Loss of Driving Privileges Hearings

Your commercial driving privileges may be suspended or revoked, even if you were not driving a commercial motor vehicle at the time of offense. The more common types of revocations are highlighted below.
 
Mandatory Disqualifying Offenses:
Regardless of whether a commercial motor vehicle (CMV) is driven, mandatory disqualifying offenses include, but are not limited to:

• Submitting to a chemical test of .08 or greater (.04 or greater for a commercial motor vehicle)
• Refusing to take a chemical test
• Conviction of DWAI/DUI
• Leaving the scene of an accident
• The commission of a felony using a motor vehicle
• Negligently causing the death of another person while driving a CMV

A first offense is a one year loss of your CDL privileges, and a second is a lifetime disqualification.
 
Serious Offenses:
Serious traffic violations which occur in a commercial motor vehicle include but are not limited to:

• 15 MPH over the speed limit
• Reckless driving Improper lane change
• Following too closely
• Driving a CMV without a CDL
• Any traffic violation committed where a fatality was involved

If a CDL holder is convicted of two of the above offenses over a three year period, a first offense is a 60 day revocation, and a second offense is a 120 day revocation.
 
By law, there is no probationary driver license or early reinstatement permitted for commercial driving privileges, nor are there any driving privileges that can be granted by the Hearings Division.
 
While under suspension, you may not drive until your license is reinstated.
 
You may request a hearing, however, the only issue is whether the convictions were correctly reported by the court to the DMV.
 
Legal authority: 49 C.F.R. 383.51

Your commercial driving privileges may be suspended or revoked, even if you were not driving a commercial motor vehicle at the time of offense. The more common types of revocations are highlighted below.
 
Mandatory Disqualifying Offenses:
Regardless of whether a commercial motor vehicle (CMV) is driven, mandatory disqualifying offenses include, but are not limited to:

• Submitting to a chemical test of .08 or greater (.04 or greater for a commercial motor vehicle)
• Refusing to take a chemical test
• Conviction of DWAI/DUI
• Leaving the scene of an accident
• The commission of a felony using a motor vehicle
• Negligently causing the death of another person while driving a CMV

A first offense is a one year loss of your CDL privileges, and a second is a lifetime disqualification.
 
Serious Offenses:
Serious traffic violations which occur in a commercial motor vehicle include but are not limited to:

• 15 MPH over the speed limit
• Reckless driving Improper lane change
• Following too closely
• Driving a CMV without a CDL
• Any traffic violation committed where a fatality was involved

If a CDL holder is convicted of two of the above offenses over a three year period, a first offense is a 60 day revocation, and a second offense is a 120 day revocation.
 
By law, there is no probationary driver license or early reinstatement permitted for commercial driving privileges, nor are there any driving privileges that can be granted by the Hearings Division.
 
While under suspension, you may not drive until your license is reinstated.
 
You may request a hearing, however, the only issue is whether the convictions were correctly reported by the court to the DMV.
 
Legal authority: 49 C.F.R. 383.51

You may encounter denials or cancellations when applying for a Colorado driver license or Identification Card if your driving privileges are under suspension or revocation in another state, or if you failed to provide documentation regarding your proof of identity and lawful presence.

License Denied Due to Out-of-State Suspension
If your license is under suspension or revocation in another state, and you disclose this on your application, the Division of Motor Vehicles (DMV) will analyze your driving record applying Colorado law and advise you of what steps need to be taken in order to obtain a Colorado license. If you disagree with the analysis and requirements outlined by the DMV, you have the right to a hearing with the Hearings Division. As part of that hearing, information obtained from the other state(s) will be reviewed. 
 
If you have documents or other information about your out-of-state suspension or revocation, you should submit them to the Hearings Division prior to the hearing. You will need to show to the Hearing Officer that you are a resident of the State of Colorado and at least one year has passed for a revocation. There may be circumstances where out of state revocations and/or suspensions must be cleared up prior to receiving a Colorado license. 
 
You may submit evidence of these facts at your hearing. If you have any traffic convictions, you will be required to wait one year from the date of offense prior to being considered for a license. You may also be subject to a review as to whether it is safe to grant you driving privileges. The Hearing Officer will then apply Colorado law to your situation and make a determination as to when and under what circumstances you may obtain a Colorado driver license. While under cancellation, you may not drive until your license is reinstated. 

You must first apply for a Colorado driver license, be denied, and obtain analysis from the DMV prior to requesting a hearing.
 
Legal Authority: C.R.S. § 24-60-1101

If you have two convictions for driving under revocation or suspension within a five year period (based on the date of violation, not conviction) your driving privileges will be revoked for three years. However, if both convictions were for driving under an alcohol-based restraint, your driving privileges will be revoked for four years.
 
If you have three or more convictions for driving under revocation or suspension within a seven year period, your driving privileges will be revoked for five years.
 
Legal Authority: C.R.S. § 42-2-138

If a ticket is reported to the DMV while your license is under revocation or suspension, an additional year will be added onto the date you would have otherwise been eligible to get your license back. This is known as an extension or renewal action.
 
You may be subject to multiple types of this action if you repeatedly drive under suspension. For each extension or renewal action that goes into effect, an additional year is added to your eligibility date and if further tickets are reported thereafter, a new year will be imposed on the prior eligibility date. 
There are no driving privileges that can be granted by the Hearings Division while under this type of action. You may request a hearing; however the only issue will be whether your motor vehicle history is correct.
 
Legal Authority: C.R.S. § 42-2-138

If you fail to show up for a required court date, and that information is reported to the DMV, your license may be cancelled or denied. You may not drive while under a cancellation or denial. 

There are no driving privileges that can be granted by the Hearings Division while under this type of action. The Hearings Division does not have authority to hold hearings on these types of matters. 

However, assuming no other restraints are in effect, you may be able to reinstate once these matters are resolved (such as obtaining a “courtesy clearance” from the court).
 
See directory of Colorado County & District Courts.
 
Legal Authority: C.R.S. § 42-4-1709

If you are convicted of a felony offense which involved the use of a motor vehicle, your license will be revoked for one year. You may not drive while your license is under revocation. You have the right to request a hearing on the relevant issues; however, the only issues to be decided at the hearing will be whether you pleaded guilty, were convicted of, or entered into a deferred judgment to a felony which involved the use of a motor vehicle. 
Legal Authority: C.R.S. § 42-2-125(1)(c), and C.R.S. § 42-1-102(19) 

If you are convicted of three or more qualifying offenses which occurred over a 7 year period of time (based on date of violation, not the conviction date) your license will be revoked for 5 years. Qualifying offenses include but are not limited to:

• Driving under suspension or revocation
• Driving while ability impaired (DWAI)
• Driving under the influence (DUI)
• Reckless driving
• Vehicular assault
• Vehicular homicide
• Leaving the scene of an accident involving death or injury

Habitual Traffic Offender status will also be applied if you are convicted of 10 separate violations of 4 or more points over a 5 year period, or 18 separate violations of 3 or less points in 5 years. 

While under revocation, you may not drive until your license is reinstated. There are no driving privileges that can be granted by the Hearings Division while under this type of revocation. You may request a hearing; however the only issue will be whether your motor vehicle history is correct. 
 
Legal Authority: C.R.S. § 42-2-202

If you are convicted of vehicular assault or vehicular homicide, your license will be revoked for one year. While under revocation, you may not drive until your license is reinstated. 

You have the right to request a hearing on the relevant issues; however, there are no driving privileges that can be granted by the Hearings Division while under this type of action. 

Legal Authority: C.R.S. § 42-2-125