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After a DUI arrest in Colorado, one of the first concerns many people have is whether they will automatically lose their driver’s license. The short answer is: yes, license suspension can be automatic, but the process depends on a few key details like your blood alcohol content (BAC), whether you refused chemical testing, and how quickly you act after the arrest.
Colorado has both administrative and criminal penalties for DUI. The administrative process, handled by the Department of Motor Vehicles (DMV), can begin even before a court conviction is issued. If your BAC was at or above the legal limit—or if you refused testing—you could face a license suspension almost immediately. This is separate from any penalties handed down by the court.
In this post, we’ll walk through how and when license suspensions occur in DUI cases in Colorado, what triggers automatic suspension, how the administrative hearing process works, and what options you might have to challenge or reduce the suspension period.
When Does License Suspension Begin After a DUI in Colorado?
License suspension in Colorado can begin quickly after a DUI arrest, often before any court hearing or conviction has taken place. This is due to Colorado’s administrative per se laws, which allow the DMV to suspend your license based solely on your BAC or refusal to take a chemical test.
If your BAC is 0.08% or higher, or if you refuse to submit to testing, the officer will typically take your license at the scene and issue a Notice of Express Consent Affidavit and Notice of Revocation. This document informs you that your license is being revoked and starts the administrative process.
From that point, you have seven days to request a DMV hearing to challenge the suspension. If you do not request the hearing within this window, the license suspension becomes automatic and will go into effect on the eighth day following the arrest.
The suspension period depends on the offense:
- First offense with BAC ≥ 0.08%: 9-month suspension
- Refusal to test (any offense): 1-year revocation
- Repeat DUI offenses: Longer revocation periods apply
It’s important to note that the DMV process operates independently from the criminal court system. This means your license can be suspended even if you are not convicted in court.
What Triggers an Automatic Suspension in Colorado?
In Colorado, several scenarios can trigger an automatic driver’s license suspension after a DUI arrest. These are primarily tied to either BAC test results or refusal to submit to testing.
The most common triggers include:
- Testing at or above 0.08% BAC: This qualifies as a per se DUI violation, and your license is subject to administrative suspension even if no other factors are present.
- Refusing to take a chemical test: Under Colorado’s express consent law, anyone who drives in the state automatically agrees to submit to chemical testing if suspected of DUI. Refusal results in an automatic 1-year revocation, regardless of BAC or criminal conviction outcome.
- Repeat DUI arrests or convictions: If you have prior DUI offenses on record, any new violation can lead to longer, automatic suspension or revocation periods.
For drivers under 21, the BAC threshold is lower. A BAC of 0.02% or higher can trigger license penalties, even if it’s not high enough for a DUI charge under standard laws.
Suspension also applies if you test above 0.15%, which categorizes the offense as a high BAC DUI. This may not change the suspension length, but it triggers mandatory ignition interlock requirements if you apply for early reinstatement.
What’s the Difference Between Automatic Suspension and Court Suspension?
Colorado handles license suspension through two separate systems: the DMV’s administrative process and the criminal court system. These systems can result in different suspension timelines and penalties, and it’s important to understand how they interact.
- Administrative Suspension: This is handled by the DMV and is based solely on the results of your BAC test or your refusal to take one. It is enforced immediately and doesn’t require a criminal conviction.
- Court-Imposed Suspension: If you’re convicted of DUI in court, the judge can impose additional penalties, including license suspension or revocation. However, court-imposed penalties usually take longer to go into effect, as they depend on the case timeline.
In many cases, the administrative suspension occurs first, followed by a court-related suspension later. Sometimes the two overlap, and sometimes they are served separately, extending the total time without driving privileges.
The DMV and the court do not always communicate these details clearly, so it’s possible to serve your administrative suspension only to find that a court conviction restarts or adds time to your license penalty. It’s crucial to track both timelines and requirements to avoid misunderstandings that could lead to further penalties.
Can You Challenge an Automatic Suspension in Colorado?
Yes, Colorado provides a way to challenge an automatic license suspension through a DMV administrative hearing. This hearing is separate from your criminal court case and focuses only on whether the DMV has grounds to suspend your license based on the DUI arrest details.
To preserve your right to this hearing, you must request it within 7 days of receiving your Notice of Revocation. If you miss this deadline, the license suspension goes into effect automatically and cannot be reversed through the DMV.
During the hearing, you (or your representative) can present evidence, question the arresting officer, and argue why the suspension should not be enforced. Common points of argument include:
- The officer lacked reasonable suspicion to stop the vehicle
- The arrest was not based on probable cause
- The BAC test results are unreliable or improperly administered
- The officer did not follow proper procedures during the arrest
If you win the hearing, your license will not be suspended by the DMV. However, this does not prevent the court from suspending your license later if you are convicted of DUI.
It’s worth noting that the hearing outcome does not affect the criminal case, and even a successful DMV hearing does not guarantee a favorable court outcome.
What Happens If You Don’t Request a DMV Hearing?
If you do not request a hearing within the required 7-day window, your license suspension will begin automatically on the eighth day following the issuance of the revocation notice. At that point, you lose your driving privileges, and the DMV will mail you a notice confirming the suspension period.
From there, you must complete the required suspension or revocation period before becoming eligible to apply for reinstatement. Depending on the nature of the DUI offense, you may also have to fulfill additional requirements, including:
- Completion of an alcohol education or treatment program
- Proof of SR-22 insurance
- Installation of an ignition interlock device
- Payment of all applicable reinstatement fees
Failing to act within the 7-day deadline removes your ability to challenge the administrative suspension. Once it begins, the only path forward is to wait out the mandatory period or apply for early reinstatement (if eligible) with an interlock requirement.
This step is often overlooked due to confusion or delay, but it’s one of the most critical windows in the DUI process in Colorado.
Is Early License Reinstatement Possible After an Automatic Suspension?
Yes, early reinstatement is possible for many first-time DUI offenders in Colorado—but it comes with conditions. The most common path to early reinstatement is through installation of an ignition interlock device, which allows you to drive under restricted conditions during the remainder of your suspension period.
For example, if your license is suspended for nine months following a first DUI, you may be eligible for early reinstatement after one month of no driving. To qualify, you must:
- Apply for early reinstatement through the DMV
- Install an approved ignition interlock device
- Submit proof of SR-22 insurance
- Complete enrollment in an alcohol education program
If approved, you’ll receive a restricted license that allows driving only vehicles equipped with the interlock system. Violating the conditions of your restricted license may result in additional penalties or return to full suspension.
For repeat offenders or those with BAC levels of 0.15% or higher, early reinstatement is still possible, but the requirements are stricter. These individuals are typically required to use an ignition interlock for two years, even after completing the initial suspension period.
What Role Does BAC Play in Automatic Suspensions?
Your BAC level is one of the main factors in determining whether a license suspension is triggered automatically in Colorado. Here’s how it breaks down:
- BAC 0.08%–0.149%: Standard DUI threshold. Results in a nine-month license suspension for a first offense.
- BAC 0.15% or higher: Classified as a high BAC DUI. Same suspension length (nine months) but with mandatory ignition interlock requirements and additional DMV monitoring.
- BAC below 0.08%: May still result in administrative action if there is evidence of impairment, especially for drivers under 21 or commercial drivers.
- Refusal to test: Treated as seriously as a high BAC DUI. Leads to automatic one-year revocation, even for a first offense.
BAC level also affects eligibility for early reinstatement. High BAC or refusal cases are not eligible for the shorter interlock period and must complete longer ignition interlock monitoring if reinstated.
FAQ About Automatic DUI License Suspensions in Colorado
Is a DUI license suspension really automatic in Colorado?
Yes. If your BAC is at or above 0.08% or you refuse testing, the DMV will start the suspension process immediately, even before a court date.
How long do I have to request a hearing to stop the suspension?
You have 7 days from the date of arrest or notice issuance to request a DMV hearing.
Can I avoid suspension if I win my DMV hearing?
Yes. If the hearing officer rules in your favor, the DMV will not suspend your license at that time. However, court penalties may still apply later.
What if I miss the 7-day deadline?
Your license will be suspended automatically on the eighth day, and you will have to serve the full term or apply for early reinstatement (if eligible).
Is a court conviction needed to suspend my license?
No. Administrative suspension can happen with or without a court conviction. The DMV acts independently of the courts.
Do I still face suspension if my BAC was under 0.08%?
Possibly, especially if you refused testing or are under the legal drinking age. Other evidence of impairment can still trigger suspension.
Can I drive during the suspension period with an interlock device?
In many cases, yes—if you qualify for early reinstatement and follow all interlock and monitoring rules.
Conclusion
In Colorado, license suspension after a DUI is often automatic and can begin within days of the arrest—long before any court proceedings. BAC levels, test refusals, and prior offenses all play a role in determining how quickly and how long your license is suspended. While there are opportunities to challenge the suspension or seek early reinstatement, acting quickly is essential. Understanding the administrative process, your rights, and your responsibilities can help you navigate this complex situation more clearly.
For a full overview of DUI penalties and consequences, visit our guide here: DUI Penalties And Consequences.
To learn more about how license suspensions work after a DUI, see our detailed page on License Suspension and Driving Restrictions After a DUI.