What You Need to Know About DMV Revocations for Breath or Blood Alcohol Tests …Continued

DMV REVOCATIONS FOR BLOOD TESTING

Pursuant to Colorado’s Express Consent Statute, CRS 42-4-1301.1, a motorist who is arrested for suspicion of DUI and asked to submit to a chemical test for intoxication by the arresting officer has a choice between either a blood test or breath test (barring certain extraordinary circumstances).

When the motorist chooses a blood test, two blood samples are drawn and sent to a state certified laboratory for testing.  One sample is tested and the second sample is preserved for future re-testing by the motorists.  Since the arresting officer must wait some time before receiving the results from the laboratory, the motorist’s license is returned to him or her pending the results of the test.  When the arresting officer receives the results of the blood test analysis from the laboratory and the results are above the per se limit, .08 grams of alcohol per 100 milliliters of blood, the officer will then fill out the Express Consent Affidavit and Notice of Revocation and send it along with all other supporting documentation to the Department of Motor Vehicles (DMV).

The DMV will then mail the Notice and Order of Revocation to the motorist’s last known address on file with the DMV and to any different address listed on the Express Consent Affidavit and Notice of Revocation filed out by the officer.  Colorado State residents who request a blood test after being arrested for suspicion of DUI should ensure that the DMV has their correct mailing address on file.  The Notice and Order of Revocation informs the motorist that the revocation will take place on a certain date, usually eleven (11) days from the date of the notice.  The notice also informs that motorist that they have a right to request a hearing by providing written notice and a valid driver’s license to the DMV prior to the effective date of revocation (please note written notice must be received by the DMV usually within ten (10) days of the date of the Notice and Order of Revocation).  The Notice and Order of Revocation is deemed received three (3) days after mailing by the DMV.  If the motorist makes a timely request for hearing and surrenders his or her driver’s license, the DMV will delay the effectiveness of the revocation and issue the motorist a valid permit until the date of the hearing (which is required to be held within 60 days of the request).  If a motorist fails to make a timely written request for a hearing, the revocation will take effect on the date specified on the Notice and Order of Revocation.

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