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Colorado DUI & Commercial Drivers License – A Legal Guide

A commercial DUI in Colorado triggers a CDL suspension of one year (or three years if you were transporting hazardous waste). A second conviction results in a lifetime CDL ban. Driving with a BAC of .04% or higher is automatically illegal if you are a commercial driver, even if you are being safe and feel sober. If you are arrested, you face charges for Excess BAC CDL (“commercial DUI“). Here are three key things to know:
  1. It may be possible to reinstate your CDL 10 years into a lifetime ban if you complete a drug or alcohol program.
  2. If you were driving your personal vehicle when you were arrested for DUI, you would face a suspension of both your non-commercial license and CDL.
  3. 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, as this chart illustrates more fully:

Colorado Drunk Driving Defendant

Illegal BAC Level
Non-commercial drivers 0.08% and higher
Commercial drivers 0.04% and higher
Commercial drivers under 21 Above 0.02% to less than 0.04%
To help you better understand the laws regarding Colorado Excess BAC CDL, our Denver Colorado criminal defense lawyers discuss the following:

1. License 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 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 gets revoked, you can apply for reinstatement after the revocation period ends (one year in most cases). However, this is a more involved process than reinstating a non-commercial driver’s license. 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 undoubtedly 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
Truck driver in truck holding beer
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:
  1. The DMV case (which concerns only your license), and
  2. the criminal court case.
The criminal case usually involves charges of either: Depending on your specific case, typical criminal penalties include: The only way to avoid a license revocation is to win both your DMV case and your criminal case. However, 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, as this chart shows:
Felony DUI Crime Penalties
DUI causing injury (also called vehicular assault) Class 4 felony:
  • 2 to 5 years in prison (plus 3 years of parole) and
  • $2,000 to $500,000
DUI causing death (also called vehicular homicide) Class 3 felony:
  • 4 to 12 years in prison (plus 5 years of parole) and
  • $3,000 to $750,000

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
However, the following two crimes carry a lifetime CDL ban under federal law, even for a first offense:
  1. Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance
  2. 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: 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 immediately resume driving on your non-commercial license if you get an ignition interlock device. Though if you refused the chemical test, the wait is two months.5
Close-up of truck driver driving
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:

Legal references

  1. CRS 42-2-126. CRS 42-4-1301.1. 49 CFR 383.51.
  2. CRS 42-2-126 and 49 CFR 383.51. See also Colo. Dep’t of Revenue v. Hibbs (2005) 122 P.3d 999; Wilczynski v. People (1995) 891 P.2d 998.
  3. CRS 18-3-106. CRS 18-3-205.
  4. 49 CFR 383.51.
  5. CRS 42-2-126.

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