Fort Collins, Colorado, Express Consent Attorney
Colorado has an express consent law, which requires a suspected intoxicated driver to consent to a chemical test of his or her blood, breath or urine. This is an administrative action and is not considered a criminal proceeding by the Colorado Supreme Court. As such, the burden of proof at the hearing is a preponderance of the evidence. A Notice of Revocation is the form used by the DMV to start the process (with a breath test, this is usually a yellow form given to you at the time of your arrest by the law enforcement officer) when a person has a blood alcohol content (BAC) of .080 or above. If a blood test is involved, the Notice will be mailed to you by the DMV. It is imperative the DMV has your current address. Upon receiving the Notice of Revocation, you have a limited time to request a hearing or the revocation goes into effect automatically.
If a hearing is requested, the DMV must schedule the hearing within 60 days of the request. Additionally, the DMV must provide a minimum of ten days’ notice prior to the hearing date. You can request that the officer be present at the hearing or waive the officer's appearance. If requested, the officer must appear at the hearing or the action is dismissed. Obviously, when the officer appears, he or she will testify. If the officer is not requested, the DMV will determine whether to revoke your license based on the report prepared by the officers who contacted you.
The elements that must be proven to revoke a license under the express consent law are as follows:
- You were in control of a motor vehicle.
- The officer had a basis to contact you.
- The officer had a reasonable belief that you were intoxicated.
- The officer advised you of the express consent law.
- A blood or breath test was administered in conformity with the Colorado Department of Health Regulations, or if this is a refusal, that you refused to take a test.
- If a test was given, the BAC is .080 or above.
- If a test was administered, the sample had to be given within two hours of the time of driving.
BAC .08 - .169
If all of the elements are proven at the hearing, the DMV will revoke your privilege to drive in Colorado - there are no exceptions. On a first express consent revocation, an adult driver with a BAC of .08 - .169 will receive a nine-month revocation. After serving 30 days of the revocation, you may receive an interlock restricted license. The interlock requirement will remain for the remainder of the revocation period, but may be removed after four consecutive months with no alcohol reports, no tampering or circumvention reports and no other grounds to extend the interlock requirement.
BAC .170 or above
On a first express consent revocation, an adult driver with a BAC of .170 or above will receive a revocation of nine months. After serving 30 days of the revocation you may receive an interlock restricted license, which must be maintained for a minimum of two years.
REFUSALS
If you lose your privilege to drive based on a refusal to give a test and it is your first refusal, you will receive a revocation of one year. There is no early reinstatement allowed. A revocation based on a refusal will run consecutive to any previous or subsequent suspension, revocation or denial.
REPEAT REVOCATIONS
A second Express Consent Revocation based on a BAC of .08 or above will cause a one-year revocation. Early reinstatement is not allowed. After serving the one-year revocation, you will be required to have an interlock restricted license for two years. A third or subsequent Express Consent Revocation based on a BAC of .08 or above will cause a two-year revocation. After serving one year of the revocation you may reinstate your privilege to drive with an interlock restricted license, which must be maintained for a minimum of two years.
If you have a revocation based on a second refusal, you will receive a revocation of two years. After serving one year you may reinstate early with an interlock restricted license. If you have a revocation based on a third or subsequent refusal, you will receive a revocation of three years. After serving one year you may reinstate early with an interlock restricted license, which must be maintained for the remaining two years.
DRIVERS UNDER 21
Drivers under the age of 21 who lose their license for a BAC of .08 or above or based on a refusal are not allowed early reinstatement, but must serve the full revocation period without driving. Those time periods of revocation are set forth above.
If the BAC is between .02 and .05 and a 1st offense, you will receive a three-month revocation, but can receive a Probationary Drivers License after going 30 days without driving. The total restraint remains three months. A 2nd restraint based on a BAC of .02 - .05 results in a six-month revocation. A 3rd restraint based on a BAC of .02 - .05 results in a one-year revocation.
Drivers under the age of 21 with a BAC between .051 and .079 lose their license for three months on a 1st offense, six months on a 2nd offense and one year for a 3rd or subsequent offense. There is no probationary license allowed at this alcohol level.
Commercial Driver’s License
If a driver is operating a commercial vehicle or a school bus and has an Express Consent Revocation based on a BAC of .04 to .079, a one-year revocation will be taken against his CDL. If a driver holds a commercial drivers license, is driving any motor vehicle and loses his privilege to drive at an Express Consent Hearing for the first time based on BAC of .08 - .169, his Commercial Drivers License is revoked for one year. The driver can reinstate his regular driver’s license with an interlock restricted license as stated above. If the BAC is .170 or above, the driver cannot reinstate his CDL until after the interlock requirement is removed, which means a minimum of two years and one month. A driver who has two express consent revocations and held a CDL at the time of both offenses is disqualified from ever obtaining a CDL. Both offenses must have occurred on or after October 1, 2005.
INTERLOCK DEVICES
At this time, there are four companies that provide Interlock devices for Northern Colorado. All companies provide interlocks that test specifically for alcohol. Each company's interlock system has pros and cons. To contact Smart Start, Inc., call 1-800-880-3394. To contact National Interlock call 1-800-475-5490. To contact Draeger Interlock, Inc., call 1-800-475-4590. To contact Guardian Interlock, call 1-800-499-0994. All companies schedule local installations by using its respective 1-800 phone number.
Understanding the Express Consent Law is a complicated matter. At the Fort Collins law office of David H. Johnson, of the law firm Liggett, Smith & Johnson, P.C., I evaluate your case and discuss the best options available for you.
For more information or to discuss your criminal defense needs, contact me today at my Fort Collins, Colorado, law office. Call 970-279-1968 now to schedule your FREE CONSULTATION with a Fort Collins Express Consent Lawyer.
