Understanding Express Consent Hearings and Penalties

In Colorado, if a driver is stopped for an alcohol or drug-related driving offense, he or she may receive an express consent affidavit and notice of revocation by a police officer or the Division of Motor Vehicles (DMV). The DMV may hold an administrative hearing to determine whether the driver’s license should be restricted.

Express Consent Hearings

At the hearing, the officer will review documentation submitted by the DMV and will accept the driver’s evidence and any testimony he or she wants to present.

The hearing officer will also consider two issues. The first is whether the driver operated the vehicle with a breath or blood alcohol content above the legal limit of 0.08 or higher and whether it was within two hours of the time the driver operated the vehicle.

The second is whether the driver refused to take, select or cooperate with a chemical test when a police officer had probable cause to believe that the offense occurred.

Penalties

The length of the driver’s license revocation may depend on several factors.

If the driver’s blood alcohol content was 0.08 or greater and he or she is over 21 years old, the license may be restrained for 9 months for a first offense, 12 months for a second offense and 24 months for a third offense. It may be eligible for early reinstatement.

If the driver is under 21 years of age and his or her blood alcohol content was 0.079 or less, the license may be restrained for 3 months for the first offense, 24 months for a second offense and 36 months for a third offense. It is not eligible for early reinstatement.

An experienced attorney can provide advice and representation for alcohol and drug-related offenses.

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