The law in Colorado is very strict for underage drinking.  If you are under 21 and drive after drinking, you may face very severe penalties.

If you are under 21 and are convicted of a drunk driving offense, your license will be revoked for not less than one year.

If you are under 21 and your BAC is 0.02 or above, then your license will be revoked for:

• Three months for first offense;
• Six months for second offense;
• One year for third or subsequent offense.

If you have provided a sample of your breath or blood and your BAC is over 0.08, then your drivers license will be revoked for:

• 9 months for first violation;
• 1 year for second violation;
• 2 years for third or subsequent violation.

You will be able to apply for a reinstatement after 30 days.  However, you will need an ignition interlock for the remaining 8 months (2 years if you were 0.17 or above).

On your second offense, the license revocation is one year, and the ignition interlock will be required for two years after the reinstatement.

On a third or subsequent offense, the revocation is two-years.

Knowledge Center:

What is an ignition interlock?

Your drivers license will be revoked for not less than one year if you are convicted of:

• Vehicular homicide;
• Vehicular assault;
• Criminally negligent homicide;
• Driving a motor vehicle under influence of a controlled substance;
• Driving under the influence / Driving while impaired / Driving with excessive alcoholic content;
• Any felony in which a motor vehicle was used;
• Failing to stop and render aid;
• Perjury or false affidavit or statement under oath under any law relating to the ownership or operation of a motor vehicle;
• Reckless driving three times in the last two years;
• Two drunk driving convictions in the last five years.

If you are arrested for drunk driving the police officer will confiscate your drivers license and provide you a temporary permit.  The officer will then send the state a report consisting of your license and an affidavit they’ve written of the facts surrounding your arrest.

If you want to fight the revocation of your drivers license, you must request a hearing within 7 days of receiving the notice.  If you fail to request a hearing in that time it is waived officer’s affidavit becomes final.

At the hearing, you have the right to subpoena the officer to testify.  This can be an excellent opportunity to “preview” what the officer will testify to at trial.

The judge at the hearing considers law enforcement officer’s testimony, reports written by the officer, affidavits of other persons, and any other relevant documents needed to aid in the decision.  Facts determined at hearing are independent of a court where the underlying criminal charge arise.

The standard of proof is preponderance of evidence.

Adverse decisions may be appealed within 30 days to a district court.  If you are later acquitted of the charge, your license will immediately be reinstated.

“Driving is a privilege, not a right”

But let’s face it:  In Colorado, a car is critical.  Our public transportation system is one of the best in the country, but it is no match for the convenience and ease of having your own vehicle.

If you are suspected of drunk driving, you will be asked to perform field sobriety tests and provide a sample of your breath or blood.  If the officer determines that you are intoxicated, you will be arrested.  Your court case will begin where you will fight for your freedom.  In addition, you will need to have a separate fight at a hearing to continue driving.

If you are later convicted of certain crimes, your license will also be suspended or revoked.

Knowledge Center:

What are administrative drivers license hearings?

What crimes result in the revocation of my Colorado drivers license?

What happens to my Colorado drivers license if my BAC is over 0.08?

What happens to my Colorado drivers license if I’m under 21 and charged with drunk driving?