Can the Colorado DMV Suspend a Driver’s License After a DUI Or DWAI Arrest?

The Colorado DMV can suspend a driver’s license after a DUI or DWAI (Driving While Ability Impaired) arrest if your blood alcohol content (BAC) meets specific limits or if you refuse testing, separate from any criminal court proceedings. 

This administrative action happens quickly, often before you even set foot in a courtroom for your criminal charges.

A DUI arrest sets off two distinct legal battles: one in criminal court and one with the Colorado Department of Revenue Driver Control. While the court case focuses on fines, jail time, and probation, the DMV process focuses exclusively on your driving privileges.

Many drivers assume their license is safe until a conviction occurs, only to find themselves unable to drive legally weeks after an arrest. 

Explore the following legal insights more in-depth with an experienced DUI/DWAI defense attorney from Brown Law Firm. Schedule a confidential case evaluation now to protect your freedoms and future after an arrest in Steamboat Springs, CO.

Understanding the Colorado Express Consent Law

The Colorado Express Consent law dictates that by driving on state roads, you have already consented to a chemical test of your breath or blood if a police officer has probable cause to believe you are impaired.

Violating this agreement triggers immediate consequences. If you take a breath test and blow over the BAC 0.08 legal limit in Colorado, the officer confiscates your physical license immediately and issues a temporary permit valid for seven days.

If you choose a DUI blood test, the revocation notice arrives by mail after the results come back, giving you a similar window to respond.

This administrative process catches many drivers off guard. A Steamboat Springs DUI lawyer steps in to manage these timelines, requesting a DMV Express Consent hearing to challenge the evidence before the revocation takes effect.

The DMV Hearing: Your Chance to Fight

The Colorado DMV administrative process allows you to contest the suspension, but it is not a trial with a jury. Instead, a Colorado DMV hearing officer reviews the evidence to decide if the officer did their job correctly.

Unlike criminal court, where the standard is “beyond a reasonable doubt,” the DMV only needs to prove the case by a “preponderance of the evidence.” This lower standard makes these hearings difficult to win without prepared legal representation.

During this hearing, a Routt County DUI defense attorney attacks specific technicalities:

• Did the officer have a valid reason to pull you over?
• Was the Colorado DUI breath test or blood test administered according to strict state regulations?
• Did the officer properly advise you of your rights under Express Consent?
• Was the Colorado Express Consent Affidavit filled out correctly?

Winning this hearing means the administrative revocation is dismissed, and you keep your license while the criminal case proceeds. Losing often means the Colorado DUI revocation period begins immediately.

Penalties for Refusing a Chemical Test in Colorado

Drivers sometimes refuse to take a breathalyzer test, believing it will help their criminal case by denying the state evidence of their BAC. While this might limit the prosecutor’s evidence, it triggers aggressive sanctions from the Colorado DMV Motor Vehicle Hearings Division.

A BAC test refusal in Colorado results in a “Persistent Drunk Driver” designation, even for a first offense. This designation mandates:

• A longer revocation period (typically one year for a first refusal).
• Mandatory ignition interlock device requirement for at least two years after reinstatement.
• Required alcohol education and therapy classes.
• Proof of SR-22 insurance in Colorado for reinstatement.

Attorneys handling Northwestern Colorado DUI arrests often focus on the interaction between you and the officer during the refusal. If the officer failed to explain the consequences clearly, or if confusion regarding the test options existed, the hearing officer may overturn the revocation.

Steamboat Springs License Suspension After DUI/DWAI Arrest FAQs

What challenges do unrepresented drivers face at DMV hearings?

DMV hearings are handled by hearing officers who process thousands of cases with a focus on efficiency. Without legal representation, drivers often struggle to present strong legal arguments or challenge the evidence effectively.

How can a lawyer help during a DMV hearing?

Attorneys can subpoena the arresting officer to testify, identify errors in the administrative paperwork, and challenge the evidence presented, such as the validity of DUI checkpoints or testing procedures.

Can a lawyer help secure a probationary license?

In some cases, attorneys can negotiate for probationary or restricted licenses, allowing drivers to maintain essential activities like work or school transportation during the suspension period.

What is the legal difference between a DUI and a DWAI in Colorado?

A DUI, or Driving Under the Influence, is the more serious charge and applies when a driver’s blood alcohol content (BAC) reaches 0.08% or higher, or if the driver is substantially incapable of safely operating a vehicle.

A DWAI, or Driving While Ability Impaired, is a lesser charge that applies when a driver’s BAC is 0.05% but less than 0.08%, or if the driver’s ability to drive is impaired to the slightest degree.

Both offenses carry penalties, but DUI consequences are typically more severe.

How does the DMV notify me of my license suspension after a blood test versus a breath test?

If a driver chooses a breath test and the results show a BAC of 0.08% or greater, the arresting officer immediately confiscates the physical license and issues a temporary permit, which is valid for seven days.

If a driver chooses a blood test, the officer sends the blood sample to a lab, and the revocation notice arrives by mail after the results come back if they show a BAC of 0.08% or more.

You must respond quickly to the mailed notice to protect your right to a hearing.

Can I keep my license if I was charged with DWAI, since the BAC limit is lower than for a DUI?

The Colorado DMV can still impose a license revocation even if the charge is DWAI. For example, if you refuse to submit to a chemical test, the DMV immediately imposes the full revocation penalty, regardless of whether the initial charge was DUI or DWAI. Any finding of impairment or refusal triggers the separate administrative process.

Defend Your License with Brown Law Firm

Facing the loss of your license creates immediate stress and uncertainty. The clock on your driving privileges starts ticking the moment the handcuffs go on. The administrative system waits for no one, and missing a deadline can seal your fate for months or years.

At Brown Law Firm, we understand the stakes. Our DUI and DWAI defense lawyers can help navigate the complexities of restoring your driving privileges, protecting your rights, and pursuing the freedoms you may be eligible for under the law.

If you are facing a license suspension after a DUI or DWAI arrest, contact Brown Law Firm today for a confidential consultation with our experienced criminal defense attorneys to discuss your defense strategy.

Criminal and DUI Defense Legal Resources

Navigating the aftermath of a DUI arrest requires accurate information. Our attorneys have curated these resources to provide trusted insights relevant to drivers facing criminal charges in Colorado:

• How a Criminal Defense Lawyer Can Help Reduce Your Charges
• Can You Refuse a Breathalyzer in Colorado?
• What Are Alternative Sentencing Options for Drug Crimes?
• What Are the Different Classes of Felonies in Colorado?
• DUI vs. DWAI: Difference and Impact on Your Case

For personalized legal guidance regarding your license suspension and criminal charges, contact Brown Law Firm today for a confidential case evaluation with our award-winning criminal defense lawyers in Steamboat Springs, Colorado.