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Introduction

Colorado DMV License Suspension Hearing

Colorado DMV Resources

Point Suspension

Probationary Driver’s License

Point Suspension

Each time you are convicted of a driving offense in Colorado, you are assessed “points” against your privilege to drive. Your driver’s license will be suspended if you receive too many points within a specified length of time. The courts do not suspend your license, they only report the results of your court case to the DMV. The DMV will then assess the points against you, and suspend you when you receive too many. The number of points you can get before you are suspended depends upon your age.

If you are 21 years of age or over, then

12 points within any 12 consecutive months, or
18 points within 24 consecutive months will suspend you.

If you are 18 to 20 years of age, then

9 points within 12 months, or
12 points within 24 months, or
14 points since you first received a license to drive will suspend you.

If you are 16 or 17 years of age, then

6 points within 12 months, or
7 points since you first received a license to drive will suspend you.

The maximum length of time you can be suspended for excessive points is 12 months.

The Point Suspension Hearing:

Points Assessed for
Each Type of Driving Offense:
Driving Offense Points
DUI (Driving Under the Influence of Alcohol)
12
DUID (Driving Under the Influence of Drugs)
12
Leaving the Scene of an Accident
12
Eluding a Police Officer
12
Speed Contests
12
Speeding / 40 MPH Over the Limit
12
DWAI (Driving While Ability Impaired)
8
Reckless Driving
8
Failure to Stop for a School Bus
6
Speeding / 20 to 39 MPH Over the Limit
6
Careless Driving
4
Driving on the Wrong Side of the Road
4
No Insurance / No Proof of Insurance
4
Improper Passing
4
Failure to Observe Traffic Sign / Signal
4
Failure to Yield to Emergency Vehicle
4
Speeding / 10 to 19 MPH Over the Limit
4
Failure to Yield Right of Way
3
Driving Through Safety Zone
3
Driving in Wrong Lane and Direction
3
Failure to Signal or Improper Signal
2
Improper Backing
2
Failure to Dim or Turn on Lights
2
Operating an Unsafe Vehicle
2
Speeding / 5 to 9 MPH Over the Limit
1

You are entitled to a hearing before your license to drive is suspended for points. The Colorado DMV will attempt to contact you by mail, informing you of the date and location of the hearing. The only effective defense at a point suspension hearing is that the record of your point total is incorrect. This is why it is important that when you appear in court on a Colorado traffic case, you must be careful to keep a copy of your paperwork. There are thousands of cases going through the Denver area courts. Mistakes happen, and your record may have been recorded incorrectly.

If the DMV does not have your correct address, you will likely not be notified that your license to drive is being suspended. If you receive the notice too late, you may miss the hearing that has been set, in which case your license to drive will be suspended for the maximum, which is 12 months.

It may be useful to attend the hearing, even if you cannot prevent a suspension. This is because under Colorado law, the DMV hearing office has the discretion to adjust the length of your suspension based on what information your attorney provides at the hearing. The maximum is one year, but it can be adjusted downward if the hearing officer can be convinced that one year is unreasonably long in your particular case. The officer also has the authority to grant you a probationary license, or “red” license, if they choose.

Getting Your License to Drive Reinstated:
It is important to get reinstated at the end of any license suspension. If you don’t, you may be charged with Driving Under Suspension, which is treated as a serious offense in Colorado. The DMV will immediately suspend you for an additional year. It is considered a Habitual Traffic Offense, and could result in you being suspended for five years. The criminal courts will also impose a jail sentence on you. The minimum sentence is five days in jail, however, if you were under suspension for an alcohol offense, such as DUI, the minimum sentence is 30 days jail.

The DMV will inform you of when you are eligible to reinstate your driving privileges. You will have to pay $60, and show proof that you have car insurance, in order to get reinstated. You should mail your payment and required proof four to six weeks before your reinstatement eligibility date in order to avoid delays in processing.

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