Following a stop for an alcohol and/or drug related driving offense, you may be issued an Express Consent Affidavit and Notice of Revocation by the police officer or the Division of Motor Vehicles (DMV). See ‘Procedures specific to Express Consent cases’ for more information.
If you are convicted in criminal court for an alcohol related offense, DMV may take additional actions against your license. Convictions for providing alcohol/marijuana to a minor or possessing alcohol/marijuana as a minor can result in the DMV revoking your license. The DMV mails notice about any action planned against your license.
Express Consent Revocation Hearing, see C.R.S. §42-2-126
The issues that a Hearing Officer will consider in an Express Consent hearing are:
- Did you operate a vehicle with a breath or blood alcohol content (BAC) of .08 or higher at or within two hours of the time of driving?
2. Did you refuse to take, select, or cooperate in the completion of a chemical test when a law enforcement officer had probable cause to suspect an alcohol and/or drug related driving offense had been committed?
The standard of proof for the Express Consent Revocation hearing is by a preponderance of the evidence which is lower than the standard in criminal court. The Hearing Officer will make decisions about the procedure and evidence in the case and will follow the Colorado Rules of Administrative Procedure, § C.R.S. 24-4-105.
Minor in Possession Convictions
You may have your license revoked for either a minor in possession (MIP) conviction or for providing alcohol to a minor.
Minor in Possession (MIP) Convictions - The length of revocation for a minor in possession conviction varies:
MIP Convictions - No probationary Driver License permitted.
- 2nd offense - six month revocation
- 3rd offense - 12 month revocation
*On first offenses the revocation will go into effect only if the minor has not completed a court ordered assessment or program. No driving privileges can be granted under these circumstances. You may request a hearing, however the only issue is whether the convictions were correctly reported by the court.
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.