing to
remove the interlock restriction. |
|
|
Restricted interlock license may only be issued to a
Colorado resident who is otherwise eligible for a Colorado driver license.
Restricted license is not
available to an out of state resident or to a driver who
is licensed in a state other than Colorado. |
|
|
Written & Driving Test Requirement: |
Yes |
refer to
reinstatement testing
information below |
|
Interlock Requirement: |
Yes |
refer to
reinstatement interlock
information below & to
persistent
drunk
driver
(consecutive) |
|
Insurance Requirement: |
|
refer to
reinstatement insurance
information below |
|
|
|
Educational Requirement: |
Yes |
refer to
reinstatement educational information
below |
|
Attorney Recommendation to Clients:
Where BAC .017 or greater brings
persistent
drunk
driver (PDD)
into play, the driver will be required to maintain a interlock for two
(2) years following reinstatement under a restricted probationary
license, so if eligible, early reinstatement is not really increasing the driver's
risk of early reinstatement probationary license suspension or
cancellation. Put another way, where
PDD is applicable,
early reinstatement risk is the least of your worries - request
interlock early reinstatement when eligible. Nevertheless, refer
to
Probationary License and Interlock Warning. |
|
Termination of
Probationary License.
interim license loss **
final termination
**
issuance limitations - once per 5 years |
|
|
|
Probationary License
- Second or Subsequent Revocation
-
Excessive Alcohol Revocation BAC .17 or Greater
Persistent Drunk Driver |
|
Eligibility.
NOT ELIGIBLE
for interim
probationary license
(red license to drive back and forth to work or on the job) during the
first year; thereafter eligible. Refer to
persistent
drunk
driver
CRS 42-2-132.5(1.7) If relevant refer to
BAC 0.08 - .0169 |
|
After the first year, the
DOR
hearing officer has discretion whether or not to grant
interlock probationary license.
CRS 42-2-116,
CRS 42-2-126(6)(b)(IX)(A.5) |
|
Authority.
CRS 42-2-132(2)(a)(I),
CRS 42-2-126(7)(a)
and no statutory
provision granting DOR discretion except
CRS 42-2-132.5(1.5)(a)
"A
person whose privilege to drive has been revoked for more than one
year because of a violation of any provision of
CRS 42-4-1301 §§ (1)(a), (1b) or (2)
or has been revoked for more than one year under any
provision of
CRS 42-2-126
may voluntarily apply for an early
reinstatement with a restricted license under the provisions of this
section after the person's privilege to drive has been revoked for one
year. The restrictions imposed pursuant to this section shall remain
in effect for the longer of one year or the total time period
remaining on the license restraint prior to early reinstatement." |
|
|
Written & Driving Test Requirement: |
Yes |
refer to
reinstatement testing
information below |
|
Interlock Requirement: |
Yes |
refer to
reinstatement interlock
information below & to
persistent
drunk
driver
(consecutive) |
|
Insurance Requirement: |
|
refer to
reinstatement insurance
information below |
|
|
|
Educational Requirement: |
Yes |
refer to
reinstatement educational information
below |
|
Attorney Recommendation to Clients:
Where BAC .017 or greater, multiple
offense convictions or multiple alcohol related revocations bring
persistent
drunk
driver (PDD)
into play, the driver will be required to maintain a interlock for two
(2) years following reinstatement under a restricted probationary
license, so if eligible, early reinstatement is not really increasing the driver's
risk of early reinstatement probationary license suspension or
cancellation. Put another way, if
PDD is applicable,
early reinstatement risk is the least of your worries - request
interlock early reinstatement when eligible. Nevertheless, refer
to
Probationary License and Interlock Warning. |
|
Termination of
Probationary License.
interim license loss **
final termination
**
issuance limitations - once per 5 years |
|
|
|
| |
c. Reinstatement Information - BAC 0.17 or
Greater |
|
|
| |
First Revocation
-
Reinstatement
-
Excessive Alcohol Revocation BAC .17 or Greater
refer to link
Continuing License Loss
Until Reinstatement |
|
1. Application for reinstatement: by mail only to
DMV
Driver Control Section - Reinstatement
- not allowed at any DMV Office |
|
2. Written and driving tests: mandatory. CRS 42-2-126(7)(c)(I),
CRS 42-2-111, DOR
Regulation
1 CCR 204-6 |
|
3.
Mandatory interlock restricted license: 2
years - refer to
persistent
drunk
driver
CRS 42-2-132.5(1.7) |
|
4. Insurance Requirement -
Excessive Alcohol Revocation
BAC 0.17 or
Greater
-
Persistent
Drunk
Driver Revocation |
|
Type of Insurance. |
Mandatory SR-22 Insurance
|
|
Period Required. |
3 years or period of license restriction (longer period) |
|
Authority. |
CRS 42-2-132(2)(a)(II)(B), CRS 42-2-132.5(1.5)(b)(II),
CRS 42-7-408(1)(b) |
|
|
5. Education required for reinstatement CRS
42-2-126(7)(c)(II), CRS 42-2-127(14)(a)(1)(A), CRS 42-2-132(2)(a)(II)(B) |
| |
Level II Alcohol Education: |
proof of enrollment
or completion certificate required |
| |
Alcohol Therapy
|
proof of enrollment
or completion certificate required |
BAC .17 No Prior Conviction or Revocation:
52 hours of therapy in not less than 6 months
proof of enrollment |
BAC .17 Prior Conviction or Revocation:
86 Hours in not less than 10 months
proof of enrollment |
|
If the total period of license
restraint under this subparagraph (II) is not sufficient to
allow for the completion of level II alcohol and drug education
and treatment, or the documentation of completion of such
education and treatment is incomplete at the time of
reinstatement, proof of current enrollment in a level II alcohol
and drug education and treatment program certified by the
division of alcohol and drug abuse pursuant to
CRS 42-4-1301.3,
on a form approved by the department, shall be filed with the
department.
CRS 42-2-126(7)(c)(III),
CRS 42-2-132(2)(a)(II)(C) |
|
|
| |
Second or Subsequent Revocation -
Reinstatement -
Excessive Alcohol Revocation BAC .17 or Greater
refer to link
Continuing License Loss
Until Reinstatement |
|
|
|
1. Application for reinstatement: by mail only to
DMV
Driver Control Section - Reinstatement
- not allowed at any DMV Office |
|
2. Written and driving tests: mandatory. CRS 42-2-126(7)(c)(I),
CRS 42-2-111, DOR
Regulation
1 CCR 204-6 |
|
3.
Mandatory interlock restricted license: 2
years - refer to
persistent
drunk
driver
CRS 42-2-132.5(1.7) |
|
4. Insurance Requirement -
Excessive Alcohol Revocation
BAC 0.17 or
Greater
-
Persistent
Drunk
Driver Revocation |
|
Type of Insurance. |
Mandatory SR-22 Insurance
|
|
Period Required. |
3 years or period of license restriction (longer period) |
|
Authority. |
CRS 42-2-132(2)(a)(II)(B), CRS 42-2-132.5(1.5)(b)(II),
CRS 42-7-408(1)(b) |
|
|
5. Education required for reinstatement CRS 42-2-126(7)(c)(II),
CRS 42-2-127(14)(a)(1)(A), CRS 42-2-132(2)(a)(II)(B) |
| |
Level II Alcohol Education |
proof of enrollment
or completion certificate required |
| |
Alcohol Therapy
|
proof of enrollment
or completion certificate required
BAC .17 Prior Conviction or Revocation:
86 Hours in not less than 10 months |
|
If the total period of license restraint under this subparagraph
(II) is not sufficient to allow for the completion of level II
alcohol and drug education and treatment, or the documentation
of completion of such education and treatment is incomplete at
the time of reinstatement, proof of current enrollment in a
level II alcohol and drug education and treatment program
certified by the division of alcohol and drug abuse pursuant to
CRS 42-4-1301.3,
on a form approved by the department, shall be filed with the
department.
CRS 42-2-126(7)(c)(III),
CRS 42-2-132(2)(a)(II)(C) |
|
|
|
|
|
|
|
SUSPENSION OR DENIAL -
ADULT DRIVER'S LICENSE |
|
|
|
|
|
|
|
|
|
|
|
General Information
- Point Suspension Plus Excessive
Alcohol Revocation
This section refers to
point suspension under CRS 42-2-127 in
addition to excessive alcohol revocation under CRS
42-2-126.
If relevant, refer to
2 Alcohol Offense Convictions in
5 Years or 3
Alcohol Offense Convictions in Lifetime |
|
Adult, chauffeur, provisional and minor drivers' licenses have
different numbers of points over different periods of time which
result in suspension. Please refer to the
Point
Structure page to determine age categorization and points which
cause suspension. If relevant, refer to
chauffeur. |
| Excessive alcohol revocation under CRS
42-2-126 can occur for multiple reasons |
|
|
Excessive Alcohol Adult Driver
Revocation -
BAC .08 - .169
Excessive Alcohol Adult Driver
Revocation - BAC .17 or Greater
Underage
Excessive Alcohol "Baby DEAC"
Underage Driver
Revocation |
|
|
|
Point suspension is mandatory pursuant to
CRS 42-2-127 if sufficient points have accrued to the driver. Upon receipt of conviction
transcript from the court, the DMV will automatically send notice of
hearing to the driver via regular U.S. Mail. Hearing will be held in
the DMV district office closest to the residence of the driver.
Hearing procedure: CRS 42-2-127§§ (7)(13).
|
|
Basic Elements which Must be Proven
- Point Suspension Plus Excessive Alcohol
Revocation
1. The person identified as
Respondent was the driver convicted of
each
underlying traffic offense or infraction
and was revoked for excessive
alcohol
2. Defense 1: A
primary defense would be that the court has made clerical error and
identified Respondent as convicted of an offense committed by a
different person or DMV has made clerical error and applied a conviction
for a different person to the Respondent's driving record, or has
otherwise tagged the Respondent with a conviction which does not pertain
to the Respondent driver.
3. Defense 2:
Collateral Attack upon one or more of the underlying convictions.
4. Defense 3:
Colorado DMV
Appeal from the underlying
alcohol revocation
and stay of execution or restraining order in the District Court appeal
case.
5. Refer to
potential defenses
for other defensive arguments. No other defenses exist of
which publishing attorney is aware.
6.
Colorado DMV
Appeal - information regarding appeal from DMV license
revocation or suspension |
|
Relevant Information
- Point Suspension Plus Excessive
Alcohol Revocation |
| a. Period of Driving Privilege Loss
- Point Suspension Plus Excessive
Alcohol Revocation |
| |
Point suspensions have different
base periods. |
|
| |
1 year |
Statutory point suspension period is mandatory 12 months for
conviction of DUI, habitual user or DEAC (BAC 0.08 or above). |
|
| |
|
|
DWAI is not included in the mandatory statutory point suspension period,
but it is likely DOR hearing officer
discretion
will be 12 months - DWAI aggravator |
|
|
|
| |
6 months |
Regulatory base period for
non-alcohol point suspension |
|
| |
3 months |
Regulatory discretionary
minimum period for non-alcohol point suspension |
|
| |
1 year |
Regulatory discretionary
maximum period for non-alcohol point suspension |
|
| |
|
By definition, an alcohol related conviction is contributing to point
suspension under circumstances here - 12 months suspension |
| |
Excessive alcohol revocation under CRS
42-2-126 have different base periods |
| |
|
Excessive Alcohol Adult Driver
Revocation -
BAC .08 - .169
Excessive Alcohol Adult Driver
Revocation - BAC .17 or Greater
Underage
Excessive Alcohol "Baby DEAC"
Underage Driver
Revocation |
| |
Suspension period for excessive
points runs concurrent (at the same time) with
excessive alcohol revocation.
CRS 42-2-126(6)(c)(I) That means the periods of revocation,
suspension, cancellation, or denial would run simultaneously, and period
of any elapsed revocation will be deducted from point suspension.
e.g. If the 3 month
revocation for first
excessive alcohol BAC 0.08 - 0.169 has elapsed prior to
the
point suspension
being imposed, credit will be given for "time served" during the
excessive alcohol revocation - 12 month
suspension
would be reduced by the 3 months
revocation served to a net remaining
suspension
imposition of 9 months. |
| |
|
CRS 42-2-126(6)(c)(I) Where a
license is revoked under subparagraph (I), (I.5), (III), or (IV)
of paragraph (a) of subsection (2) of this section (reference information -
all revocations for chemical test excessive alcohol)
and the person is also convicted on criminal charges arising out
of the same occurrence for a violation of CRS 42-4-1301(1)(a) or
(2), both the revocation under this section and any suspension,
revocation, cancellation, or denial which results from such
conviction shall be imposed, but the periods shall run
concurrently, and the total period of revocation,
suspension, cancellation, or denial shall not exceed the longer
of the two periods. |
|
|
| b.
Probationary License
- Point Suspension Plus Excessive Alcohol
Revocation
- interim restricted license during restraint |
| |
Eligibility determined by excessive alcohol revocation - links below.
"red license" to drive back and forth to work or on the job)
may be available
in the discretion of the DMV if you meet criteria |
|
| |
|
|
| |
Regarding
probationary license
restrictions & requirements, refer to
reinstatement below
(interlock
- if relevant - consecutive) |
|
| |
|
If the underlying
excessive
alcohol revocation
is not eligible
during the first year for
probationary license,
thereafter the driver would be eligible.
Authority.
CRS 42-2-132(2)(a)(I),
CRS 42-2-125(5)
and no statutory
provision granting DOR discretion except
CRS 42-2-132.5(1.5)(a)
"A
person whose privilege to drive has been revoked for more than one
year because of a violation of any provision of
CRS 42-4-1301 §§ (1)(a), (1b) or (2)
or has been revoked for more than one year under any
provision of
CRS 42-2-126
may voluntarily apply for an early
reinstatement with a restricted license under the provisions of this
section after the person's privilege to drive has been revoked for one
year. The restrictions imposed pursuant to this section shall remain
in effect for the longer of one year or the total time period
remaining on the license restraint prior to early reinstatement." |
|
| |
Probationary License
During Point Suspension After Alcohol Revocation |
|
| |
CRS 42-2-127(14)(a)(I) If there is no other
statutory reason for denial of a probationary license, any
individual who has had a license suspended by the department
because of, at least in part, a conviction of an offense specified
in paragraph (b) of subsection (5) of this section may be entitled
to a probationary license pursuant to subsection (12) of this
section (reference information - DUI, DWAI, DEAC, Baby DUI
Underage BAC 0.02 - 0.05) for the purpose of driving for
reasons of employment, education, health, or alcohol and drug
education or treatment, but:
(A) If ordered by the court that convicted the
individual, the individual shall be enrolled in a program of
driving education or alcohol and drug education and treatment
certified by the division of alcohol and drug abuse in the
department of human services; and
(B) If the individual is a persistent drunk driver,
as defined in CRS 42-1-102(68.5), any probationary license shall
require the use of an approved ignition interlock device, as
defined in CRS 42-2-132.5(7)(a), and the time that the individual
holds a probationary license under this section shall not be
credited against the time that the individual may be required to
hold a restricted license pursuant to section 42-2-132.5. |
|
|
c. Revocation - Reinstatement Information
- Point Suspension Plus Excessive
Alcohol Revocation
refer to link
Continuing License Loss
Until Reinstatement |
|
Regarding application for reinstatement, written and driving
tests, mandatory interlock, Insurance Requirement or alcohol
education, refer to:
Reinstatement Requirements -
Excessive Alcohol Adult Driver
Revocation -
BAC .08 - .169
Reinstatement Requirements -
Excessive Alcohol Adult Driver
Revocation - BAC .17
or Greater
Reinstatement Requirements -
Underage Excessive Alcohol "Baby DEAC"
Underage Driver
Revocation |
|
|
|
|
POINT SUSPENSION
PLUS
REFUSAL TO SUBMIT TO BLOOD OR
BREATH TESTING |
|
|
SUSPENSION OR DENIAL -
ADULT DRIVER'S LICENSE
MINOR OR PROVISIONAL DRIVER'S LICENSE |
|
|
|
|
|
|
|
|
|
|
|
General Information
- Point Suspension Plus BAC Chemical
Testing Refusal Revocation
This section refers to
point suspension under CRS 42-2-127 in
addition to
revocation for refusal of chemical
testing under CRS
42-2-126.
If relevant, refer to
2 Alcohol Offense Convictions in
5 Years or 3
Alcohol Offense Convictions in Lifetime |
|
Adult, chauffeur, provisional and minor drivers' licenses have
different numbers of points over different periods of time which
result in suspension. Please refer to the
Point
Structure page to determine age categorization and points which
cause suspension. If relevant, refer to
chauffeur. |
|
|
Point suspension is mandatory pursuant to
CRS 42-2-127 if sufficient points have accrued to the driver.
Upon receipt of conviction transcript from the court, the DMV will
automatically send notice of hearing to the driver via regular U.S. Mail.
Hearing will be held in the DMV district office closest to the residence of
the driver. Hearing procedure: CRS 42-2-127§§ (7)(13).
|
|
Basic Elements which Must be Proven
- Point Suspension Plus BAC Chemical
Testing Refusal Revocation
1. The person identified as
Respondent was the driver convicted of
each
underlying traffic offense or infraction
and was revoked for excessive
alcohol
2. Defense 1: A
primary defense would be that the court has made clerical error and
identified Respondent as convicted of an offense committed by a
different person or DMV has made clerical error and applied a conviction
for a different person to the Respondent's driving record, or has
otherwise tagged the Respondent with a conviction which does not pertain
to the Respondent driver.
3. Defense 2:
Collateral Attack upon one or more of the underlying convictions.
4. Defense 3:
Colorado DMV
Appeal from the underlying
chemical test refusal
revocation & stay of execution or restraining order in the District Court appeal
case.
5. Refer to
potential defenses
for other defensive arguments. No other defenses exist of
which publishing attorney is aware.
6.
Colorado DMV
Appeal - information regarding appeal from DMV license
revocation or suspension |
|
Relevant Information
- Point Suspension Plus BAC Chemical
Testing Refusal Revocation |
|
a. Period of Driving Privilege Loss
- Point Suspension Plus BAC Chemical
Testing Refusal Revocation |
| |
1 year |
Statutory point suspension period is mandatory 12 months for
conviction of DUI, habitual user or DEAC (BAC 0.08 or above). |
|
| |
|
|
DWAI is not included in the mandatory statutory point suspension period,
but it is likely DOR hearing officer
discretion
will be 12 months - DWAI aggravator |
|
|
|
| |
6 months |
Regulatory base period for
non-alcohol point suspension |
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3 months |
Regulatory discretionary
minimum period for non-alcohol point suspension |
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1 year |
Regulatory discretionary
maximum period for non-alcohol point suspension |
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Suspension period for excessive
points runs consecutive (back to back) to
chemical test refusal
revocation.
CRS 42-2-126(6)(c)(II) That means the periods of revocation,
suspension, cancellation, or denial would be stacked; one to run after
the other concludes. |
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CRS 42-2-126(6)(c)(II) Where a license is
revoked under subparagraph (II) of paragraph (a) of subsection (2) of
this section (reference information -
revocations for chemical test refusal) and the person
is also convicted on criminal charges arising out of the same
occurrence for a violation of CR 42-4-1301(1)(a) or (2), any
suspension, revocation, cancellation, or denial which results from
such conviction and is imposed shall run consecutively with the
revocation under this section. |
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CRS 42-4-1301.2. Refusal of test —
effect on driver's license — revocation — reinstatement.
(1) If a person refuses to take, or to complete, or to cooperate
with the completing of any test or tests as provided in CRS
42-4-1301.1, the person shall be subject to license revocation
pursuant to the provisions of CRS 42-2-126. Such revocation shall
take effect prior to and shall stay the remainder of any previous
suspension, or denial in lieu of suspension, and shall not run
concurrently, in whole or in part, with any previous or subsequent
suspensions, revocations, or denials that may be provided for by
law, including any suspension, revocation, or denial that results
from a conviction of criminal charges arising out of the same
occurrence for a violation of CRS 42-4-1301. The remainder of any
suspension, or denial in lieu of suspension, stayed pursuant to
the provisions of this subsection (1) shall be reinstated
following the completion of any revocation provided for in CRS
42-2-126. Any revocation taken under said section shall not
preclude other actions that the department is required to take in
the administration of the provisions of this title. |
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b.
Probationary License
- Point Suspension Plus
BAC Chemical Testing Refusal Revocation
- interim restricted license during restraint |
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Not eligible
during the first year; thereafter eligible.
"red license" to drive back and forth to work or on the job)
may be available
in the discretion of the DMV if you meet criteria
Regarding
probationary license
restrictions & requirements, refer to
reinstatement below
(interlock
consecutive) |
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Authority.
CRS 42-2-132(2)(a)(I),
CRS 42-2-125(5)
and no statutory
provision granting DOR discretion except
CRS 42-2-132.5(1.5)(a)
"A
person whose privilege to drive has been revoked for more than one
year because of a violation of any provision of
CRS 42-4-1301 §§ (1)(a), (1b) or (2)
or has been revoked for more than one year under any
provision of
CRS 42-2-126
may voluntarily apply for an early
reinstatement with a restricted license under the provisions of this
section after the person's privilege to drive has been revoked for one
year. The restrictions imposed pursuant to this section shall remain
in effect for the longer of one year or the total time period
remaining on the license restraint prior to early reinstatement." |
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Probationary License
During Point Suspension After Alcohol Revocation |
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CRS 42-2-127(14)(a)(I) If there is no other
statutory reason for denial of a probationary license, any
individual who has had a license suspended by the department
because of, at least in part, a conviction of an offense specified
in paragraph (b) of subsection (5) of this section may be entitled
to a probationary license pursuant to subsection (12) of this
section (reference information - DUI, DWAI, DEAC, Baby DUI
Underage BAC 0.02 - 0.05) for the purpose of driving for
reasons of employment, education, health, or alcohol and drug
education or treatment, but:
(A) If ordered by the court that convicted the
individual, the individual shall be enrolled in a program of
driving education or alcohol and drug education and treatment
certified by the division of alcohol and drug abuse in the
department of human services; and
(B) If the individual is a persistent drunk driver,
as defined in CRS 42-1-102(68.5), any probationary license shall
require the use of an approved ignition interlock device, as
defined in CRS 42-2-132.5(7)(a), and the time that the individual
holds a probationary license under this section shall not be
credited against the time that the individual may be required to
hold a restricted license pursuant to section 42-2-132.5.
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ADULT
CDL |
REFUSAL * EXCESSIVE ALCOHOL CONTENT
ALCOHOL OFFENSE CONVICTION * POINT SUSPENSION
OUT OF SERVICE ORDER |
MINOR
CDL |
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COMMERCIAL DRIVER'S LICENSE * SUSPENSION * REVOCATION OR DENIAL |
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ALCOHOL RELATED DMV
ADVERSE ACTIONS
NON-ALCOHOL DMV
ADVERSE ACTIONS |
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Adult CDL Revocation or Denial |
Minor CDL Revocation or Denial |
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General Information - Alcohol Violations & Commercial Driver License
- CDL
It is not possible to condense the myriad of alcohol CDL statutory &
regulatory law to a single webpage subsection. This is a synopsis.
Alcohol related "out of service order"
Anticipated when a CDL driver is operating a commercial motor vehicle (CMV)
at the time of the stop
Alcohol Related Traffic Offense Conviction
CRS 42-2-126(2)(a)(II)
DUI
- DEAC
- DWAI
conviction will trigger CDL
Disqualification
Chemical Test Refusal
CRS 42-2-126(2)(a)(IV)
No requirement for request to be within two (2) hours of driving
Revocation will trigger
CDL Disqualification
Refusal or BAC 0.04
or greater as tested at the time of driving a commercial motor vehicle
or anytime thereafter - no 2 hour time limit
Excessive Alcohol
BAC 0.04 or Greater - Adult CDL
CRS 42-2-126(2)(a)(III)
No requirement for request or test to be within two (2) hours of driving
If an adult commercial driver breath or blood
alcohol concentration was 0.04 or greater as tested at the time of
driving a commercial motor vehicle or anytime thereafter, the driver should receive an
"out of service order"
at the time of the stop and should receive notice of revocation or denial of
driving privileges. CRS 42-2-126(2)(a)(III) Breath test results are instant, and usually the notice
of revocation or denial is received at the time of arrest. This is usually
on a yellow piece of paper; size 8 1/2" x 11". Blood tests take up
to 15 days to obtain results; the driver should receive a notice of revocation or
denial by certified mail in 3 to 6 weeks. This is usually on a white piece
of paper; size 8 1/2" x 11". From date of receipt, the driver has
7
days
to ask for a hearing. If
the driver asks within that time, a hearing will
be set to determine whether driving privileges should be revoked or
denied. If the driver fails to ask within 7 days, the driver has waived
(forfeited - given up) the right to
such a hearing, and driving privileges automatically will be
revoked or denied
for the period indicated below (this includes CDL). CRS 42-2-126. When the driver requests a hearing,
he / she should demand that the officer be ordered to appear. Otherwise, the
determination will be on the basis of written reports submitted by the
officer. Revocation will trigger
CDL Disqualification.
Excessive Alcohol
BAC 0.02 - 0.040 - Minor CDL
CRS 42-2-126(2)(a)(IV)
No requirement for request or test to be within two (2) hours of driving
If a commercial driver under age 21 breath or blood alcohol
concentration was 0.02 - 0.04 as tested at the time of driving a
commercial motor vehicle or anytime thereafter, the commercial driver
should receive an "out of
service order" at the time of the stop and should receive
a notice of revocation or denial of driving privileges. Breath test results are instant, and usually the notice
of revocation or denial is received at the time of arrest. This is usually
on a yellow piece of paper; size 8 1/2" x 11". Blood tests take up
to 15 days to obtain results; the driver should receive a notice of revocation or
denial by certified mail in 3 to 6 weeks. This is usually on a white piece
of paper; size 8 1/2" x 11". From date of receipt, the driver has
7
days
to ask for a hearing. If
the driver asks within that time, a hearing will
be set to determine whether driving privileges should be revoked or
denied. If the driver fails to ask within 7 days, the driver has waived
(forfeited - given up) the right to
such a hearing, and driving privileges automatically will be
revoked or denied
for the period indicated below (this includes CDL). CRS 42-2-126. When the driver requests a hearing,
he / she should demand that the officer be ordered to appear. Otherwise, the
determination will be on the basis of written reports submitted by the
officer. Revocation will trigger
CDL Disqualification.
Refer to
Driver Mandatory Reporting Obligations.
CDL Point Suspension
CRS 42-2-127(1)(a)
CDL may be suspended for accumulation
of non-alcohol traffic offense or traffic infraction
points.
Information is provided below. |
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Basic Elements which Must be Proven to
Revoke or Suspend CDL
Note: "out of service order"
is a horse of a different color -
49 CFR 392.5 |
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Basic Elements which Must be Proven to Revoke -
Excessive Alcohol BAC or Chemical Test Refusal - CDL
note - other defenses may exist |
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1. Person identified as
Respondent was the CDL driver of a commercial motor vehicle within the State of
Colorado and within the jurisdiction of the law enforcement officer
2. The law enforcement officer
had reasonable suspicion to stop or otherwise come in contact with the
driver
3. The law enforcement officer
had probable cause to believe the driver drove a motor vehicle while he
or she was under the influence of or impaired alcohol or drug
this is tantamount to: the law enforcement officer had probable cause to
to invoke Colorado express consent law
4. The law enforcement officer
had probable cause to and did request a chemical test of the driver's
blood or breath pursuant to Colorado express consent law
5. The driver submitted to a
chemical test - no requirement for request or test to be within two (2) hours of driving
6. The breath or blood chemical
test substantially complied with
Colorado
Department of Health Regulations
7.
The results of the breath or blood chemical test were equal to or
greater than the below grams of alcohol per 100 ml blood or per 210 liters of
breath
Adult CDL: 0.04 or greater as tested at the time of driving a
commercial motor vehicle or anytime thereafter
Minor or Provisional CDL (under age 21): 0.02 - 0.04 as tested at
the time of driving a commercial motor vehicle or anytime thereafter
8. BAC threshold level for
presumption state chemical test presumption : 0.096 or more (no
scientific basis or justification for presumption, but legislative)
OR
9. The Respondent driver
refused chemical testing to determine breath or blood alcohol or
drug concentration
10.
Colorado DMV
Appeal - information regarding appeal from DMV license
revocation |
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Basic Elements which Must be Proven to Revoke -
Alcohol Conviction - CDL
CRS 42-2-126(2)(a)(II) |
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1. The person identified as
Respondent was the holder of a commercial driver license - CDL
2. The person identified as
Respondent was the CDL driver convicted of
an underlying
DUI
- DEAC
- DWAI offense -
CRS 42-4-1301(1) or (2)(a)
3. Defense 1: A
primary defense would be that the court has made clerical error and
identified Respondent as convicted of an offense committed by a
different person or DMV has made clerical error and applied a conviction
for a different person to the Respondent's driving record, or has
otherwise tagged the Respondent with a conviction which does not pertain
to the Respondent driver.
4. Defense 2:
Collateral Attack upon the underlying conviction.
5. No other defenses exist of
which publishing attorney is aware.
6.
Colorado DMV
Appeal - information regarding appeal from DMV license
revocation |
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Basic Elements which Must be Proven to Suspend
-
Points - CDL
CRS 42-2-127(1)(a) |
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1. The person identified as
Respondent was the holder of a commercial driver license - CDL
2. The person identified as
Respondent was the CDL driver convicted of
an underlying
DUI
- DEAC
- DWAI offense -
CRS 42-4-1301(1) or (2)(a)
3. Defense 1: A
primary defense would be that the court has made clerical error and
identified Respondent as convicted of an offense committed by a
different person or DMV has made clerical error and applied a conviction
for a different person to the Respondent's driving record, or has
otherwise tagged the Respondent with a conviction which does not pertain
to the Respondent driver.
4. Defense 2:
Collateral Attack upon the underlying conviction.
5. No other defenses exist of
which publishing attorney is aware.
6.
Colorado DMV
Appeal - information regarding appeal from DMV license
revocation |
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Suspension criteria, procedure &
hearing is similar to Point
Suspension for a regular license except that the
point threshold which triggers suspension is different if all
convictions were incurred during the course & scope of employment.
Refer to link. |
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Chauffeur additional point
allowance is not applicable if any
points are alcohol related or leaving the scene of an accident
CRS 42-2-127(1) |
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Regarding points which are the basis for suspension. If any
such points were incurred outside the course & scope of employment,
driver is not entitled the
additional points granted under the chauffeur exception.
Edwards v. Motor Vehicle Div., 33 Colo. App.
382 (1974), Michels v. Motor Vehicle Div of Dept. of Revenue,
32 Colo. App. 106, 506 P.2d 1243 (1973). Put another way,
all points must be job related
or the driver will fall under the normal point system - minor,
provisional or adult. |
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Relevant Information
-
CDL Revocation or Suspension |
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a. Period of
Driving
Privilege Loss - Violations & Commercial
Driver License - CDL |
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Colorado Law
- CDL Excessive Alcohol
Revocation |
| Adult CDL: 0.04 or greater |
Minor CDL: 0.02 - 0.04
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Driving Commercial
Vehicle: |
1 year |
CRS 42-2-126(6)(b)(III.5) |
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Driving Commercial Vehicle -
Hazardous Materials : |
3 years |
CRS 42-2-126(6)(b)(IV) |
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CRS 42-2-126(6)(b)(III.5)
The period of commercial driving privilege revocation under
subparagraphs (I), (I.5), (II), or (III) of paragraph (a) of
subsection (2) of this section shall be the
disqualification
period provided in
49 CFR § 383.51 if the person was the holder of
a commercial driver's license or was operating a commercial
vehicle when the violation occurred. |
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CRS 42-2-126(6)(b)(IV) The
period of license revocation under subparagraph (II) or (III) of
paragraph (a) of subsection (2) of this section involving a
commercial motor vehicle that was transporting hazardous
materials as defined in CRS 42-2-402(7) shall be no less than
three years. |
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Colorado Law -
CDL Revocation for Refusal to Submit to Chemical Testing |
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Driving Commercial
Vehicle: |
1 year |
CRS 42-2-126(6)(b)(III.5) |
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Driving Commercial Vehicle -
Hazardous Materials : |
3 years |
CRS 42-2-126(6)(b)(IV) |
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CRS 42-2-126(6)(b)(III.5)
The period of commercial driving privilege revocation under
subparagraphs (I), (I.5), (II), or (III) of paragraph (a) of
subsection (2) of this section shall be the
disqualification
period provided in
49 CFR § 383.51 if the person was the holder of
a commercial driver's license or was operating a commercial
vehicle when the violation occurred. |
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CRS 42-2-126(6)(b)(IV) The
period of license revocation under subparagraph (II) or (III) of
paragraph (a) of subsection (2) of this section involving a
commercial motor vehicle that was transporting hazardous
materials as defined in CRS 42-2-402(7) shall be no less than
three years. |
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CRS 42-4-1301.1(4) Any
driver of a commercial motor vehicle requested to submit to a
test as provided in paragraph (a) or (b) of subsection (2) of
this section shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test shall
result in an out-of-service order as defined under CRS
42-2-402(8) for a period of twenty-four hours and a revocation
of the privilege to operate a commercial motor vehicle for one
year as provided under
CRS 42-2-126. |
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CRS 42-2-402(8)
Definitions "Out-of-service order" means an
"out-of-service order" as defined by
49 CFR 383.5. |
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Refer to
49 CFR 392.5 Alcohol
Prohibition regarding alcohol related 24 hours "out of
service order" and reporting requirements. |
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Colorado Law -
Alcohol Offense Conviction - CDL |
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refer to Federal
period of disqualification
regarding equivalent Colorado license revocation |
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CDL During
Federal Disqualification Prohibited by Colorado Law |
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CRS 42-2-404(1.5)(a)
The department shall not issue a commercial driver's license to,
and shall immediately cancel the commercial driver's license of,
any person subject to a federal disqualification order on the
basis of imminent hazard to public safety pursuant to 49 CFR
383.52.
(b) A person who is subject to a federal
disqualification order on the basis of imminent hazard, or whose
commercial or noncommercial driver's privilege is under
restraint, shall not be eligible for a restricted, probationary,
or hardship license that would permit the person to operate a
commercial motor vehicle during the period of such
disqualification or restraint.
(reference information -
if disqualified by the Feds, Colorado offers no CDL
relief) |
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Colorado Law -
CDL Point Suspension
refer to
Index Links - but
substitute period of
disqualification for
license revocation |
Point Suspension + Excessive
Alcohol Chemical Test
suspension will run concurrent with revocation |
Point Suspension + Chemical
Test Refusal
suspension will run consecutive to revocation |
Point Suspension + First
Alcohol Conviction CDL Revocation
suspension may run concurrent with revocation |
Point Suspension + Multiple
Alcohol Convictions Revocation
suspension will run consecutive with revocation |
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To publishing attorney's belief, simply because a
CDL has been revoked
& disqualified
does not mean that the driver couldn't apply for and receive a
regular adult license. e.g. adult first offense DWAI
conviction with BAC below 0.08 grams of alcohol per 100 ml blood
or per 210 liters of breath - 8 points against license.
Regular adult license would not be subject to excessive alcohol
revocation nor point suspension if no other points existed.
Counsel had not had occasion to defend this type of action, but
I can see no prohibition to eligibility for regular adult
licensing. Naturally a chemical test refusal or revocation
for excessive where the BAC was above the limit for a regular
adult, provisional or minor license would not qualify for this
type of argument as any driver would be subject to license loss. |
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Colorado Law -
DUI Drugs - Revocation - CDL |
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Driving Commercial Vehicle -
DUI Drugs - Hazardous Materials: |
3 years |
CRS 42-2-125 §§ (1)(b) & (2) |
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Federal
Regulation
49 CFR § 383.51
Disqualification of Drivers |
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49 CFR § 383.51(a)(1)
A driver or holder of a CDL who is disqualified must not drive
a CMV. |
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49 CFR § 383.51(b)
Disqualification for major offenses. Table 1 to § 383.51
contains a list of the offenses and periods for which a driver
must be disqualified, depending upon the type of vehicle the
driver is operating at the time of the violation, as follows: |
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Table 1 to § 383.51 |
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Action
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1st Refusal
or Conviction
Operating CMV
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1st Refusal
or Conviction
Operating Non-CMV
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1st Refusal
or Conviction
Operating CMV
Hazardous Materials |
2nd Refusal
or Conviction
Operating CMV
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2nd Refusal
or Conviction
Operating Non-CMV
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DUI
- DEAC
- DWAI
-
Conviction
Alcohol |
1 year |
1 year |
3 years |
life |
life |
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DUI
- DEAC
- DWAI
-
Conviction
Drugs |
1 year |
1 year |
3 years |
life |
life |
| BAC 0.04 or Greater -
Revocation Operating CMV |
1 year |
not applicable |
3 years |
life |
not applicable |
| Refusing Chemical Test -
Revocation |
1 year |
1 year |
3 years |
life |
life |
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49 CFR § 383.51(a)(5)
Reinstatement after lifetime disqualification. A State
may reinstate any driver disqualified for life for
offenses described in paragraphs (b)(1) through (b)(8)
of this section (Table
1 to § 383.51) (reference information -
Table 1 in part provided above) after 10
years if that person has voluntarily entered and
successfully completed an appropriate rehabilitation
program approved by the State. Any person who has
been reinstated in accordance with this provision and
who is subsequently convicted of a disqualifying offense
described in paragraphs (b)(1) through (b)(8) of this
section (Table 1 to § 383.51) must not be reinstated.
No more bites out of apple. |
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A CDL holder who is
charged with an alcohol traffic offense, refuses a chemical test or has an excessive alcohol revocation
while driving a private vehicle (not a CMV) may incur revocation of the CDL or
may incur CDL disqualificaiton. Colorado statutes, Colorado regulations
and federal regulations apply. |
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Attorney Notation:
Other CDL problems may exist, such as
out of service order or
school bus endorsement. Consult counsel. |
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b.
Probationary License -
CDL Revocation or Suspension
- interim restricted license during restraint
"red license" to drive back and forth to work or on the job)
may be available
in the discretion of the DMV if you meet criteria |
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CDL probationary license
is statutorily
prohibited
- refer to link. |
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Probationary license -
Regular Driver (not CDL): |
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To publishing attorney's belief, simply because a
CDL has been
disqualified, suspended or revoked or is subject
to an "out
of service order" doe not
necessary prohibit the driver from applying for an interim
probationary
license (regular driver - not CDL), while driving privileges
remain under suspension. |
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CRS 42-2-116.
Restricted license.
(1) The department, upon issuing a driver's
or minor driver's license or an instruction permit, has
authority, whenever good cause appears, to impose
restrictions, limitations, or conditions which are
suitable to the licensee's driving ability with respect to
the type of special mechanical control device required on
a motor vehicle which the licensee may operate or which
limit the right of the licensee to drive a motor vehicle
except when such licensee is required to drive to and from
the licensee's place of employment or to perform duties
within the course of employment or to impose such other
restrictions applicable to the licensee as the department
may determine to be appropriate to assure the safe
operation of a motor vehicle by the licensee.
(2) The department either may issue a
special restricted license or must set forth such
restrictions, limitations, or conditions upon the usual
license form issued to the applicant. |
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CRS 42-2-127.
Authority to suspend license — to deny license — type of
conviction — points.
(12) If at the hearing held pursuant to
subsection (8) of this section it appears that the record
of the driver sustains suspension as provided in this
section, the department shall immediately suspend such
driver's license, and such license shall then be
surrendered to the department. If at such hearing it
appears that the record of the driver does not sustain
suspension, the department shall not suspend such license
and shall adjust the accumulated-point total accordingly.
In the event that the driver's license is suspended, the
department may issue a probationary license for a period
not to exceed the period of suspension, which license may
contain such restrictions as the department deems
reasonable and necessary and which may thereafter be
subject to cancellation as a result of any violation of
the restrictions imposed therein. The department may also
order any driver whose license is suspended to take a
complete driving reexamination. After such hearing, the
licensee may appeal the decision to the district court as
provided in section 42-2-135.
(14)(a) (I) If there is no other statutory
reason for denial of a probationary license, any
individual who has had a license suspended by the
department because of, at least in part, a conviction of
an offense specified in paragraph (b) of subsection (5) of
this section may be entitled to a probationary license
pursuant to subsection (12) of this section for the
purpose of driving for reasons of employment, education,
health, or alcohol and drug education or treatment, but:
(A) If ordered by the court that convicted the individual,
the individual shall be enrolled in a program of driving
education or alcohol and drug education and treatment
certified by the division of alcohol and drug abuse in the
department of human services; and (B) If the individual is
a persistent drunk driver, as defined in section 42-1-102
(68.5), any probationary license shall require the use of
an approved ignition interlock device, as defined in
section 42-2-132.5(7) (a), and the time that the
individual holds a probationary license under this section
shall not be credited against the time that the individual
may be required to hold a restricted license pursuant to
section 42-2-132.5.
(II) A probationary license issued pursuant
to this subsection (14) shall contain any other
restrictions as the department deems reasonable and
necessary, shall be subject to cancellation for violation
of any such restrictions, including but not limited to
absences from alcohol and drug education or treatment
sessions or failure to complete alcohol and drug education
or treatment programs, and shall be issued for the entire
period of suspension. |
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While publishing attorney can find no
prohibition against issuance of a probationary CDL during
a non-alcohol point suspension, counsel doubts the DMV
would grant a probationary CDL for operating commercial
vehicles in the course and scope of employment based upon
the fact probationary license statutes refer only to a
driver's license, not a commercial or chauffeur driver
license. That is a statutory construction issue for
the courts. |
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All commercial driving is prohibited during
the period of
CDL disqualification.
49 CFR § 383.51(a)(1)
Interlock CDL is prohibited.
CRS 42-2-132.5(3)(c)
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c. Reinstatement Information -
CDL Revocation or Suspension |
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CRS 42-2-405(4) A
commercial driver whose privilege to drive a commercial motor vehicle
has been cancelled or denied pursuant to this section may, following
any applicable revocation
period, apply for another type or class of driver's
license in accordance with section 42-2-104, as long as there is no
other statutory reason to deny such person such a license. |
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CRS 42-2-403. Department authority —
rules — federal requirements.
(1) The department shall develop, adopt,
and administer a procedure for
licensing drivers of
commercial motor
vehicles in accordance with applicable federal law governing
commercial motor
vehicle safety and any rules promulgated thereunder. The department is
hereby specifically authorized to adopt and effectuate, whether by
rule, policy, or administrative custom or practice, any
licensing sanction
imposed by federal statutes or rules governing
commercial motor
vehicle safety.
(2)(a) The department shall promulgate such rules and
regulations as are necessary for the implementation of this part 4.
Such rules and regulations shall govern all aspects of
licensing
commercial drivers,
including, but not limited to, testing procedures,
license issuance
procedures, out-of-service regulations, denial procedures, including
suspensions, revocations, cancellations and denials, records
maintenance, reporting requirements, and cooperation with the
commercial driver's
license information
system. |
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Reinstatement -
CDL Revocation or Suspension
refer to link
Continuing License Loss
Until Reinstatement |
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1. Application for reinstatement: by mail only to
DMV
Driver Control Section - Reinstatement
- not allowed at any DMV Office |
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2. Written and driving tests:
mandatory.
CRS 42-2-111, DOR
Regulation
1 CCR 204-6 |
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3.
Mandatory interlock restricted license:
Interlock may be required for Persistent Drunk Driver, multiple
convictions or other reasons the same as it would be for any
other driver. Refer to
Index.
No CDL (commercial
driver's license) may be issued with interlock. Driver must wait for reinstatement until all interlock requirements have expired
to apply for CDL.
CRS 42-2-132.5(3)(c)
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4. Insurance
Requirement: |
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Insurance -
CDL Excessive Alcohol Revocation Pursuant to CRS 42-2-126,
Refusal or Persistent Drunk Driver |
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Type of Insurance. |
Mandatory SR-22 Insurance
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Period Required. |
3 months or period of license restriction |
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Authority. |
CRS 42-7-408(1)(c)(I) |
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Insurance -
Revocation or Suspension - First Alcohol Conviction or
Non-Alcohol Point Suspension |
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Type of Insurance. |
Evidence of Insurance
- affidavit |
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Period Required. |
requirement of all drivers to reinstate pursuant to
suspension statute |
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Authority. |
CRS 42-7-406(1),
CRS 42-7-406(2)(a),(b), CRS 42-2-127 |
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Insurance
- CDL Revocation or Suspension |
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Type of Insurance. |
Mandatory SR-22 Insurance
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Period |
period of
probationary license
(usually 6 months) + 3 months statutory |
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Authority. |
CRS 42-7-408(1)(c)(I) |
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5. Education required for reinstatement
- CDL Revocation or Suspension
CRS 42-2-126(7)(c), CRS 42-2-127(14)(a)(1)(A) |
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Level I or II Alcohol Education
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proof of enrollment or
alcohol certification for reinstatement
required |
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No Prior BAC Conviction or Revocation:
refer to grids for level of alcohol education
alcohol certification for reinstatement |
Prior BAC Conviction or Revocation:
68 Hours in not less than 8 months
proof of enrollment |
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Alcohol Therapy
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not required unless
prior alcohol related conviction |
No Prior BAC Conviction or Revocation:
refer to grids for level of alcohol education
alcohol certification for reinstatement |
Prior BAC Conviction or Revocation:
68 Hours in not less than 8 months
proof of enrollment |
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If the total period of license
restraint under this subparagraph (II) is not sufficient to
allow for the completion of level II alcohol and drug education
and treatment, or the documentation of completion of such
education and treatment is incomplete at the time of
reinstatement, proof of current enrollment in a level II alcohol
and drug education and treatment program certified by the
division of alcohol and drug abuse pursuant to
CRS 42-4-1301.3,
on a form approved by the department, shall be filed with the
department.
CRS 42-2-126(7)(c)(III),
CRS 42-2-132(2)(a)(II)(C) |
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Attorney Comments re Alcohol
Offenses & Commercial Driver License (CDL)
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A
driver who holds a CDL or school bus endorsement has a unique
circumstance when faced with alcohol related traffic charges.
A great deal more CDL regulatory law exists than is provided below;
I have included that what I believe to be relevant to most
circumstances.
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Several statutes and
regulations are linked verbatim in the
table
of statutes contained in
this website - not reidentified in this listing
refer to
self help legal research to
locate state and federal statutes and regulations |
| 1 CCR §204-6 CDL License Classifications |
1 CCR §204-12 CDL License Regs |
1 CCR §301-26 CDL Dept Education
- Bus Operation |
| CRS 42-4-401 CDL Short Title |
CRS 42-4-402 CDL Definitions |
CRS 42-4-403 CDL Rules |
CRS 42-4-404 CDL Limitations |
| CRS 42-4-405 CDL Disciplinary Action |
CRS 42-4-406 CDL Fees |
CRS 42-4-407 CDL License Testing
Units |
| 49 CFR §355.25 CDL State Law Compatibility |
49 CFR §383 CDL Knowledge & Skills Guidelines |
49 CFR §383.1 CDL Purpose & Scope |
| 49 CFR §383.5 CDL Definitions |
49 CFR §383.5 CDL Disqualification Index |
49 CFR §383.23 CDL Required |
| 49 CFR §383.31 CDL Conviction Notification |
49 CFR §383.33 CDL Suspension Notification |
49 CFR §383.35 CDL Employment
Notification |
| 49 CFR §383.37 CDL Employer
Responsibilities |
49 CFR §383.51 CDL
Disqualification |
| 49 CFR §383.52 CDL
Disqualification Imminent Hazard |
49 CFR §383.53 CDL Penalties |
| 49 CFR §383.71 CDL Driver
Application Procedures |
49 CFR §383.73 CDL State
Procedures |
| 49 CFR §383.117 CDL Passenger
Endorsement Requirements |
49 CFR §383.123 CDL School Bus
Endorsement Requirements |
| 49 CFR §383.153 CDL License Information |
49 CFR §384.203 CDL DUI |
49 CFR §384.205 CDL CDLIS Check
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| 49 CFR §384.206 CDL State Record Check |
49 CFR §384.208 CDL Disqualification Notice |
49 CFR §384.209 CDL Traffic
Violation Notice |
| 49 CFR §384.210 CDL Limitation on Licensing |
49 CFR §384.215 CDL First Offense Penalties |
49 CFR §384.216 CDL Second
Offense Lifetime Penalties |
| 49 CFR §384.218 CDL Second
Serious Traffic Offense Penalties |
49 CFR §384.219 CDL Third Serious
Traffic Offense Penalties |
| 49 CFR §384.220 CDL NDR Check |
49 CFR §384.221 CDL Out of Service -
Intoxication |
49 CFR §384.225 CDL Record of
Violations |
| 49 CFR §384.226 CDL Deferred
Sentence Prohibition - Prohibition on Masking Convictions |
49 CFR §384.231 CDL
Disqualification Requirements |
| 49 CFR §384.232 CDL Timing of
Records Check |
49 CFR §521 CDL Civil Penalties |
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CDL Highlights
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Criminal Case Disposition -
Deferred Sentence Problems |
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Circumstances such as BAC level,
BAC refusal, accident or high risk driving, prior offenses, presence
of children in the vehicle or other factors may make negotiation of
a
deferred sentence highly
unlikely. Under any circumstance, 49 CFR §384.226 prohibits
masking a conviction (deferred sentence) regarding drivers holding a
CDL. Also refer to the definition of conviction in
49 CFR 383.5; it appears to encompass a deferred sentence prior to
successful dismissal.
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License Suspension vs. Revocation |
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A suspension merely holds the
driving privileges in abeyance until the end of the term & the
license remains valid. A revocation “destroys” the license and
it is then non-existent. In the event of revocation of a CDL
for excessive alcohol under CRS 42-2-126, it is just that - a
revocation. If revoked, completely new licensing application
is required after payment of the Colorado DMV reinstatement fee,
SR-22 insurance proof & proof of attendance in alcohol education &
therapy - treatment. With revocation, the commercial driver
would be subject to CDL licensure requirements starting from
scratch. Refer to the above
CFR Table 1 for minimum time of
license loss.
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Conviction - Obligations & CDL
Disqualification |
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State laws must be compatible with
federal CDL regulations. 49 CFR §355.25. A violation of CRS
42-4-1301(1) -
DUI
- DWAI
- or (2)(a) -
DEAC
- shall be deemed driving under the influence. Reduction to
DWAI will not help in the CDL realm. Colorado DMV is required
to maintain record of convictions or licensing actions (revocation)
affecting CDL licensure. CRS 42-4-403((2)(e).
If convicted of
DUI
- DEAC
or
DWAI
first offense, Colorado must disqualify your CDL for no less than
one year. 49 CFR §384.215, 49 CFR §384.231. Lifetime
disqualification provisions of 49 CFR §384.216 may apply depending
upon the facts of the case. Refer above to
49 CFR § 383.51(a)(5) for
possible reinstatement after 10 years if lifetime disqualification
is applicable.
Disqualification would encompass excessive alcohol revocation by a
State DMV or suspension due to points.
49 CFR 383.5
A CDL holder must provide notice within 30 days to the home state
DMV and to the employer of a traffic infraction or offense
conviction in another state. 49 CFR §383.31
Before the end of the business day following notice or knowledge, a
CDL holder must provide notice to the employer of license
suspension, revocation, cancellation or CDL disqualification. 49 CFR
§383.33
Employers may not knowingly allow a driver to operate a commercial
motor vehicle at any time the driver’s CDL is suspended, revoked or
cancelled or the CDL has been disqualified. 49 CFR §383.37 and 49
CFR §383.51
A disqualified CDL holder or driver must not drive a commercial
motor vehicle. 49 CFR §383.51. Major offense disqualification:
DUI
- DEAC
or
DWAI
conviction in non-commercial vehicle ➪ 1 year. 49 CFR §383.51
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Alcohol Related CDL
"Out of Service Order" |
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CRS 42-2-405(2)(a) A
person who drives, operates, or is in physical control of a
commercial motor vehicle while having any alcohol in his or her
system, or who refuses to submit to a test to determine the
alcoholic content of the driver's blood or breath while driving a
commercial motor vehicle, shall be placed out of service as defined
in section 42-2-402(8). |
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CRS 42-2-402(8) "Out-of-service order" means an
"out-of-service order" as defined by
49 CFR 383.5. |
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49 CFR 383.5
Out-of-service order means a declaration by an authorized
enforcement officer of a Federal, State, Canadian, Mexican, or
local jurisdiction that a driver, a commercial motor vehicle,
or a motor carrier operation, is out-of-service pursuant to
49 CFR 392.5 or §§ 386.72,
395.13, 396.9, or compatible laws, or the North American
Uniform Out-of-Service Criteria. Refer to the linked
regulation.
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CDL Holder Reporting
Requirements |
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49 CFR 392.5(d)
Any driver who is issued an out-of-service order under
this section shall: (1) Report such issuance to his/her employer
within 24 hours; and (2) Report such issuance to a State official,
designated by the State which issued his/her driver's license,
within 30 days unless the driver chooses to request a review of the
order. In this case, the driver shall report the order to the State
official within 30 days of an affirmation of the order by either the
Division Administrator or State Director for the geographical area
or the Associate Administrator. (reference information -
alcohol prohibition out of service order)
Refer to
49 CFR 392.5 Alcohol
Prohibition regarding alcohol related 24 hours "out of service
order" and reporting requirements.
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Application for new CDL |
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When applying for employment, a
CDL holder must provide a list of the names and addresses of
previous employers for which an applicant was an operator of a
commercial motor vehicle. Period mandated: 10 years. 49 CFR
§383.35
A CDL applicant must certify you are not subject to disqualification
& provide the states in which you have been licensed during the
previous 10 years. 49 CFR §383.71 States must perform a
background check, including driving record & disqualification
search. This includes CDLIS (no time limit) & NDR 49 CFR
§383.73 NDR search for non-CDL suspension, revocation or
cancellation is 3 years. Driving record search must encompass
10 years.
Refer to 49 CFR §384.205 & subsequent for records check
requirements.
A CDL school bus endorsement applicant must certify & the State must
verify that, during the 2 year period immediately prior to applying
for the school bus endorsement, the driver held a valid CDL with
school bus endorsement, has not had his or her driver’s license or
CDL suspended, revoked or cancelled or been disqualified from
operating a CMV & have not been convicted of any disqualifying
offense (DUI
- DEAC
- DWAI)
included. 49 CFR §383.123. Other requirements not included in
this highlight - refer to regulation.
Regarding school bus drivers, 1 CCR §301.26 4204R-107.02 provides
the operator shall have a satisfactory driving record as determined
by the local board of education and its insurance carrier policy.
This leaves discretion to the local school board regarding hiring
drivers with prior
DUI
- DEAC
- DWAI
or excessive alcohol license revocation matters. That could
likely be problematic given the precious cargo.
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Summary |
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In summary, a CDL
holder with alcohol traffic charges may face disqualification
including 1 year ineligibility to apply for a CDL and 2 year
ineligibility to apply for a CDL with school bus endorsement.
Records will be checked for 10 years. A Colorado driving record may
reflect an alcohol conviction or excessive alcohol revocation for a
longer period of time.
Unless the driver wins the excessive alcohol DMV revocation hearing
proceeding and procures a not guilty verdict at jury trial in the
criminal case, the licensing statutes & regulations are not
favorable to again driving a commercial vehicle (including but not
limited to hazardous material, school bus or normal cargo) for a
long period of time, if ever. |
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2
ALCOHOL DRIVING OFFENSES WITHIN PERIOD OF 5 YEARS |
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REVOCATION OR DENIAL - ADULT DRIVER'S LICENSE
MINOR OR PROVISIONAL DRIVER'S LICENSE |
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General Information
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2 Alcohol Offenses Within a Period of 5 Years
Revocation under
CRS 42-2-125(1)(g)(I) - convictions for 2 alcohol related traffic offenses
committed within a period of 5 years
Underlying offenses -
DUI
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