There Must Be Fifty Ways to Lose Your (driver's) License
| Publication year | 1993 |
| Pages | 2385 |
| Citation | Vol. 22 No. 11 Pg. 2385 |
1993, November, Pg. 2385. There Must Be Fifty Ways to Lose Your (Driver's) License
Given the fact that a driver's license is often important for work, school, day care and a variety of other purposes, it is essential for both prosecutors and defense lawyers to have as complete an understanding as possible of the consequences their actions can have on a client's driver's license. This article summarizes the ways in which a license can be denied, suspended or revoked. The article does not cover the special rules which are applicable to chauffeurs and truck drivers.
Colorado assesses points for almost all traffic convictions, and the most well-known way to lose a license is to accumulate too many points. The license of a driver who is age twenty-one or older will be suspended on the accumulation of twelve points in twelve months or eighteen points in twenty-four months. The license of a driver who is age eighteen or older, but less than twenty-one (a provisional driver) will be suspended on the accumulation of nine points in twelve months, twelve points in twenty-four months or fourteen points during the life of the license. The license of a driver under age eighteen (a minor driver) will be suspended on the accumulation of six points in twelve months or seven points during the life of the license.(fn1)
Points are counted against a license as of the date of the offense, not the date of conviction, even though the actual assessment of points cannot occur until there is a conviction.(fn2) The number of points assessed for the various offenses is set forth in CRS § 42-4-123(5). Conviction, as used in this statute, includes a traditional conviction, a traffic infraction conviction or default judgment,(fn3) a plea of nolo contendere and a conviction of a municipal ordinance which is substantially similar to a state statute.(fn4)
An excess of points results in a suspension (rather than a revocation) of the driving privilege, meaning that the driver may apply for a probationary license enabling him or her to drive to and from such places as work, school and day care.(fn5) The maximum length of a suspension ordered pursuant to this authority is one year.(fn6)
Colorado's express consent law is designed to aid law enforcement in the detection and apprehension of drivers who are under the influence of, or impaired by, the ingestion of alcohol or other drugs. The law is designed to encourage drivers to submit to a chemical test of their blood or breath (or, when drug use is suspected, a urinalysis) to determine alcohol content. It also penalizes drivers who refuse to take a chemical test or who take such a test but fail it.(fn7)
Pursuant to the express consent law, the DMV must revoke for twelve months the license of a driver who refuses to take a chemical test of blood or breath.(fn8) If that driver is subsequently convicted of a charge arising out of the same incident and is subject to another revocation because of that conviction (such as for having accumulated too many points or having sustained two alcohol convictions in five years), the subsequent revocation must be consecutive to the express consent revocation.(fn9) A person whose license is revoked under this provision is not eligible for a probationary license, no matter how great the need for such a license.(fn10)
If the driver takes the chemical test but fails it by having a blood alcohol content of .10 or greater, the DMV must revoke the license.(fn11) The period of revocation is three months for the first revocation and twelve months for any subsequent revocations. Just as with a revocation based on a refusal to take a chemical test, a driver revoked under this provision is not eligible for a probationary license.(fn12)
Conviction of certain offenses, or combinations of offenses, carries with it an automatic revocation whether or not the conviction results in the driver having accumulated too many points. Most of the offenses are traffic offenses, while others are related to the use or regulation of motor vehicles and a few are simply expressions of public policy. The offenses are set forth in CRS § 42-2-122.
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