Express Consent

At the time of your arrest, the officer likely asked you to provide a chemical sample for testing. Providing a sample is required by Colorado law, hence the name "express consent" C.R.S. §42-4-1301.1. If the case is proven, and sustained by the Hearing Officer, the length of the revocation depends on several factors. If you:
 
  • provided a chemical sample of blood or breath for testing,
  • the test was completed within two hours of driving,
  • the alcohol content ("BAC") was .080 or above, and,
  • you are over age 21 then:
 
0.08 or Greater and Over 21 years old
  Length of Restraint Eligible For Probationary Driver License? Early Reinstatement?
1st offense 9 months No On or after mandatory 1 month no driving
2nd offense 12 months No On or after mandatory 1 month no driving
3rd offense 24 months No On or after mandatory 1 month no driving

 

If you are under age 21 and your BAC was between 0.02 and 0.079, then

Under 21 years old and BAC 0.079 or Less
  Length of Restraint Eligible For Probationary Driver License? Early Reinstatement?
1st offense 3 months After 1 month no driving, if the result was under 0.05 No
2nd offense 24 months No No
3rd offense 36 months No No

 

If your chemical test was 0.150 or higher, you will be required to have the interlock ignition device for a minimum of 2 years following reinstatement. You will also be required, in order to reinstate your license at the appropriate time, to provide an Affidavit of Enrollment in a Level II Alcohol/Education program. You may also be required to get an SR22 insurance, an insurance policy rider in which the insurance company guarantees you will keep insurance in effect for a certain period of time.

If you were arrested for driving under the influence or while your ability was impaired, and you refused to provide a chemical sample for testing, the penalties differ if the case is sustained, as refusing to provide a chemical sample is contrary to Colorado law.
 
Refusal
  Length of Restraint Eligible For Probationary Driver License? Early Reinstatement
1st offense 12 months No On or after mandatory 2 months no driving
2nd offense 24 months No On or after mandatory 2 months no driving
3rd offense 36 months No On or after mandatory 2 months no driving

 

If you refused to provide a chemical sample for testing, you will be required to have the interlock ignition device for 2 years following reinstatement. You will also be required, in order to reinstate your license at the appropriate time, to provide an Affidavit of Enrollment in a Level II Alcohol/Education program. You may also be required to get an SR22 insurance, an insurance policy rider in which the insurance company guarantees you will keep insurance in effect for a certain period of time.

 
If you had a valid commercial driver license
If you have a commercial driver license or permit at the time you were stopped, regardless of the type of vehicle you were driving, a first offense is a one year revocation of your commercial privileges, and a second offense is a lifetime disqualification. If you were driving a commercial motor vehicle at the time of offense, and your BAC was between .04 and .079, a first offense is a one year revocation and a second is a lifetime disqualification. By law, there is no probationary driver license or early reinstatement permitted for commercial driving privileges.
 
Disclaimer: This summary was prepared by the Department of Revenue Hearing Division and should be used as a reference only. Interested parties should refer to the full text of the law and seek legal counsel before drawing conclusions.