Interlock and DMV Penalties - Colorado DUI Law Summary Part II

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A guilty plea to a Colorado dui, dwai or duid in the criminal phase of your case can result in a license suspension or revocation of two years or more! Upon getting your license back, you may be required to lease and keep an ignition interlock device on every vehicle registered in your name for a number of years.

The two major attributes of drunk driving law enforcement in Colorado are a program of 1) "Administrative Driver's License Restraints" imposed by the Colorado Department of Revenue and 2) "Criminal Penalties"(i.e., fines, probation and jail) imposed by the courts for conviction of drunk driving and DUI related crimes. Colorado DUI law, much like the drunk driving laws of all states, is influenced by the dictates of the United States Congress via the National Highway Traffic Safety Administration. ( hereinafter NHTSA.) NHTSA "suggests" modifications to "improve" state DUI laws which the States implement via their own legislative processes. Failure to follow the Washington's "suggestions" invariably results in withholding of Federal Highway funding. In addition, the fines and costs associated with drunk driving convictions provide a strong incentive for state and local governments to concentrate significant resources toward drunk driving enforcement.

Administrative license retraints are actions taken by the Colorado Department of Revenue pursuant to state statues that restrict or deny driving privileges entirely. For example, a license retraint can consist of as little as a requirment that a person install and drive with an ignition interlock device or as much that a person not drive at all for a period of months or even years. License retraints of interest to our readers are found primarily, but not exclusively, in four sections of the Colorado Revised Statutes (PDF files require suitable reader such as Adobe Acrobat):

• Section 42-2-125, C.R.S.;
• section 42-2-126, C.R.S.;
• section 42-2-127, C.R.S.;
• section 42-2-132.5, C.R.S.

The base period for license revocations in Colorado for first time DUI offenders is 9 Months. Hearings are held before the Colorado Department of Revenue, Hearing Section at one of their seven hearing offices or via telephone. A hearing must be requested within the time set by section 42-2-126, C.R.S. or the license revocation will go into effect. If no hearing request is recieved by DOR within the proper time, your right to contest such revocation will generally be waived. In most instances where a breath test was administered, a hearing must be requested within seven days. Where a blood test was administered, a notice will be sent to your last known address informing you of your alcohol level and providing a date by which you must request a hearing. Hearing requests must be in writing and should be made in person at the local DOR Motor Vehicle Division Office or sent by Next Day Mail, UPS Express or FedEx to the Colorado Department of Revenue, Vehicle Divsion 1881 Pierce Street, Lakewood, CO 80214.

The 9 month penalty may be imposed based either upon an administrative finding of guilt (DMV hearing) or a court conviction for per se DUI (over 0.08 BAC). (See C.R.S.42-2-125(1)(b.5).) This means that first time DUI defendants face a minimum nine month revocation based upon either the decision of a DMV hearing officer or conviction in a court of law. However, the Department of Revenue is charged with providing notice of and administering the actual revocation. Dismissal of the DMV action does not result in dismissal of the court action. Similarly DMV may take you license even if the court case is dismissed altogehter.

The previous three month revocation period for first time per se drunk driving will no longer apply unless your arrest was before January, 2009. Second time offenders are liable for a minimum one year revocation with no probationary driving privilege possible. Persons appearing before the DMV for a third or subsequent offense over 0.08 BAC will face two years of no driving imposed by the DMV hearing officer with interlock driving privileges possible after one year.

Many people, upon advice of friends or attorneys unfamiliar with Colorado DUI law, refuse to submit to alcohol level testing. Other times, an individual is just too drunk to engage in rational thought and is therefore incapable of cooperating with the police to provide a sample. While refusal can in some instances benefit the driver arrested for DUI, in general, the law is set up to punish those who refuse more severly. A frist refusal will net a one year revocation with no probationary driving privileges allowed. A second refusal in a lifetime is punished by a two year revocation. The penalty for a third or subsequent refusal is three years of no driving. Refusal penalties are run consecutive to any other driver's license penalty.

Persons under twenty one years of age are subject to a three month license revocation penalty for first time "underage excess BAC" i.e., driving with a blood alcohol content of greater than 0.02 but less than 0.08. A second offense in this range will bring a six month revocation. A third or subsequent offense for underage excess BAC will be punished by a one year revocation. A conviction for an adult drunk driving offense, driving under the influence or DWAI, will result in a license revocation of at least one year under section 42-2-125 C.R.S. on top of any other license restraint.

In addition to the nine month revocation the Department of Revenue can impose an additional three month suspension if you already have enough points on your license to put you over the "12 Point" limit. During this additional suspension period you may be required to keep the interlock device on your car.

As stated above, first time offenders, can get a "hardship license" after one month of no driving but only if an interlock device is installed in each vehicle they own. An interlock device may also be requied in many other cases. For example all persons determined by DOR to have driven with a BAC over 0.17 are required to install and drive with an interlock device for two years minimum after reinstating their driving privileges. Some second time offenders and all persons with two or more prior alcohol related offenses also fall under this requirement.

If you are required to install an interlock for two years after reinstatement of your license, but are not a Colorado Resident or do not own a vehicle in Colorado you may be able to avoid this requirement by filing a document with DOR attesting that you do not own a motor vehicle in Colorado. However, should you purchase a vehicle in Colorado at some future time, you may have to fulfill the two year interlock requirement at that time.

The cost of an interlock is between $60 and $80 per month plus a one time installation fee of about $100. An interlock punishes any consumption alcohol by temporarily killing your ignition system OR if the car is running by operating the horns and light to alert the police.

If you are required to have an interlock device for a frist time offense, you may be able to satisfy the mandatory requirement early. This depends on whether you exerience any "lock-outs" within the first four months of restricted driving. In order to find out more contact DOR Driver License Control Download PDF Forms for Early Reinstatement Here!

Note: Minor drivers are not eligible for probationary driving privileges for dui license restraints.