In Colorado, operating a commercial vehicle with a BAC of .04% or higher is prosecuted as Excess BAC CDL (“commercial DUI“). In addition to criminal penalties like fines and possibly jail, a first-time commercial DUI triggers a 1-year CDL revocation. A second offense triggers a lifetime CDL ban.
Here are three key things to know:
- It may be possible to reinstate your CDL 10 years into a lifetime ban if you complete a drug or alcohol program.
- Commercial drivers are held to a stricter standard than regular drivers, who face DUI per se charges for driving with a BAC of 0.08% or higher.
- If your CDL gets revoked, you may be able to continue driving non-commercial cars with your regular driver’s license depending on the case.
|
Colorado drunk driving defendant |
Illegal BAC level |
| Adults 21 and older in DUI cases | 0.08% and higher |
| Adults 21 and older in DWAI cases | Above 0.05% to less than 0.08% |
| Commercial drivers in DUI cases | 0.04% and higher |
| Drivers under 21 in UDD cases | Above 0.02% to 0.05% |
To help you better understand the laws regarding Colorado Excess BAC CDL, our Denver Colorado criminal defense lawyers discuss the following:
- 1. Length of revocation
- 2. Reinstatement
- 3. Criminal penalties
- 4. Non-DUI crimes
- 5. Non-CDLs
- Additional resources
1. Length of revocation
Excess BAC CDL
A first-time offense of excess BAC CDL triggers a one-year revocation of your Colorado CDL (commercial driver’s license). This revocation period increases to three years, however, if you were transporting hazardous materials at the time of the violation.
A second excess BAC CDL triggers a lifetime loss of your CDL. You can, however, apply for reinstatement after 10 years.
Excess BAC Underage CDL
Since Colorado prohibits underage drinking, the BAC threshold for underage CDL-holders is above 0.02% rather than 0.04%.
Therefore, the crime of “Excess BAC Underage CDL” occurs when you are under 21 and drive with a BAC higher than 0.02% but lower than 0.04%.
The length of your CDL revocation increases with each successive violation:
- 3 months for a first violation,
- 6 months for a second violation, and
- 1 year for a third or subsequent violation.
Colorado’s Excess BAC underage CDL law is the commercial counterpart to Colorado UDD (underage drinking and driving). In short, it is Colorado’s “zero tolerance” law for underage commercial drivers.
Note that if you are under 21, you can obtain a CDL to drive commercial motor vehicles (CMVs) solely within Colorado. You cannot cross state lines because federal law – unlike Colorado law – does not permit under-21-year-olds to hold CDLs.
Chemical test refusals
Following a commercial DUI arrest, you will be required to submit to a chemical breath test or blood test. (In rare cases, you may instead submit urine or saliva samples.)
Refusing to take a chemical test triggers a CDL revocation even if your criminal charges get dropped:
- 1 year for a first refusal (or 3 years if you were transporting hazardous materials)
- lifetime loss for a second refusal (though you can apply for reinstatement after 10 years)1
2. Reinstatement
You have just seven days from being cited for excess BAC CDL to request a CDL revocation hearing from the Colorado DMV. This hearing is an opportunity for you or your attorney to fight to keep your CDL.
If your CDL ends up getting revoked, you can apply for reinstatement after the revocation period ends (one year in most cases). This is a more involved process than reinstating a non-commercial driver’s license, though. The DMV investigates your:
- driving ability,
- habits, and
- character
to ensure you are not a safety hazard.
You may also have to complete a Level II alcohol and drug education and treatment program, especially if your BAC was 0.15% or higher or if you were classified as a PDD (persistent drunk driver).
In addition to paying any reinstatement fees, you will also have to obtain SR-22 insurance to show you have adequate liability coverage. Your commercial DUI will certainly cause your insurance premiums to skyrocket for several years.
Note that if your Colorado CDL is revoked for life, it may nevertheless be reinstated after 10 years if you have voluntarily entered and successfully completed
- a state-approved alcohol or
- drug rehabilitation program.
However, if you subsequently commit another disqualifying offense, your CDL may not be reinstated a second time.2
Commercial drivers commit DUI for having a BAC of .04% or higher, even if they are unimpaired.
3. Criminal penalties
Each Colorado DUI arrest triggers two cases:
- The DMV case (which concerns only your license), and
- the criminal court case.
The criminal case usually involves charges of either:
Depending on your specific case, typical criminal penalties include:
- fines,
- community service,
- alcohol education classes,
- jail (rare for a first-time offense), and
- license revocation followed by an ignition interlock device installation.
The only way to avoid a license revocation is to win both your DMV case and your criminal case. Though if you lose both cases, your license is not revoked for double the time: The revocation periods run concurrently.3
Note that the criminal penalties become very harsh if someone gets seriously hurt or injured:
| DUI causing injury (also called vehicular assault) | Class 4 felony:
|
| DUI causing death (also called vehicular homicide) | Class 3 felony:
|
4. Non-DUI crimes
The following non-DUI offenses trigger a one-year CDL revocation (or three years if you were transporting hazardous materials) and a lifetime CDL ban for a second violation:
- Leaving the scene of an accident
- Using the vehicle to commit a felony
- Driving a commercial motor vehicle (CMV) with a CDL that was suspended or revoked due to a prior CMV violation
- Vehicular manslaughter (whether caused by DUI or reckless driving)
- Vehicular homicide (whether caused by DUI or reckless driving)
- Negligent homicide with a CMV
- Driving without a current valid CDL
Note that the following two crimes carry a lifetime CDL ban under federal law, even for a first offense:
- Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance
- Using a CMV in the commission of a felony involving an act or practice of severe forms of trafficking in persons, as defined and described in 22 U.S.C. 7102(11)
Note that you face a 60-day CDL suspension for picking up two of the following “serious offenses” within a 3-year period:
- Speeding 15 mph or more above the limit
- Reckless driving
- Improper lane changes
- Following too closely
- Texting while driving
- Causing a fatal accident
- Driving a CMV without a CDL
Meanwhile, picking up three of these “serious offenses” within a 3-year period triggers a 120-day CDL suspension.4
Learn more about Colorado DUI laws.
5. Non-CDLs
Most DUI cases trigger revocations of both your CDL and non-commercial license.
The typical revocation periods for non-commercial licenses following a DUI are:
- 9 months for a first DUI
- 1 year for a second DUI
- 2 years for a third DUI
The typical revocation periods for non-commercial licenses following a chemical test refusal are:
- 1 year for a first refusal
- 2 years for a second refusal
- 3 years for a third refusal
However, you should be able to resume driving non-commercially after one month if you get an ignition interlock device. Though the wait is two months if you refused the chemical test.5
Commercial drivers should avoid drinking before driving, self-test with breathalyzers, and arrange for designated drivers if they do drink.
Additional resources
For more information, refer to the following:
- The Federal Motor Carrier Safety Administration (FMCSA) – Federal government agency responsible for regulating and providing safety oversight of commercial motor vehicles (CMVs).
- CDL General Information – Facts and guidance by the Colorado Department of Revenue.
- First-time CDL Driver – Information by the Colorado Department of Revenue.
- Colorado Driver Handbook – Provided by the Colorado Department of Transportation.
- Commercial Motor Vehicle Driver – Information by the U.S. Department of Transportation.