Driver’s License Suspension

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Driver’s license suspension in Colorado involves a variety of regulatory and legal processes that restrict an individual’s ability to operate a motor vehicle within the state. The suspension of a driver’s license can occur for several reasons, from driving violations to issues unrelated to driving, such as failure to pay child support.

Here are some reasons for a driver’s license suspension.

Grounds for Driver’s License Suspension in Colorado

In Colorado, driver’s licenses can be suspended for reasons broadly categorized into traffic-related offenses and administrative or legal issues unrelated to driving. Here are some of the common causes:

Accumulation of Points: Colorado operates a point system that assigns points to different traffic violations. For instance, speeding, reckless driving, and DUI all add points to a driver’s record. If a driver accumulates too many points within a specified period, their license may be suspended. The point thresholds are different based on age:

Drivers under 18 years old: Suspension if 6 points are accumulated within 12 months or 7 points over the life of the license.
Drivers aged 18-21: Suspension if 9 points are accumulated within 12 months, 12 points within 24 months, or 14 points over the life of the license.
Drivers aged 21 and over: Suspension if 12 points are accumulated within 12 months or 18 points within 24 months.
Driving Under the Influence (DUI): A DUI offense, which includes driving with a blood alcohol content (BAC) of 0.08% or higher, can result in an immediate suspension. Colorado also has a “zero tolerance” rule for underage drinking and driving, which means any measurable BAC in drivers under 21 years old can result in suspension. Repeat DUI offenders face harsher penalties, including prolonged suspension periods or permanent revocation.
Refusal to Submit to Chemical Testing: Under Colorado’s “Express Consent Law,” drivers agree to submit to blood or breath tests if a law enforcement officer suspects intoxication. Refusal can result in a one-year license suspension, even if the individual is not ultimately convicted of a DUI.
Traffic Violations Resulting in Serious Injury or Death: Serious traffic violations, such as vehicular homicide or vehicular assault, lead to immediate suspension, often with extended or indefinite suspension periods.

Driving without Insurance: Operating a vehicle without proof of valid insurance can lead to suspension. For the first offense, drivers may face a four-month suspension; subsequent offenses incur longer suspensions and fines.
Non-Traffic Related Reasons: Colorado can suspend a driver’s license for various non-driving issues, including failure to pay court-ordered child support, delinquent fines, and failure to appear in court for specific criminal charges. Certain repeat or serious criminal offenses can also trigger a suspension, even if they are unrelated to vehicle operation.

Administrative Process for Suspension

The Colorado Division of Motor Vehicles (DMV), under the Colorado Department of Revenue (CDOR), is responsible for managing your driver’s license suspension. When an offense or qualifying incident occurs, the DMV may send the driver a Notice of Suspension detailing the reason for the suspension, the length of the suspension, and any additional conditions.

For specific suspensions, like those for DUI or point accumulation, the driver has the right to request a hearing. This hearing allows the driver to contest the suspension or present any mitigating factors. It is critical to note that if the driver fails to attend the scheduled hearing or does not respond to the Notice of Suspension, the suspension will go into effect automatically. These hearings are typically held at the DMV offices and are presided over by a hearing officer.

If the suspension is upheld, the individual is legally barred from driving during the suspension period. Driving on a suspended license is a criminal offense in Colorado, punishable by fines, additional suspension time, or even jail time.

Reinstatement of a Suspended License

The reinstatement process varies depending on the reason for the driver’s license suspension but generally involves completing specific legal, financial, and administrative requirements. Here are some general steps involved in reinstating a suspended driver’s license in Colorado:

Fulfill the Suspension Requirements: The driver must serve the full suspension period and, if applicable, complete court-ordered programs such as DUI education or community service.
Pay Fines and Fees: The reinstatement process often involves paying fines, court costs, and a reinstatement fee. For DUI-related suspensions, there may also be costs associated with enrolling in a drug or alcohol education program or paying for an Ignition Interlock Device (IID) if required.
Install an Ignition Interlock Device (IID): In many cases, especially for DUI suspensions, drivers are required to install an IID on their vehicles as a condition of reinstatement. An IID is a breathalyzer device connected to the vehicle’s ignition system, requiring a breath sample below a preset BAC limit before the car will start. In Colorado, the IID is often required for at least two years after a DUI conviction.
File SR-22 Insurance: Following suspension for certain traffic-related offenses, Colorado requires proof of financial responsibility, often satisfied by an SR-22 certificate. This document is provided by the insurance company and serves as proof that the driver has obtained liability insurance. This requirement generally lasts for three years but can extend longer for repeat offenses.
Reapply for a License: After meeting all requirements, the driver may need to reapply for a new license. This process could include retaking written and practical driving tests, especially if the suspension was lengthy or due to severe traffic violations.
Complete Probationary Periods: For severe violations, Colorado may place the driver on a probationary license after the suspension period, allowing them limited driving privileges but requiring strict adherence to traffic laws.

Limited Driving Privileges

In Colorado, individuals with suspended licenses can sometimes apply for a probationary or “restricted” license, allowing them to drive for essential purposes only, such as work, school, or medical appointments. This option is available primarily for point-related suspensions, first-time DUI offenders, and certain administrative suspensions. To obtain a restricted license, the driver must show proof of insurance and may be required to install an IID.

Consequences of Driving on a Suspended License

Driving on a suspended license is a serious offense in Colorado. If caught, the driver could face penalties that include fines, possible jail time, and an extension of the suspension period. Repeat offenses escalate the consequences, which can lead to felony charges if the offense involves a DUI-related suspension.

If your driver’s license has been suspended, please contact Shimon Kohn for your Free Consultation. We can help you ger your driver’s license back!

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