DRIVERS’ LICENSES

Part 1: Colorado Law Pertaining to the Requirement to have a Driver’s License to Operate a Motor Vehicle within the State.

Licensing Provisions Related to the Issuance of a Driver’s License Including Special Provisions Related to Motorcycle Driver Licensure.
Colorado Law Regulating the Testing of Intended Drivers, Issuance of Driver Licenses, Designation of Types of Driver Licenses, and Restrictions Applicable to Drivers’ Licenses Issued to Certain Individuals Including Drivers Under Eighteen (18) Years Old.
Description of the Colorado Drivers’ License Point System. Authority Granted the Colorado Division of Motor Vehicles to Issue and Regulate Drivers’ Licenses, including Suspending and Revoking Driver’s Licenses for the accumulation of excessive points, Driving Under The Influence, and Committing Certain Serious Traffic Offenses.

Part 2: Definition of a Habitual Traffic Offender and Requirement for the Mandatory Revocation of a Driver’s License Upon a Person becoming an Habitual Traffic Offender. Additional Colorado Law Applicable to Habitual Traffic Offenders Including Penalties for Driving as an Habitual Traffic Offender.

Part 3: Provisions Relating to the Issuance of State of Colorado Identity Cards in Lieu of a Colorado Driver’s License.

Part 4: Colorado Law applicable to the Issuance, Regulation and Suspension of Commercial Drivers’ Licenses (CDL).

Part 1 – Colorado Law Pertaining to the Requirement to have a Driver’s License to Operate a Motor Vehicle within the State.

Licensing Provisions Related to the Issuance of a Driver’s License Including Special Provisions Related to Motorcycle Driver Licensure.
Colorado Law Regulating the Testing of Intended Drivers, Issuance of Driver Licenses, Designation of Types of Driver Licenses, and Restrictions Applicable to Drivers’ Licenses Issued to Certain Individuals Including Drivers Under Eighteen (18) Years Old.
Description of the Colorado Drivers’ License Point System. Authority Granted the Colorado Division of Motor Vehicles to Issue and Regulate Drivers’ Licenses, including Suspending and Revoking Driver’s Licenses for the accumulation of excessive points, Driving Under The Influence, and Committing Certain Serious Traffic Offenses.

Licensing Provisions Related to the Issuance of a Driver’s License Including Special Provisions Related to Motorcycle Driver Licensure.

Colorado Law Regulating the Testing of Intended Drivers, Issuance of Driver Licenses, Designation of Types of Driver Licenses, and Restrictions Applicable to Drivers’ Licenses Issued to Certain Individuals Including Drivers Under Eighteen (18) Years Old.

Description of the Colorado Drivers’ License Point System. Authority Granted the Colorado Division of Motor Vehicles to Issue and Regulate Drivers’ Licenses, including Suspending and Revoking Driver’s Licenses for the accumulation of excessive points, Driving Under The Influence, and Committing Certain Serious Traffic Offenses.

42-2-101. Licenses for drivers required.

(1) Except as otherwise provided in part 4 of this article for commercial drivers, no person shall drive any motor vehicle upon a highway in this state unless such person has been issued a currently valid driver’s or minor driver’s license or an instruction permit by the department under this article.

(2) No person shall drive any motor vehicle upon a highway in this state if such person’s driver’s or minor driver’s license has been expired for one year or less and such person has not been issued another such license by the department or by another state or country subsequent to such expiration.

(3) No person shall drive any motor vehicle upon a highway in this state unless such person has in his or her immediate possession a current driver’s or minor driver’s license or an instruction permit issued by the department under this article.

(4) No person who has been issued a currently valid driver’s or minor driver’s license or an instruction permit shall drive a type or general class of motor vehicle upon a highway in this state for which such person has not been issued the correct type or general class of license or permit.

(5) No person who has been issued a currently valid driver’s or minor driver’s license or an instruction permit shall operate a motor vehicle upon a highway in this state without having such license or permit in such person’s immediate possession.

(6) A charge of a violation of subsection (2) of this section shall be dismissed by the court if the defendant elects not to pay the penalty assessment and, at or before the defendant’s scheduled court appearance, exhibits to the court a currently valid driver’s or minor driver’s license.

(7) A charge of a violation of subsection (5) of this section shall be dismissed by the court if the defendant elects not to pay the penalty assessment and, at or before the defendant’s scheduled court appearance, exhibits to the court a currently valid license or permit issued to such person or an officially issued duplicate thereof if the original is lost, stolen, or destroyed.

(8) The conduct of a driver of a motor vehicle which would otherwise constitute a violation of this section is justifiable and not unlawful when:

(a) It is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of said driver and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by this section; or

(b) The applicable conditions for exemption, as set forth in section 42-2-102, exist.

(9) The issue of justification or exemption is an affirmative defense. As used in this subsection (9), “affirmative defense” means that, unless the state’s evidence raises the issue involving the particular defense, the defendant, to raise the issue, shall present some credible evidence on that issue. If the issue involved in an affirmative defense is raised, then the liability of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the traffic infraction.

(10) Any person who violates any provision of subsection (1) or (4) of this section is guilty of a class 2 misdemeanor traffic offense. Any person who violates any provision of subsection (2), (3), or (5) of this section commits a class B traffic infraction.

(11) Notwithstanding any law to the contrary, a second or subsequent conviction under subsection (1) or (4) of this section, when a person receiving such conviction has not subsequently obtained a valid Colorado driver’s license or the correct type or general class of license, shall result in the assessment by the department of six points against the driving privilege of the person receiving such second or subsequent conviction.

Completion of applicable training and testing, and a special endorsement to a driver’s license, is required to drive most motorcycles within Colorado. A driver does not need a motorcycle endorsement to drive certain two or three wheeled motor vehicles, below a certain engine capacity, however, a valid driver’s license is required to drive such smaller vehicles.

42-2-102. Persons exempt from license.

(1) The following persons need not obtain a Colorado driver’s license:

(a) Any person who operates a federally owned military motor vehicle while serving in the armed forces of the United States;

(b) Any person who temporarily drives or operates any road machine, farm tractor, or other implement of husbandry on a highway;

(c) Any nonresident who is at least sixteen years of age and who has in his or her immediate possession a valid driver’s license issued to such nonresident by his or her state or country of residence. A nonresident who is at least sixteen years of age and whose state or country of residence does not require the licensing of drivers may operate a motor vehicle as a driver for not more than ninety days in any calendar year, if said nonresident is the owner of the vehicle driven and if the motor vehicle so operated is duly registered in such nonresident’s state or country of residence and such nonresident has in his or her immediate possession a registration card evidencing such ownership and registration in his or her own state or country.

(d) A nonresident on active duty in the armed forces of the United States if that person has in his or her possession a valid driver’s license issued by such nonresident’s state of domicile or, if returning from duty outside the United States, has a valid driver’s license in his or her possession issued by the armed forces of the United States in foreign countries, but such armed forces license shall be valid only for a period of forty-five days after the licensee has returned to the United States;

(e) The spouse of a member of the armed forces of the United States who is accompanying such member on military or naval assignment to this state, who has a valid driver’s license issued by another state, and whose right to drive has not been suspended or revoked in this state;

(f) Any nonresident who is temporarily residing in Colorado for the principal purpose of furthering such nonresident’s education, is at least sixteen years of age, has a valid driver’s license from his or her state of residence, and is considered a nonresident for tuition purposes by the educational institution at which such nonresident is furthering his or her education.

(2) Any person who has in his or her possession a valid driver’s license issued by such person’s previous state of residence shall be exempt, for thirty days after becoming a resident of the state of Colorado, from obtaining a license, as provided in section 42-2-101.

42-2-103. Motorcycles – low-power scooters – driver’s license required.

(1) (a) The department shall establish a motorcycle endorsement program for driver’s licenses, minor driver’s licenses, and instruction permits issued pursuant to this article.

(b) The department shall require an applicant for a general motorcycle endorsement to demonstrate the applicant’s ability to exercise ordinary and reasonable care and control in the operation of a motorcycle that is not an autocycle. The department shall also require an applicant for a limited three-wheel motorcycle endorsement to demonstrate the applicant’s ability to exercise ordinary and reasonable care and control in the operation of a three-wheel motorcycle that is not an autocycle.

(c) Except as provided in paragraph (e) of this subsection (1), a person shall not drive a two-wheel motorcycle on a roadway without a general motorcycle endorsement, but a person who possesses a general motorcycle endorsement may drive any motorcycle on the roadway.

(d) Except as provided in subsection (1)(e) of this section, a person with only a limited three-wheel motorcycle endorsement may drive a three-wheel motorcycle that is not an autocycle but shall not drive a two-wheel motorcycle on a roadway.

(e) The driver of a motorcycle need not obtain a two- or three-wheel motorcycle endorsement if the motorcycle is an autocycle or if the motorcycle has:

(I) Three wheels;

(II) A maximum design speed of twenty-five miles per hour or less;

(III) A windshield; and

(IV) Seat belts.

(2) (a) An operator of a low-power scooter shall possess a valid driver’s license or minor driver’s license.

(b) No low-power scooter shall be operated on any interstate system as described in section 43-2-101 (2), C.R.S., except where a bicycle may be operated on such interstate system, on any limited-access road of the state highway system as described in section 43-2-101 (1), C.R.S., or on any sidewalk, unless such operation is specifically designated. Low-power scooters may be operated upon roadways, except as provided in this section, and in bicycle lanes included within such roadways.

(2.5) An operator of an autocycle shall possess a valid driver’s license or minor driver’s license.

(3) A person who operates a motorcycle in violation of subsection (1) of this section commits the offense of driving a motor vehicle without the correct class of license in violation of section 42-2-101 (4) and shall be punished as provided in section 42-2-101 (10).

The State of Colorado has set forth certain criteria that is to be imposed by the Colorado Department of Revenue Division of Motor Vehicles for the issuance and the denial of driver’s licenses. Special provisions apply to younger drivers wishing to obtain a driver’s license for the first time.

42-2-104. Licenses issued – denied.

(1) Except as otherwise provided in this article, the department may license the following persons in the manner prescribed in this article:

(a) Any person twenty-one years of age or older, as a driver;

(b) (Deleted by amendment, L. 2000, p. 1348, § 11, effective July 1, 2001.)

(1.5) Repealed.

(2) Except as otherwise provided in this article 2, the department shall not license a person to operate any motor vehicle in this state:

(a) and (b) (Deleted by amendment, L. 2007, p. 504, § 2, effective July 1, 2007.)

(b.5) While the person’s privilege to drive is under restraint;

(c) Who has been adjudged or determined by a court of competent jurisdiction to have an alcohol use disorder, as defined in section 27-81-102, or a substance use disorder, as defined in section 27-82-102, with respect to a controlled substance, as defined in section 18-18-102 (5);

(d) Who has been adjudged or determined by a court of competent jurisdiction to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency in the manner prescribed by law.

(3) The department shall not issue a license to:

(a) Any person required by this article to take an examination until such person has successfully passed the examination;

(b) Any person required under the provisions of any motor vehicle financial safety or responsibility law to deposit or furnish proof of financial responsibility until such person has deposited or furnished such proof;

(c) Any person whose license is subject to suspension or revocation or who does not have a license but would be subject to suspension or revocation pursuant to section 42-2-125, 42-2-126, or 42-2-127;

(d) Any person not submitting proof of age or proof of identity, or both, as required by the department;

(e) A person whose presence in the United States is in violation of federal immigration laws;

(f) A person who, while under the age of sixteen, was convicted of any offense that would have subjected the person to a revocation of driving privileges under section 42-2-125 for the period of such revocation if such person had possessed a driver’s license.

(4) (a) The department shall not issue a driver’s license, including, without limitation, a temporary driver’s license pursuant to section 42-2-106 (2), to a person under eighteen years of age, unless the person has:

(I) Applied for, been issued, and possessed an appropriate instruction permit for at least twelve months;

(II) Submitted a log or other written evidence on a standardized form approved by the department that is signed by his or her parent or guardian or other responsible adult who signed the affidavit of liability or the instructor of a driver’s education course approved by the department, certifying that the person has completed not less than fifty hours of actual driving experience, of which not less than ten hours shall have been completed while driving at night.

(b) In no event shall the department issue a minor driver’s license to anyone under sixteen years of age.

(5) The department shall not issue a driver’s license to a person under sixteen years and six months of age unless the person has either:

(a) Received a minimum of twelve hours of driving-behind-the-wheel training directed by a parent, a legal guardian, or an alternate permit supervisor, which training shall be in addition to the driving experience required by subsection (4) of this section, if no entity offers approved behind-the-wheel driver training at least twenty hours a week from a permanent location with an address that is within thirty miles of the permit holder’s residence; or

(b) Received a minimum of six hours of driving-behind-the-wheel training with a driving instructor employed or associated with an approved driver education course.

(6) The department shall not issue a driver’s license, minor driver’s license, or instruction permit to an individual whose authorization to be present in the United States is temporary unless the individual applies under and complies with part 5 of this article.

42-2-105. Special restrictions on certain drivers.

(1) A person under the age of eighteen years shall not drive any motor vehicle used to transport explosives or inflammable material or any motor vehicle used as a school vehicle for the transportation of pupils to or from school. A person under the age of eighteen years shall not drive a motor vehicle used as a commercial, private, or common carrier of persons or property unless such person has experience in operating motor vehicles and has been examined on such person’s qualifications in operating such vehicles. The examination shall include safety regulations of commodity hauling, and the driver shall be licensed as a driver or a minor driver who is eighteen years of age or older.

(2) Notwithstanding the provisions of subsection (1) of this section, no person under the age of twenty-one years shall drive a commercial motor vehicle as defined in section 42-2-402 (4) except as provided in section 42-2-404 (4).

(3) Any person who violates any provision of this section commits a class A traffic infraction.

Colorado statutes provide for certain restrictions only applicable to drivers under the age of eighteen years old. These restrictions apply, in part, to the usage of seat belts and the number of person in the front and back seats of a vehicle.

42-2-105.5. Restrictions on minor drivers under eighteen years of age – penalties – legislative declaration.

(1) The general assembly finds, determines, and declares that:

(a) Teenage drivers, in order to become safe and responsible drivers, need behind-the-wheel driving experience before they can begin to drive without restrictions;

(b) Providing additional behind-the-wheel training with a parent, guardian, or other responsible adult before obtaining a minor driver’s license is the beginning of the young driver’s accumulation of experience;

(c) Once a teenage driver begins to drive without a parent, guardian, or other responsible adult in the vehicle, it is necessary to place restrictions on a teenage driver who holds a minor driver’s license until such driver turns eighteen years of age in order to give that driver time to exercise good judgment in the operation of a vehicle while keeping that driver, his or her passengers, and the public safe;

(d) Penalties for the violation of these restrictions on minor drivers under eighteen years of age, including the assessment of points where they may not otherwise be assessed, should be sufficient to ensure that chronic violations would result in swift and severe repercussions to reinforce the importance of obeying the driving laws in order to keep the minor driver, his or her passengers, and the public safe.

(2) Repealed.

(3) Occupants in motor vehicles driven by persons under eighteen years of age shall be properly restrained or wear seat belts as required in sections 42-4-236 and 42-4-237.

(4) No more than one passenger shall occupy the front seat of the motor vehicle driven by a person under eighteen years of age, and the number of passengers in the back seat of such vehicle shall not exceed the number of seat belts.

(5) (a) Except as otherwise provided in paragraph (b) of this subsection (5), any person who violates this section commits a class A traffic infraction.

(b) A violation of subsection (3) of this section is a traffic infraction, and, notwithstanding the provisions of section 42-4-1701 (4)(a)(I)(D), a person convicted of violating subsection (3) of this section shall be punished as follows:

(I) By the imposition of not less than eight hours nor more than twenty-four hours of community service for a first offense and not less than sixteen hours nor more than forty hours of community service for a subsequent offense;

(II) By the levying of a fine of not more than sixty-five dollars for a first offense, a fine of not more than one hundred thirty dollars for a second offense, and a fine of one hundred ninety-five dollars for a subsequent offense; and

(III) By an assessment of two license suspension points pursuant to section 42-2-127 (5)(hh).

Colorado law provides specific criteria as to when a person can obtain an initial instruction permit and the requirements for obtaining that instruction permit.

42-2-106. Instruction permits and temporary licenses.

(1) (a) (I) A person who is sixteen years of age or older and who, except for the person’s lack of instruction in operating a motor vehicle or motorcycle, would otherwise be qualified to obtain a license under this article may apply for a temporary instruction permit in accordance with sections 42-2-107 and 42-2-108. The department shall issue a permit entitling an applicant, who is sixteen years of age or older but under eighteen years of age, while having the permit in the applicant’s immediate possession, to drive a motor vehicle or motorcycle upon the highways when accompanied by the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who signed the affidavit of liability pursuant to section 42-2-108 (1)(a), who holds a valid Colorado driver’s license, and who occupies the front seat in close proximity to the driver or, in the case of a motorcycle, under the immediate proximate supervision of a licensed driver, who holds a valid Colorado driver’s license and is twenty-one years of age or older, authorized under this article to drive a motorcycle. In addition, the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who is authorized pursuant to this section to supervise the minor driver while the minor is driving, may allow the minor, while having the permit in the applicant’s immediate possession, to drive with an individual who holds a valid driver’s license and is twenty-one years of age or older for additional driving experience, but such additional driving experience shall not count toward the requirement established in section 42-2-104. The permit shall expire three years after issuance. The department shall issue a permit entitling the applicant, who is eighteen years of age or older, while having the permit in the applicant’s immediate possession, to drive a motor vehicle or motorcycle upon the highways when accompanied by a driver, who holds a valid Colorado driver’s license and is twenty-one years of age or older, who occupies the front seat of the motor vehicle, or if the vehicle is a motorcycle under the immediate proximate supervision of a driver, who is authorized under this article to drive a motorcycle. The permit shall expire three years after issuance.

(II) If the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who signed the affidavit of liability pursuant to section 42-2-108 (1)(a), does not hold a valid Colorado driver’s license, the parent, stepparent, grandparent with power of attorney, or guardian or foster parent may appoint an alternate permit supervisor. An alternate permit supervisor shall hold a valid Colorado driver’s license and be twenty-one years of age or older or, if the vehicle is a motorcycle, is authorized under this article to drive a motorcycle. A minor who is issued a permit under this paragraph (a) may drive a motor vehicle, including a motorcycle, under the supervision of the alternate permit supervisor if the minor has the permit in the minor’s immediate possession and the alternate permit supervisor occupies the front seat of the motor vehicle or, if the vehicle is a motorcycle, is in close proximity to the driver.

(III) If the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who signed the affidavit of liability pursuant to section 42-2-108 (1)(a), does not hold a valid Colorado driver’s license but holds a valid driver’s license from another state and is authorized to drive a motor vehicle or motorcycle and has proper military identification, then the applicant, while having the permit in the applicant’s immediate possession, shall be authorized to drive a motor vehicle, including a motorcycle, under the supervision of the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who cosigned the application for the minor’s instruction permit, if the parent, stepparent, grandparent with power of attorney, or guardian or foster parent occupies the front seat of the motor vehicle or, if the vehicle is a motorcycle, is in close proximity to the driver while the minor is driving.

(b) (I) A minor who is fifteen years of age or older and has completed a department-approved driver education course within the last six months may apply for a minor’s instruction permit, pursuant to sections 42-2-107 and 42-2-108. Nothing in this subparagraph (I) shall require a minor who is fifteen years of age or older and in the foster care system to complete and present an affidavit of liability to register for a department-approved driver education course prior to applying for a minor’s instruction permit. Upon presentation of a written or printed statement signed by the parent, stepparent, grandparent with power of attorney, or guardian or foster parent and the instructor of the driver education course that the minor has passed an approved driver education course, and a signed affidavit of liability pursuant to section 42-2-108, the department shall issue the permit entitling the applicant, while having the permit in the applicant’s immediate possession, to drive a motor vehicle, including a motorcycle, under the supervision of the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who cosigned the application for the minor’s instruction permit, if the parent, stepparent, grandparent with power of attorney, or guardian or foster parent holds a valid Colorado driver’s license and occupies the front seat of the motor vehicle or, if the vehicle is a motorcycle, is authorized under this article to drive a motorcycle and is in close proximity to the driver while the minor is driving. In addition, the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who is authorized pursuant to this section to supervise the minor driver while the minor is driving, may allow the minor, while having the permit in the applicant’s immediate possession, to drive with an individual who holds a valid driver’s license and is twenty-one years of age or older for additional driving experience, but such additional driving experience shall not count toward the requirement established in section 42-2-104. The permit shall also entitle the applicant to drive a motor vehicle, including a motorcycle, that is marked to indicate that it is a motor vehicle used for instruction and that is properly equipped for instruction, upon the highways when accompanied by or under the supervision of an approved driver education instructor who holds a valid Colorado driver’s license. Driver education instructors giving instruction in motorcycle safety shall have a valid motorcycle driver’s license from Colorado and shall have successfully completed an instruction program in motorcycle safety approved by the department. The permit shall expire three years after issuance.

(II) If the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who signed the affidavit of liability pursuant to section 42-2-108 (1)(a), does not hold a valid Colorado driver’s license, the parent, stepparent, grandparent with power of attorney, or guardian or foster parent may appoint an alternate permit supervisor. An alternate permit supervisor shall hold a valid Colorado driver’s license and be twenty-one years of age or older or, if the vehicle is a motorcycle, is authorized under this article to drive a motorcycle. A minor who is issued a permit under this paragraph (b) may drive a motor vehicle, including a motorcycle, under the supervision of the alternate permit supervisor if the minor has the permit in the minor’s immediate possession and the alternate permit supervisor occupies the front seat of the motor vehicle or, if the vehicle is a motorcycle, is in close proximity to the driver.

(c) A person sixteen years of age or older who, except for his or her lack of instruction in operating a motorcycle would otherwise be qualified to obtain a driver’s license under this article to drive a motorcycle may apply for a temporary instruction permit, pursuant to sections 42-2-107 and 42-2-108. The department shall issue the permit entitling the applicant, while having the permit in the applicant’s immediate possession, to drive a motorcycle upon the highways while under the immediate supervision of a licensed driver, who holds a valid Colorado driver’s license and is twenty-one years of age or older, authorized under this article to drive a motorcycle. The permit shall expire three years after issuance.

(d) (I) A minor fifteen and one-half years of age but less than sixteen years of age who has completed a four-hour prequalification driver awareness program approved by the department may apply for a minor’s instruction permit pursuant to sections 42-2-107 and 42-2-108. Upon presenting a written or printed statement signed by the parent, stepparent, grandparent with power of attorney, or guardian or foster parent of the applicant and documentation that the minor completed the driver awareness program, the department shall issue a permit entitling the applicant, while having the permit in the applicant’s immediate possession, to drive a motor vehicle, including a motorcycle, under the supervision of the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who cosigned the application for the minor’s instruction permit, if the parent, stepparent, grandparent with power of attorney, or guardian or foster parent holds a valid Colorado driver’s license and occupies the front seat of the motor vehicle or, if the vehicle is a motorcycle, is authorized under this article to drive a motorcycle and is in close proximity to the driver while he or she is driving. In addition, the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who is authorized pursuant to this section to supervise the minor driver while the minor is driving, may allow the minor, while having the permit in the applicant’s immediate possession, to drive with an individual who holds a valid driver’s license and is twenty-one years of age or older for additional driving experience, but such additional driving experience shall not count toward the requirement established in section 42-2-104. The permit shall expire three years after issuance.

(II) If the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who signed the affidavit of liability pursuant to section 42-2-108 (1)(a), does not hold a valid Colorado driver’s license, the parent, stepparent, grandparent with power of attorney, or guardian or foster parent may appoint an alternate permit supervisor. An alternate permit supervisor shall hold a valid Colorado driver’s license and be twenty-one years of age or older or, if the vehicle is a motorcycle, is authorized under this article to drive a motorcycle. A minor who is issued a permit under this paragraph (d) may drive a motor vehicle, including a motorcycle, under the supervision of the alternate permit supervisor if the minor has the permit in the minor’s immediate possession and the alternate permit supervisor occupies the front seat of the motor vehicle or, if the vehicle is a motorcycle, is in close proximity to the driver.

(e) Repealed.

(f) Notwithstanding paragraphs (a) to (d) of this subsection (1), a temporary instruction permit to operate a commercial motor vehicle as defined in section 42-2-402 shall expire one year after issuance.

(g) A person who qualifies for a permit under subsection (1)(a), (1)(b), (1)(c), or (1)(d) of this section and who has a disability that requires the person to use a special vehicle or qualifies the person for parking privileges under section 42-3-204 may apply for an instruction permit in accordance with the subsection under which the person qualifies for a permit. Upon determining that a person is qualified for the permit, the department shall issue a permit entitling an applicant to drive a motor vehicle or motorcycle upon the highways in accordance with the requirements of the subsection under which the person qualifies for the permit and any further requirements the department may reasonably require due to the person’s disability. The permit expires three years after issuance.

(2) (a) The department, in its discretion, may issue a temporary driver’s license to an applicant, who is not a first time applicant in Colorado or who is under eighteen years of age and is accompanied by a responsible party meeting the requirements of section 42-2-108 (1), for a minor driver’s or driver’s license which will permit such applicant to operate a motor vehicle while the department completes its verification of all facts relative to such applicant’s right to receive a minor driver’s or driver’s license.

(b) The department shall issue a temporary driver’s license to a first time applicant in Colorado for a minor driver’s or driver’s license that will permit such applicant to operate a motor vehicle while the department completes its verification of all facts relative to such applicant’s right to receive a minor driver’s or driver’s license including the age, identity, and residency of the applicant, unless such applicant is under eighteen years of age and is accompanied by a responsible adult meeting the requirements of section 42-2-108 (1). Such verification shall include a comparison of existing driver’s license and identification card images in department files with the applicant’s images to ensure such applicant has only one identity.

(c) A temporary license is valid for up to one year as determined by the department, unless extended by the department, and must be in such applicant’s immediate possession while operating a motor vehicle. It shall be invalid when the permanent license has been issued or has been refused for good cause.

(3) Any person who violates any provision of this section commits a class A traffic infraction.

42-2-107. Application for license or instruction permit – anatomical gifts – donations to Emily Keyes – John W. Buckner organ and tissue donation awareness fund – legislative declaration – rules – annual report – repeal.

(1) (a) (I) To be acceptable, every application for an instruction permit or for a driver’s or minor driver’s license must be made upon forms furnished by the department and accompanied by the required fee. The department shall set the fee in accordance with section 42-2-114.5 (2). The department shall transfer the fee to the state treasurer, who shall credit it to the licensing services cash fund created in section 42-2-114.5 (1). Every applicant shall submit with the application proof of age or proof of identity, or both, as the department may require.

(II) If an applicant is applying for an instruction permit or driver’s or minor driver’s license for the first time in Colorado and the applicant otherwise meets the requirements for such license or permit, the applicant shall receive a temporary license or instruction permit pursuant to section 42-2-106 (2) until the department verifies all facts relative to such applicant’s right to receive an instruction permit or minor driver’s or driver’s license including the age, identity, and residency of the applicant.

(b) (I) An applicant who submits proof of age or proof of identity issued by an entity other than a state or the United States shall also submit such proof as the department may require that the applicant is lawfully present in the United States.

(II) An applicant who submits, as proof of age or proof of identity, a driver’s license or identification card issued by a state that issues drivers’ licenses or identification cards to persons who are not lawfully present in the United States shall also submit such proof as the department may require that the applicant is lawfully present in the United States.

(c) The department shall not issue a driver’s or minor driver’s license to a person who is not lawfully present in the United States.

(d) The department may not issue a driver’s or minor driver’s license to any person who is not a resident of the state of Colorado. The department shall issue such a license only upon the furnishing of such evidence of residency as the department may require.

(2) (a) (I) Every application shall state the full name, date of birth, sex, and residence address of the applicant; briefly describe the applicant; be signed by the applicant with such applicant’s usual signature; have affixed thereon the applicant’s fingerprint; and state whether the licensee has ever been licensed as a minor driver or driver and, if so, when and by what state or country and whether any such license has ever been denied, suspended, or revoked, the reasons therefor, and the date thereof. These statements shall be verified by the applicant’s signature thereon.

(II) In addition to the information required by subparagraph (I) of this paragraph (a), every application shall include the opportunity for the applicant to self-identify his or her race or ethnicity. The race or ethnicity information that may be identified on the application shall not be printed on the driver’s license but shall be maintained in the stored information as defined by section 42-2-114 (1)(b). That information must be accessible to a law enforcement officer through magnetic or electronic readers.

(b) (I) In addition to the requirements of paragraph (a) of this subsection (2), an application shall state that:

(A) The applicant understands that, as a resident of the state of Colorado, any motor vehicle owned by the applicant must be registered in Colorado pursuant to the laws of the state and the applicant may be subject to criminal penalties, civil penalties, cancellation or denial of the applicant’s driver’s license, and liability for any unpaid registration fees and specific ownership taxes if the applicant fails to comply with such registration requirements; and

(B) The applicant agrees, within thirty days after the date the applicant became a resident, to register in Colorado any vehicle owned by the applicant.

(II) The applicant shall verify the statements required by this paragraph (b) by the applicant’s signature on the application.

(2.5) (a) Any male United States citizen or immigrant who applies for an instruction permit or a driver’s license or a renewal of any such permit or license and who is at least eighteen years of age but less than twenty-six years of age shall be registered in compliance with the requirements of section 3 of the “Military Selective Service Act”, 50 U.S.C. App. sec. 453, as amended.

(b) The department shall forward in an electronic format the necessary personal information of the applicants identified in paragraph (a) of this subsection (2.5) to the selective service system. The applicant’s submission of an application shall serve as an indication that the applicant either has already registered with the selective service system or that he is authorizing the department to forward to the selective service system the necessary information for such registration. The department shall notify the applicant that his submission of an application constitutes consent to registration with the selective service system, if so required by federal law.

(3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), an application for a driver’s or minor driver’s license shall include the applicant’s social security number, which shall remain confidential and shall not be placed on the applicant’s driver’s or minor driver’s license; except that such confidentiality shall not extend to the state child support enforcement agency, the department, or a court of competent jurisdiction when requesting information in the course of activities authorized under article 13 of title 26, C.R.S., or article 14 of title 14, C.R.S. If the applicant does not have a social security number, the applicant shall submit a sworn statement made under penalty of law, together with the application, stating that the applicant does not have a social security number.

(b) If federal law is changed to prohibit the collection of social security numbers on driver’s license applications, the department shall automatically stop its practice of including applicants’ social security numbers on applications for driver’s and minor driver’s licenses as specified in paragraph (a) of this subsection (3).

(c) A sworn statement that is made under penalty of perjury shall be sufficient evidence of the applicant’s social security number required by this subsection (3) and shall authorize the department to issue a driver’s or minor driver’s license to the applicant. Nothing in this paragraph (c) shall be construed to prevent the department from cancelling, denying, recalling, or updating a driver’s or minor driver’s license if the department learns that the applicant has provided a false social security number.

(4) (a) (Deleted by amendment, L. 2004, p. 1891, § 4, effective August 4, 2004.)

(b) (I) (A) The general assembly hereby finds, determines, and declares that the availability of human organs and tissue by voluntary designation of donors under the provisions of the “Revised Uniform Anatomical Gift Act”, part 2 of article 19 of title 15, is critical for advancements in medical science to occur and for the successful use of various medical treatments to save and prolong lives.

(B) The general assembly further finds, determines, and declares that state government should play a role in increasing the availability of human organs and tissue to procurement organizations, as defined in section 15-19-202, by acting as a conduit to make money available for promoting organ and tissue donation and that this role constitutes a public purpose.

(II) There is hereby created in the state treasury the Emily Keyes – John W. Buckner organ and tissue donation awareness fund, which shall consist of all moneys credited thereto from all sources including but not limited to moneys collected from voluntary contributions for organ and tissue donation pursuant to subparagraph (V) of this paragraph (b) and section 42-2-118 (1)(a)(II). All moneys in the fund are hereby continuously appropriated to the department of the treasury and shall remain in the fund to be used for the purposes set forth in subparagraph (III) of this paragraph (b) and shall not revert to the general fund or any other fund. All interest derived from the deposit and investment of this fund shall be credited to the fund. At least quarterly, the state treasurer shall transfer all available moneys in the Emily Keyes – John W. Buckner organ and tissue donation awareness fund to Donor Alliance, Inc., or its successor organization, as directed by sub-subparagraph (A) of subparagraph (III) of this paragraph (b).

(III) At least quarterly, the state treasurer shall transfer all available money from the Emily Keyes – John W. Buckner organ and tissue donation awareness fund:

(A) To donor alliance, inc., or its successor organization, to provide funding for activities to promote organ and tissue donation through the creation and dissemination, by means of electronic media and otherwise, of educational information including public service announcements and information to increase awareness in the medical professions and related fields. Donor Alliance, Inc., or its successor organization, shall create, by amendment to its articles of incorporation or bylaws or otherwise, as appropriate, an advisory group to allocate moneys received pursuant to this sub-subparagraph (A). Such advisory body shall include a representative of any qualified transplant organization. Such organizations shall include those for organs, tissue, and living donations. The advisory body created under this sub-subparagraph (A) shall report in writing in a form and manner determined by the department and at such intervals as required by the department on the use of moneys received under this sub-subparagraph (A). No moneys made available pursuant to this paragraph (b) shall be used to encourage fetal tissue donation.

(B) (Deleted by amendment, L. 98, p. 1172, § 9, effective June 1, 1998.)

(C) Before any payment to donor alliance, inc., or its successor organization, from the Emily Keyes – John W. Buckner organ and tissue donation awareness fund may be made for any purpose, to the department for the reasonable costs associated with the initial installation of the organ and tissue donor registry, the setup for electronic transfer of the donor information for the organ and tissue donor registry to the federally designated organ procurement organization, and computer programming, reprogramming, and form changes necessary as a result of the creation or modification of the organ and tissue donor registry.

(D) To donor alliance, inc., or its successor organization, for the costs associated with educating the public about the organ and tissue donor registry pursuant to section 15-19-220.

(IV) Appropriations made by the general assembly pursuant to subparagraph (III) of this paragraph (b) shall not exceed moneys in the Emily Keyes – John W. Buckner organ and tissue donation awareness fund that are available for appropriation.

(V) An applicant may make a donation of one dollar or more to the Emily Keyes – John W. Buckner organ and tissue donation awareness fund, created in subsection (4)(b)(II) of this section, to promote the donation of organs and tissues under the “Revised Uniform Anatomical Gift Act”, part 2 of article 19 of title 15. The department shall collect the financial donations and transmit them to the state treasurer, who shall credit them to the Emily Keyes – John W. Buckner organ and tissue donation awareness fund. The donation prescribed in this subsection (4)(b)(V) is voluntary and may be refused by the applicant. The department shall make available informational booklets or other informational sources on the importance of organ and tissue donations to applicants as designed and approved by the advisory body created under subsection (4)(b)(III)(A) of this section. The department shall inquire of each applicant at the time the completed application is presented whether the applicant is interested in making a donation of one dollar or more and shall also specifically inform the applicant of the option for organ and tissue donations. The department shall also provide written information designed and approved by the advisory body created under subsection (4)(b)(III)(A) of this section to each applicant volunteering to become an organ and tissue donor. The written information shall disclose that the applicant’s name shall be transmitted to the organ and tissue donor registry authorized in section 15-19-220, and that the applicant shall notify the federally designated organ procurement organization of any changes to the applicant’s donor status. The issuance of an identification card, a driver’s license, or an instruction permit with a donor’s designation completes the donation process and is effective unless revoked pursuant to section 15-19-206 of the “Revised Uniform Anatomical Gift Act”, part 2 of article 19 of title 15.

(V.5) Designation on a donor’s driver’s license or permit shall fulfill the release requirements set forth in section 24-72-204 (7)(b), C.R.S.

(VI) The provisions of article 16 of title 6, C.R.S., shall not apply to the activities of the department under this paragraph (b).

(VII) By October 1, 2017, and by each October 1 thereafter, Donor Alliance, Inc., or its successor organization, shall submit to the department an annual report detailing the amounts and specific uses of all funds received by Donor Alliance, Inc., from the Emily Keyes – John W. Buckner organ and tissue donation awareness fund.

(VIII) This subsection (4)(b) is repealed, effective September 1, 2027.

(5) (a) (I) Prior to the issuance of a driver’s or minor driver’s license, the department shall determine if there are any outstanding judgments or warrants entered or issued against the applicant pursuant to section 42-4-1709 (7).

(II) For the purposes of this subsection (5), “outstanding judgments or warrants” does not include any judgment or warrant reported to the department in violation of the provisions of section 42-4-110.5 (2)(c).

(b) If the department determines that there are no outstanding judgments or warrants entered or issued against the applicant and if all other conditions for issuance required by articles 1 to 4 of this title are met, the department shall issue the license.

(c) If the department determines that there are outstanding judgments or warrants entered or issued against the applicant and the applicant is subject to the provisions of section 42-4-1709 (7), the license shall not be issued until the applicant has complied with the requirements of that section. Any person who satisfies an outstanding judgment or warrant entered pursuant to section 42-4-1709 (7) shall pay to the court a thirty-dollar administrative processing fee for each such judgment or warrant in addition to all other penalties, costs, or forfeitures. The court shall remit fifty percent of the administrative processing fee to the department of revenue, and the other fifty percent shall be retained by the issuing court.

(6) Notwithstanding the amount specified for any fee in this section, the executive director of the department by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

42-2-108. Application of minors.

(1) (a) The application of any person under eighteen years of age for an instruction permit or minor driver’s license shall be accompanied by an affidavit of liability signed and verified by the parent, stepparent, grandparent with power of attorney, guardian, spouse of the applicant if the spouse is eighteen years of age or older, or, in the event there is no such person, guardian, or spouse, any other responsible adult who is willing to assume the obligation imposed under this article 2 upon an adult signing the affidavit of liability for a minor. When an applicant has been made a ward of any court in the state for any reason and has been placed in a foster home, the foster parents or parent may sign the affidavit of liability for the minor. If the parent or foster parent is unwilling or unable to sign the affidavit of liability, a guardian ad litem, a designated official of the county department of social services having custody of the applicant, or a designated official of the division of youth services in the department of human services having custody of the applicant may sign the application for an instruction permit without signing the affidavit of liability for the minor if the requirements of subsection (1)(b) of this section are met; except that, prior to signing the application for an instruction permit, the guardian ad litem or other designated official shall notify the court of his or her intent to sign the application, and except that, the guardian ad litem or designated official shall not sign the application for an instruction permit for a minor who is placed in a foster care home and is under seventeen and one-half years of age without first obtaining the consent of the foster parent. If the minor is seventeen and one-half years of age or older and is in the care of a foster parent, in order to prepare the minor for emancipation from foster care and to assist the minor in obtaining important life skills, the guardian ad litem or designated official shall consult with the foster parent of the minor about the opportunity for the minor to learn driving skills under the restrictions provided in subsection (1)(b) of this section prior to signing an application for an instruction permit. The guardian ad litem or designated official shall solicit the opinion of the minor’s foster parent concerning the minor’s ability to exercise good judgment and make decisions as well as the minor’s overall capacity to drive. When a minor to whom an instruction permit or minor driver’s license has been issued is required to appear before the department for a hearing pursuant to any provision of this article 2, the minor must be accompanied by the person who signed the affidavit of liability for the minor or by the guardian ad litem or designated official who signed the application for an instruction permit for the minor. If the person who signed the minor’s affidavit of liability or application for an instruction permit is unable to attend the hearing, he or she shall submit to the department a verified signed statement certifying under oath that he or she is aware of the purpose of the hearing but cannot attend.

(b) The department shall issue an instruction permit to an applicant under the age of eighteen years who is otherwise eligible to obtain an instruction permit and who has been made a ward of the court and who is in out-of-home placement without the requirement of a parent, guardian, stepparent, or foster parent signing an affidavit of liability if the following requirements are met:

(I) The guardian ad litem, a designated official of the county department of social services having custody of such applicant, or a designated official of the division of youth services in the department of human services having custody of such applicant signs the application for an instruction permit;

(II) (A) If the minor is in the care of a foster parent and is under seventeen and one-half years of age, the foster parent consents to the minor learning driving skills under the restrictions provided in this subsection (1); or

(B) If the minor is in the care of a foster parent and is at least seventeen and one-half years of age, the guardian ad litem or the designated official has consulted with the foster parent prior to signing the application for an instruction permit;

(III) The applicant is enrolled in or will be enrolled in a commercial driving course that insures the motor vehicles in which the applicant will be driving as a student for property damage and personal injury; and

(IV) The commercial driving course maintains possession of the applicant’s instruction permit at all times.

(1.5) (a) The application of any person under the age of eighteen years for an instruction permit or minor driver’s license shall include the option for a minor to be an organ or tissue donor.

(b) Repealed.

(c) Any person under the age of eighteen years who volunteers to donate anatomical gifts by designation on an instructional permit or minor driver’s license shall include a notice of consent signed and verified by the father or the mother of the applicant, or, in the event neither parent is living, by the person or guardian having proof of legal custody of such minor, or by the spouse of the applicant if the spouse of the applicant is eighteen years of age or older.

(d) If the person under the age of eighteen years who volunteers to donate anatomical gifts by designation on an instructional permit or minor driver’s license is an emancipated minor, a notice of consent is not necessary for an anatomical gift to be valid.

(2) Any negligence or willful misconduct of a minor under the age of eighteen years who drives a motor vehicle upon a highway is imputed to the person who signed the affidavit of liability which accompanied the application of such minor for a permit or license. Such person is jointly and severally liable with such minor for any damages caused by such negligence or willful misconduct, except as otherwise provided in subsection (3) of this section.

(3) In the event this state requires a minor under the age of eighteen years to deposit, or there is deposited upon such minor’s behalf, proof of financial responsibility with respect to the operation of a motor vehicle owned by such minor or, if such minor is not the owner of a motor vehicle, with respect to the operating of any motor vehicle, in form and in amounts as required under the motor vehicle financial responsibility laws of this state, then the department may accept the application of such minor when accompanied by an affidavit of liability signed by one parent or the guardian of such minor, except as otherwise provided in subsection (1) of this section. While such proof is maintained, such parent or guardian is not subject to the liability imposed under subsection (2) of this section. Nothing in this section requires a foster parent to sign an affidavit of liability for a foster child and nothing in this section precludes a foster parent from obtaining a named driver’s exclusion on the foster parent’s insurance policy.

(4) Repealed.

42-2-109. Release from liability.

(1) Any person who has signed the affidavit of liability which accompanied the application of a minor for a minor driver’s license or permit may thereafter file with the department a verified written request that the license of said minor be cancelled. Upon receipt of such request, the department shall cancel the license of said minor, unless the minor has already reached the age of eighteen years, and the person who signed the affidavit of liability for such minor shall be relieved from all liability imposed by section 42-2-108 (2).

(2) When such minor reaches the age of eighteen years, the person who signed the minor’s affidavit of liability is relieved of all liability imposed by section 42-2-108 (2).

42-2-110. Revocation upon death of signer for minor.

(1) The department, upon receipt of satisfactory evidence of the death of the person who signed the affidavit of liability which accompanied the application for a license of such minor, shall cancel such license, unless the minor has already reached the age of eighteen years, and shall not issue a new license until such time as a new application is made pursuant to the provisions of this article.

(2) In the event of the death of the signer, a licensee under the age of eighteen years shall notify the department and secure the necessary new signer.

Colorado statutes mandate the examination of initial drivers and also experienced drivers under certain circumstances.

42-2-111. Examination of applicants and drivers – when required.

(1) (a) The department shall examine every applicant for a driver’s or minor driver’s license. The executive director of the department, in the director’s discretion, may conduct the examination in any county convenient for the applicant. The examination shall include a test of the applicant’s eyesight, his or her ability to read and understand highway signs that regulate, warn, and direct traffic, and his or her knowledge of the traffic laws of this state, an actual demonstration of the applicant’s ability to exercise ordinary and reasonable care and control in the operation of a motor vehicle, and such further physical and mental examination as the department finds necessary to determine the applicant’s fitness to operate a motor vehicle safely upon the highways; except that an applicant seeking renewal of a driver’s license by mail under section 42-2-118 need only submit the information required by that section.

(b) The department, in issuing the drivers’ licenses for certain types or general classes of vehicles, may waive any examination required by paragraph (a) of this subsection (1) for applicants and may certify certain employers, governmental agencies, or other appropriate organizations to train and examine all applicants for such certain types or general classes of licenses, if such training and examination is equal to the training and examination of the department.

(2) Repealed.

(3) (a) If the department has evidence that indicates that a licensed driver or minor driver is incompetent or otherwise not qualified to be licensed, it may, upon written notice of at least ten days to the licensee, require such driver to submit to an examination.

(b) If a fatal motor vehicle accident involving one or more licensed drivers or minor drivers occurs, the department, if deemed appropriate, shall mail a written notice to all such drivers involved in the accident requiring such drivers to submit to examination. If the department has not mailed a written notice to any driver involved in a fatal accident within ninety days after the department receives notice regarding such accident, the department shall not require an examination of such driver based upon such accident.

(c) Upon the conclusion of an examination required under this subsection (3), the department shall take such action as it deems appropriate and may deny, cancel, suspend, or revoke the license of such person or permit that person to retain such license subject to the restrictions under section 42-2-116. Refusal or failure of the licensee to submit to such examination shall be grounds for suspension or revocation of such person’s license. Such decision of the department shall be reviewed by a court of record upon appeal to that court by the party aggrieved.

(4) The department shall prepare and print rules, requirements, and regulations for the mandatory use of license examiners, and the same shall be strictly adhered to in the examination of all drivers.

It can sometimes be the case that the physical or mental ability of a Colorado driver to drive safely is drawn into questions. This provision provides procedures to be implemented by the Colorado Division of Motor Vehicles (DMV) to review the medical and/or psychological fitness of a driver.

42-2-112. Medical advice – use by department – provider immunity.

(1) In order to determine whether any licensed driver or any applicant for a driver’s license is physically or mentally able to operate a motor vehicle safely upon the highways of this state, the department is authorized, pursuant to this section and upon the adoption of rules concerning medical criteria for driver licensing, to seek and receive a written medical opinion from any physician, physician assistant, or optometrist licensed in this state. Such written medical opinion may also be used by the department in regard to the renewal, suspension, revocation, or cancellation of drivers’ licenses pursuant to this article. No written medical opinion shall be sought pursuant to this section unless the department has reason to believe that the driver or applicant is physically or mentally unable to operate a motor vehicle safely upon the highways of this state.

(2) In addition to the written medical opinion sought and received pursuant to subsection (1) of this section, the department may consider a written medical opinion received from the personal physician, physician assistant, or optometrist of an individual driver or applicant. Any written medical opinion requested by the applicant or driver from a personal physician, physician assistant, or optometrist shall be provided to the department at the expense of the applicant or driver. Any written medical opinion required by the department shall also be at the expense of the applicant or driver.

(3) No civil or criminal action shall be brought against any physician, physician assistant, or optometrist licensed to practice in this state for providing a written medical or optometric opinion pursuant to subsection (1) or (2) of this section if the physician, physician assistant, or optometrist acts in good faith and without malice.

(4) A written medical opinion received by the department which relates to an individual applicant or driver is for the confidential use of the department in making decisions on the individual’s qualifications as a driver, and the written medical opinion shall not be divulged to any person, except to the applicant or driver, or used in evidence in any trial or proceeding except in matters concerning the individual’s qualifications to receive or retain a driver’s license.

(5) Written medical opinions received by the department pursuant to this section, in addition to other sources of information, may be used by the department in the adoption of administrative rules concerning medical criteria for driver licensing.

42-2-113. License examiners appointed.

The department may appoint license examiners for any county in this state to conduct local examinations for all types of drivers’ licenses. The officers of the department shall conduct the examination as prescribed by law for all drivers in the county and collect the fees as provided in section 42-2-114 and remit the same to the department, which shall transfer the same to the credit of the highway users tax fund; except that, for fiscal years 2012-13 through 2014-15, to the state treasurer, who shall credit the fees to the licensing services cash fund created in section 42-2-114.5.

42-2-114. License issued – fees – rules – repeal.

(1) (a) (I) The department, upon payment of the required fee and the surrender or cancellation of any previously issued Colorado identification card, shall issue to every applicant, who is not a first time applicant in Colorado or who is under eighteen years of age and is accompanied by a responsible adult meeting the requirements of section 42-2-108 (1), qualifying therefor either a driver’s or minor driver’s license according to the qualification for either license.

(II) The department, after payment of the required fee and the surrender or cancellation of any previously issued Colorado identification card, shall issue an instruction permit or minor driver’s or driver’s license to a first time applicant in Colorado only after the department completes its verification of all facts relative to such applicant’s right to receive an instruction permit or minor driver’s or driver’s license including the age, identity, and residency of the applicant, unless such applicant is under eighteen years of age and is accompanied by a responsible adult meeting the requirements of section 42-2-108 (1). By July 1, 2002, such verification shall utilize appropriate and accurate technology and techniques. Such verification shall include a comparison of existing driver’s license and identification card images in department files with the applicant’s images to ensure such applicant has only one identity. Only one fee shall be assessed for the issuance of a temporary license and a subsequent minor driver’s or driver’s license issued as a result of the same application.

(III) Such license shall bear thereon the following:

(A) The photograph of the licensee, which shall be taken and processed with equipment leased or owned by the department;

(B) A distinguishing number assigned to the licensee;

(D) The type or general class of vehicles the licensee may drive;

(E) Any restrictions applicable to the licensee;

(F) The expiration date of the license;

(G) The official seal of the department;

(H) A reference to the previous license issued to the licensee;

(I) The usual signature of the licensee;

(J) Repealed.

(K) One or more security features that are not visible and are capable of authenticating such license and any information contained therein.

(IV) The department shall promulgate rules that shall not allow the access and use of images, unless such images are used for the following:

(A) To aid a federal, state, or local government agency in carrying out such agency’s official functions pursuant to section 24-72-204 (7), C.R.S.;

(B) To aid the department to ascertain a person’s correct identity; or

(C) To aid the department to prevent the issuance of multiple driver’s licenses or identification cards to the same person.

(V) The department shall promulgate rules that shall not allow the access and use of image comparison technology, unless such technology is used for the following:

(A) To aid a federal, state, or local government agency in carrying out such agency’s official functions pursuant to section 24-72-204 (7), C.R.S., so long as such federal, state, or local government agency has a reasonable suspicion that a crime has been committed or will be committed and a reasonable suspicion that the image requested is either the perpetrator of such crime or a victim of such crime;

(B) To aid the department to ascertain a person’s correct identity when there is reasonable suspicion that the person has used a driver’s license or identification card to create a false identity. Nothing in this sub-subparagraph (B) shall be construed to prohibit the department from ascertaining an applicant’s correct identity upon application for a driver’s license or identification card.

(C) To aid the department to prevent the issuance of multiple driver’s licenses or identification cards to the same person.

(VI) Nothing in subparagraph (IV) or (V) of this paragraph (a) shall be construed to require the department to purchase or implement a system that can be used by a person who is not an employee, officer, or agent of the department to access image comparison technology.

(b) (I) In the event the department issues a driver’s license that contains stored information, such license may include only the information that is specifically referenced in paragraph (a) of this subsection (1) and that appears in printed form on the face of the license issued by the department to the licensee and any race or ethnicity information identified on the application pursuant to section 42-2-107 (2)(a)(II); except that such stored information shall not include the licensee’s social security number.

(II) As used in this paragraph (b), “stored information” includes information that is stored on the driver’s license by means of magnetic or electronic encoding, or by any other technology designed to store retrievable information.

(2) (a) A fee is required for the issuance of a driver’s license to a person twenty-one years of age or older. The department shall set the fee in accordance with section 42-2-114.5. Except as provided in subsection (3) of this section, the license expires on the applicant’s birthday in the fifth year after issuance of the license.

(b) The department shall transfer the fee to the state treasurer, who shall credit the fee to the licensing services cash fund created in section 42-2-114.5.

(I) If the driver’s license is issued by the office of a county clerk and recorder in a county with a population of at least one hundred thousand individuals, the county clerk and recorder shall retain the sum set forth in subparagraph (I.5) of this paragraph (c) and forward the remainder to the department for transmission to the state treasurer, who shall credit the remainder of the fee to the licensing services cash fund.

(I.5) The county clerk and recorder shall retain the following amounts under subparagraph (I) of this paragraph (c):

(A) For a driver’s license issued prior to July 1, 2016, eight dollars;

(B) For a driver’s license issued on or after July 1, 2016, but prior to July 1, 2017, ten dollars;

(D) For a driver’s license issued on or after July 1, 2018, thirteen dollars.

(II) If the driver’s license is issued by an office of a county clerk and recorder in a county with a population of fewer than one hundred thousand individuals, the county clerk and recorder shall retain the sum set forth in subparagraph (II.5) of this paragraph (c) and forward the remainder to the department for transmission to the state treasurer, who shall credit the remainder of the fee to the licensing services cash fund.

(II.5) The county clerk and recorder shall retain the following amounts under subparagraph (II) of this paragraph (c):

(A) For a driver’s license issued prior to July 1, 2016, thirteen dollars and sixty cents;

(B) For a driver’s license issued on or after July 1, 2016, but prior to July 1, 2017, fifteen dollars;

(D) For a driver’s license issued on or after July 1, 2018, eighteen dollars.

(d) In addition to the fee established in paragraph (a) of this subsection (2), a surcharge of two dollars is added for issuance of a driver’s or minor driver’s license with a motorcycle endorsement. The department shall transfer the surcharge to the state treasurer, who shall credit it to the motorcycle operator safety training fund, created in section 43-5-504, C.R.S.

(e) In addition to the fee established in paragraph (a) of this subsection (2), a surcharge is added for issuance of a driver’s or minor driver’s license, or instruction permit, when an applicant retakes either the examination of knowledge of the traffic laws of this state or the demonstration of the applicant’s ability to exercise ordinary and reasonable care and control in the operation of a motor vehicle. The surcharge applies regardless of whether the applicant retakes the examination or demonstration with the department or a vendor approved by the department. The department shall set the surcharge by rule in an amount to offset the direct and indirect cost of giving the failed examination or demonstration. The department shall transfer the surcharge to the state treasurer, who shall credit it to the licensing services cash fund, created in section 42-2-114.5.

(2.5) The department shall charge a fee for issuing any probationary license. Such fee shall be set by rule by the department.

(3) Driver’s licenses required by the “Commercial Motor Vehicle Safety Act of 1986”, Public Law 99-570, shall expire on the birthday of the applicant in the fourth year after the issuance thereof.

(4) (a) A fee is required for the issuance of a minor driver’s license, which expires twenty days after the twenty-first birthday of the licensee. The department shall set the fee in accordance with section 42-2-114.5 (2). The department shall transfer the fee to the state treasurer, who shall credit it to the licensing services cash fund created in section 42-2-114.5 (1). In the case of the issuance of any minor driver’s license by the office of the county clerk and recorder, the fee for the minor driver’s license is apportioned in the same manner as for the issuance of a driver’s license in accordance with paragraph (c) of subsection (2) of this section.

(b) Repealed.

(5) (Deleted by amendment, L. 2007, p. 1571, § 3, effective July 1, 2007.)

(6) (a) A photograph showing the full face of the licensee shall be affixed to every driver’s license and minor driver’s license issued under this section.

(b) Every minor driver’s license issued shall graphically emphasize the age group of the licensee on the face of such license, as prescribed by the department.

(7) Any other provision of law to the contrary notwithstanding, no liability or other sanctions shall be imparted to any person who relies upon the date of birth or identification as set out on any license issued pursuant to this article if such date of birth or identification should be later proved incorrect or fraudulently entered upon said license.

(8) Repealed.

(9) Notwithstanding the amount specified for any fee in this section, the executive director of the department by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

(10) (a) At the applicant’s voluntary request, the department shall issue a driver’s license bearing an identifier of a branch of the United States armed forces, such as “Marine Corps”, “Navy”, “Army”, “Air Force”, or “Coast Guard”, if the applicant possesses a currently valid military identification document, a DD214 form issued by the United States government, or any other document accepted by the department that demonstrates that the applicant is an active member or a veteran of the branch of service that the applicant has requested be placed on the driver’s license. The applicant shall not be required to provide documentation that the applicant is an active member or a veteran of a branch of the United States armed forces to renew or be reissued a driver’s license bearing an identifier issued pursuant to this subsection (10). The department shall not place more than one branch of the United States armed forces identifier on an applicant’s driver’s license.

(b) and (c) Repealed.

(11) (a) Upon the applicant presenting a DD214 form issued by the United States government or any other document accepted by the department that demonstrates that the applicant is a veteran of the United States armed forces, the department shall print the word “Veteran” on the driver’s license.

(b) The holder of a driver’s license bearing the word “Veteran” need not present documentation that the holder is a veteran of the United States armed forces to renew or reissue the driver’s license.

(c) The department shall not issue a driver’s license bearing the word “Veteran” if the applicant’s documentation shows that the applicant received a dishonorable discharge.

42-2-114.5. Licensing services cash fund – fee setting procedures – rules.

(1) The licensing services cash fund is hereby created in the state treasury. The general assembly shall appropriate moneys in the fund to the department for the cost of implementing this article.

(2) Except as provided in subsection (3) of this section, the following fees must be paid for the following functions:

(a) The fee for a driving record under section 42-1-206 (2) is nine dollars;

(b) The fee for a certified driving record under section 42-1-206 (2) is ten dollars;

(d) The fee for a driver’s license or minor driver’s license under section 42-2-114 (2)(a) or (4)(a), respectively, is:

(I) Twenty-six dollars beginning July 1, 2016, but before July 1, 2017;

(II) Twenty-seven dollars beginning July 1, 2017, but before July 1, 2018; and

(III) Twenty-eight dollars beginning July 1, 2018;

(e) The fee for retaking either the examination of knowledge or the demonstration of ability under section 42-2-114 (2)(e) is set by the department not to exceed fifteen dollars;

(f) The fee for a duplicate permit or minor driver’s license under section 42-2-117 (1) is twelve dollars for the first duplicate and fourteen dollars for a subsequent duplicate;

(g) The fee for a driver’s license extension under section 42-2-118 (1)(b)(I) is six dollars and fifty cents;

(h) The fee for the return of a license under section 42-2-127.7 (4)(d)(II) is five dollars;

(i) The fee for a replacement license under section 42-2-133 (2) is five dollars;

(j) The fee for issuing or renewing an identification card under section 42-2-306 (1)(a) is ten dollars and fifty cents;

(k) The fee for reissuance of an identification card that has been cancelled or denied under section 42-2-306 (1)(b) is twenty dollars;

(l) The fee for issuing a commercial driver’s license under section 42-2-406 (1) and (2) is thirty-five dollars;

(m) The fee for administering driving tests under section 42-2-406 (3) is one hundred dollars;

(n) The fee for licensing testing units under section 42-2-406 (4) is three thousand ninety-four dollars for the initial license and one thousand fifty-two dollars for each subsequent annual license renewal;

(o) The fee for licensing driving testers under section 42-2-406 (3) is one hundred forty-eight dollars for the initial license and one hundred forty dollars for each subsequent annual license renewal; and

(p) The fee for issuing an identification document under part 5 of this article.

(3) (a) Except as set forth in paragraph (b) of this subsection (3), beginning July 1, 2015, the department may raise or lower the fees listed in subsection (2) of this section, but the department shall not increase the fee by more than twenty percent before July 1, 2016, or by more than five percent per year on or after July 1, 2016.

(b) The department shall not raise or lower the fees listed in paragraphs (a), (b), (f), (g), (n), and (o) of subsection (2) of this section before July 1, 2017, and the fee listed in paragraph (d) of subsection (2) of this section before July 1, 2019.

(4) A rule promulgated under this section that increases fees shall not take effect until thirty days after the department has issued a report to the joint budget committee. The report must:

(a) List the fees being changed and the amounts of the changes; and

(b) Provide an explanation of the reasons for the changes and an analysis of why the changes are needed.

42-2-115. License, permit, or identification card to be exhibited on demand.

(1) No person who has been issued a driver’s or minor driver’s license or an instruction permit or an identification card as defined in section 42-2-301 (2), who operates a motor vehicle in this state, and who has such license, permit, or identification card in such person’s immediate possession shall refuse to remove such license, permit, or identification card from any billfold, purse, cover, or other container and to hand the same to any peace officer who has requested such person to do so if such peace officer reasonably suspects that such person is committing, has committed, or is about to commit a violation of article 2, 3, 4, 5, 6, 7, or 8 of this title.

(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.

42-2-116. Restricted license.

(1) The department, upon issuing a driver’s or minor driver’s license or an instruction permit, has authority, whenever good cause appears, to impose restrictions, limitations, or conditions which are suitable to the licensee’s driving ability with respect to the type of special mechanical control device required on a motor vehicle which the licensee may operate or which limit the right of the licensee to drive a motor vehicle except when such licensee is required to drive to and from the licensee’s place of employment or to perform duties within the course of employment or to impose such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.

(2) The department either may issue a special restricted license or must set forth such restrictions, limitations, or conditions upon the usual license form issued to the applicant.

(3) The department, upon receiving satisfactory evidence of any violation of the restrictions, limitations, or conditions of such license, may cancel or suspend such restricted license, but the licensee shall be entitled to a hearing as upon a suspension or revocation under this article.

(4) No person shall operate a motor vehicle upon a highway or elsewhere within this state in any manner in violation of the restrictions, limitations, or conditions imposed in a special restricted license, in a driver’s or minor driver’s license, or in an instruction permit issued to such person by the department or by another state or country.

(5) The department is authorized after examination to issue a restricted license to a person with a behavioral or mental health disorder or an intellectual and developmental disability, containing such restrictions as may be imposed upon said person by a court pursuant to part 3 or part 4 of article 14 of title 15 or section 27-65-109 (4) or 27-65-127.

(6) (a) A person who violates any provision of this section commits a class A traffic infraction.

(b) (Deleted by amendment, L. 2012.)

(7) and (8) Repealed.

42-2-117. Duplicate permits and minor licenses – replacement licenses.

(1) If an instruction permit or a minor driver’s license issued under this article is lost, stolen, or destroyed, the person to whom it was issued, upon request and the payment of a fee to the department, may obtain a duplicate or substitute upon furnishing satisfactory proof to the department that the permit or minor license was lost, stolen, or destroyed and that the applicant is qualified to have a permit or license. The department shall set the fees for a first duplicate and for any subsequent duplicate in accordance with section 42-2-114.5. The department shall transfer either fee to the state treasurer, who shall credit it to the licensing services cash fund created in section 42-2-114.5.

(1.5) Upon furnishing satisfactory proof to the department that a driver’s license issued under the provisions of this article has been lost, stolen, or destroyed, the person to whom the same was issued shall apply for renewal of the license pursuant to section 42-2-118. The new driver’s license shall expire as provided in section 42-2-114.

(2) Notwithstanding the amount specified for the fee in this section, the executive director of the department by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.

The Colorado Division of Motor Vehicles has a couple possible methods that can be utilized, given the circumstances, to renew a driver’s license: https://www.colorado.gov/pacific/dmv/renewals

42-2-118. Renewal of license in person or by mail – donations to Emily Keyes – John W. Buckner organ and tissue donation awareness fund – repeal.

(1) (a) (I) Every license issued under section 42-2-114 shall be renewable prior to its expiration, upon application in person, by mail as provided in subsection (1.3) of this section, or by electronic means as provided in subsection (1.5) of this section, payment of the required fee, passing of an eye test, passing of such other examinations as the applicant’s physical limitations or driver’s record indicates to be desirable, and payment of any penalty assessment, fine, cost, or forfeiture as prescribed by subsection (3) of this section. If a person renews his or her license pursuant to this subparagraph (I) by electronic means, the person shall attest under penalty of perjury that he or she has had an eye examination by any optometrist or an ophthalmologist within three years before the date of application.

(II) (A) An applicant may make a donation of one dollar or more to the Emily Keyes – John W. Buckner organ and tissue donation awareness fund, created in section 42-2-107 (4)(b)(II), to promote the donation of organs and tissues under the provisions of the “Revised Uniform Anatomical Gift Act”, part 2 of article 19 of title 15. The department shall collect the donations and transmit them to the state treasurer, who shall credit the same to the Emily Keyes – John W. Buckner organ and tissue donation awareness fund. The donation prescribed in this subsection (1)(a)(II)(A) is voluntary and may be refused by the applicant. The department shall make available informational booklets or other informational sources on the importance of organ and tissue donations to applicants as designed and approved by the advisory body created under section 42-2-107 (4)(b)(III)(A). The department shall inquire of each applicant at the time the completed application is presented whether the applicant is interested in making a donation of one dollar or more to the fund. If the applicant has not already made a donor designation, the department shall also specifically inform the applicant of the option for organ and tissue donations by having a “Y” placed in the donor field on the front of the document. The department shall advise each applicant volunteering to become an organ and tissue donor that the applicant’s name shall be transmitted to the organ and tissue donor registry authorized in section 15-19-220, and that the applicant shall notify the federally designated organ procurement organization of any changes to the applicant’s donation.

(B) This subsection (1)(a)(II) is repealed, effective September 1, 2027.

(b) (I) Any license referred to in section 42-2-114 that, at the time of its expiration, is held by a resident of this state who is temporarily outside of this state or is prevented by disability from complying with paragraph (a) of this subsection (1) may be extended for a period of one year if the licensee applies to the department for an extension of the expiration date prior to the date the license expires and pays a fee set by the department in accordance with section 42-2-114.5 (2). The department shall transfer the fee to the state treasurer, who shall credit it to the licensing services cash fund, created in section 42-2-114.5 (1). This extension becomes null and void ninety days after the licensee renews his or her residency in the state or otherwise becomes able to comply with the provisions of paragraph (a) of this subsection (1). The department shall grant no more than one extension under this paragraph (b) unless a resident of this state is temporarily residing in a foreign country, in which case the department may grant no more than two extensions.

(II) A surcharge of one dollar shall be added to any extension sought for a license for which a motorcycle endorsement is requested which shall be credited to the motorcycle operator safety training fund created in section 43-5-504, C.R.S.

(1.3) (a) The department may, in its discretion, allow renewal of a driver’s license issued under section 42-2-114 by mail subject to the following requirements:

(I) Renewal by mail shall be available only to drivers twenty-one years of age or older;

(II) Renewal by mail shall only be available every other driver’s license renewal period as provided in section 42-2-114 (2)(a) and (3);

(III) A person who is less than sixty-six years of age renewing by mail shall attest under penalty of law that he or she has had an eye examination by an optometrist or ophthalmologist within three years before the renewal. A person who is sixty-six years of age or older renewing by mail shall obtain, on a form as required by the department, a signed statement from an optometrist or ophthalmologist attesting that he or she has had an eye examination within the last six months and attesting to the results of the applicant’s eye examination; and

(IV) A person renewing by mail who requires vision correction shall attest under penalty of law to his or her prescription for vision correction.

(b) Every applicant for renewal of a driver’s license by mail shall submit the following to the department:

(I) Payment of the required fee;

(II) Repealed.

(III) Payment of any penalty assessment, fine, cost, or forfeiture as prescribed by subsection (3) of this section.

(1.5) (a) The department may, in its discretion, allow renewal of a driver’s license issued under section 42-2-114 by electronic means subject to the following requirements:

(I) Electronic renewal shall be available only to drivers twenty-one years of age or older and less than sixty-six years of age;

(II) A person may renew a driver’s license electronically only for two consecutive driver’s license renewal periods as provided in section 42-2-114 (2)(a) and (3);

(III) A person renewing electronically shall attest under penalty of law that he or she has had an eye examination by an optometrist or ophthalmologist within three years before the renewal; and

(IV) A person renewing electronically who requires vision correction shall attest under penalty of law to his or her prescription for vision correction.

(b) Pursuant to sections 24-19.5-103 (3) and 29-11.5-103 (3), C.R.S., the department shall not allow any third-party charges that may be assessed to complete the electronic transaction to reduce the amount of revenue that would otherwise be required to be distributed to the highway users tax fund or the licensing services cash fund.

(I) Payment of the required fee; and

(II) Payment of any penalty assessment, fine, cost, or forfeiture as prescribed by subsection (3) of this section.

(d) To implement electronic renewal of a driver’s license pursuant to this section, the department shall:

(I) Submit to the office of information technology created in the office of the governor for review and approval the department’s plan for the renewal of a driver’s license by electronic means;

(II) Develop and implement electronic renewal of a driver’s license in a manner that is consistent with the nation’s policy on national security and in conformance with federal and state law for homeland security;

(III) Develop and implement an information security program and utilize a layered security approach, which shall consist of the following:

(A) A business impact analysis that assesses the criticality of services;

(B) A risk or security assessment that identifies vulnerabilities of the system;

(D) A contingency plan for disaster recovery of information and services and business continuity;

(E) Procedures that identify security safeguards for asset protection;

(F) A secure architectural design;

(G) Security awareness and training programs; and

(H) Monitoring and audit systems for back-end reviews to evaluate efficiency and efficacy;

(IV) Develop security policies that address, at a minimum, the following:

(A) System protection from viruses and system virus detection;

(B) Firewall security;

(D) Server security;

(E) Intrusion detection;

(F) Encryption;

(G) Physical security; and

(H) Secure remote access communication, if applicable; and

(V) Develop a migration plan that sets out the department’s goals and objectives and establishes priorities and the department’s timeline for achieving such requirements.

(e) Failure to comply with the requirements of paragraph (d) of this subsection (1.5) may result in the department being removed from or denied access to the state network or mainframe computer until all of the provisions of paragraph (d) of this subsection (1.5) are demonstrated by the department.

(f) Repealed.

(g) The department may promulgate any necessary rules for the implementation of this subsection (1.5).

(2) Every license referred to in this section which is at the time of its expiration, as provided in subsection (1) of this section, held by a member of the armed forces of the United States, then serving on active duty outside of this state, shall not expire as provided in subsection (1) of this section, but such expiration date shall be extended for a period of three years or until ninety days after such licensee returns to this state, whichever occurs first.

(3) (a) (I) Prior to the renewal of a permanent driver’s license or the issuance or renewal of a probationary license, the department shall determine if the applicant has any outstanding judgments or warrants entered or issued against the applicant or if the applicant has issued a check or order to the department for the payment of a penalty assessment and such check or order was returned for insufficient funds or a closed account and remains unpaid as set forth in section 42-4-1709 (7).

(II) For the purposes of this subsection (3), “outstanding judgments or warrants” does not include any judgment or warrant reported to the department in violation of the provisions of section 42-4-110.5 (2)(c).

(b) (I) If there are no outstanding judgments or warrants entered or issued against the applicant and the applicant has not issued a check or order to the department that was returned for insufficient funds or a closed account and that remains unpaid as set forth in section 42-4-1709 (7) and if all other conditions for renewal pursuant to articles 1 to 4 of this title are met, the department shall renew the applicant’s permanent driver’s license.

(II) If there are no outstanding judgments or warrants entered or issued against the applicant and the defendant has not issued a check or order to the department that was returned for insufficient funds or a closed account and that remains unpaid as set forth in section 42-4-1709 (7) and if all other conditions for renewal pursuant to articles 1 to 4 of this title are met, the department may issue or renew the applicant’s probationary license.

(c) If the department determines that the applicant is subject to the requirements of section 42-4-1709 (7), the permanent driver’s license shall not be renewed or the probationary license may not be issued or renewed until such applicant has complied with said section. Any person who pays any outstanding judgments, who has any warrants entered, or who makes payment for a check or order to the department that had been returned for insufficient funds or a closed account pursuant to section 42-4-1709 (7) shall pay to the court or to the department a thirty-dollar administrative processing cost for each such judgment, warrant, check, or order in addition to all other penalties, costs, or forfeitures. If the court collects an administrative processing fee, the court shall remit fifty percent of the administrative processing fee to the department of revenue, and the other fifty percent of that fee is to be retained by the issuing court. If the department collects an administrative processing fee, the department shall retain the fee.

(d) Beginning January 1, 1986, the executive director shall ascertain whether the administrative fee established in paragraph (c) of this subsection (3) adequately compensates the department for administration of this subsection (3).

(e) The department of revenue shall coordinate the design and implementation of the necessary delinquency notification forms, satisfaction forms, and time requirements for utilization of such forms by the courts.

(f) There shall be a twenty-day period to appeal any penalty under this section when it can be shown by the applicant or defendant that sufficient funds were in the financial institution and the error was that of the financial institution. In this event the department shall review the documentation and, if it was the fault of the financial institution that the check or order was returned, no penalty or fee shall be imposed.

(4) Notwithstanding the amount specified for any fee in this section, the executive director of the department by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

Colorado law mandates that when an individual moves his or her residence the individual must notify the Colorado Division of Motor Vehicles (DMV) of their new mailing address. In some instances the DMV only needs to provide notice to an individual at the last known address of that individual. The process to notify the DMV has been made simpler recently and a person can go on-line to make the change: https://www.colorado.gov/pacific/dmv/change-your-address

42-2-119. Notices – change of address or name.

(1) (a) Whenever any person, after applying for or receiving a driver’s license or identification card, moves from the address named in such application or in the license or identification card issued to such person or when the name of the licensee is changed, such person shall, within thirty days, provide notice to the department of such person’s old and new address and the number of any license or identification card held by such person. Such notice shall be provided to the department in writing or in electronic form on the department’s official website. A licensee who changes his or her name shall, within thirty days, apply in person to renew such license pursuant to section 42-2-118 and in compliance with sections 42-2-107 and 42-2-305.

(b) Repealed. / (Deleted by amendment, L. 2005, p. 645, § 11, effective May 27, 2005.)

(2) All notices and orders required to be given to any licensee or registered owner under the provisions of the motor vehicle laws shall be in writing; and, if mailed, postpaid by first-class mail, to him or her at the last-known address shown by the records kept by the department pursuant to this article. Such mailing shall be sufficient notice in accord with the motor vehicle laws. Any notice or order of the department mailed first-class under the provisions of this title creates a presumption for administrative purposes that such notice or order was received if the department maintains a copy of the notice or order and maintains a certification that the notice or order was deposited in the United States mail by an employee of the department. Evidence of a copy of the notice mailed to the last-known address of the licensee as shown by the records kept by the department pursuant to this article and a certification of mailing by a department employee, or evidence of delivery of notice in person to the last-known address of the licensee as shown by the records kept by the department pursuant to this article, or evidence of personal service upon the licensee or upon any attorney appearing on the licensee’s behalf of the order of denial, cancellation, suspension, or revocation of the license by the executive director of the department, or by the executive director’s duly authorized representative, is prima facie proof that the licensee received personal notice of said denial, cancellation, suspension, or revocation.

(2.5) Repealed.

(3) Any person who violates subsection (1) of this section commits a class B traffic infraction.

42-2-120. Methods of service.

(1) Any notice or order required to be served under the provisions of the motor vehicle laws may be served in any manner reasonably designed to notify the person to be served of the material provisions of such notice or order. A person has been served with a notice or order when such person has knowledge of the material provisions of such notice or order, regardless of the manner in which such knowledge was acquired. Any irregularity in the form or manner of service or documentation of the proof of service or the means by which knowledge of the material provisions of a notice or order is acquired shall not affect the validity of such notice or order.

(2) For purposes of notices or orders relating to driving restraints only, “material provisions” means those provisions which identify the affected person, and those provisions which state that a restraint against the person’s license or privilege to drive in this state has been, or will be, entered on the records of the department, or those provisions which advise the person that he or she has a right to request a hearing regarding the imposition of a restraint against such person’s license or privilege to drive.

(3) The department shall develop proof of service forms which may be used to document proof of service under this subsection (3). Such forms shall include but need not be limited to the following:

(a) The name and date of birth of the person served;

(b) The date and time of service;

(c) The identification number of the notice or order served, if any, or, in the event the notice or order is not available, a description of the information relayed to the person served;

(d) The name, title, signature, and employing agency of the person making service;

(e) The signature of the person served; and

(f) The right index fingerprint of the person served.

(4) In addition to service by mail or any other means, service of notices or orders may be personally made by any employee of the department, any peace officer, any municipal, county, or state prosecutor, or any municipal, county or district court judge, magistrate, or judicial officer. If service is personally made under this subsection (4), proof of such service of any notice or order may be made by sending a written notification of service in any form to the department. Such notification shall be an official record of the department under section 42-2-121. It shall not be necessary that the written notification is on a form supplied by the department, but the department may refuse to accept as an official record a written notification which does not provide substantially the same information as specified in subsection (3) of this section.

(5) Peace officers and employees of the department shall serve notices and orders relating to driving restraints upon the affected person anytime the affected person is contacted by a peace officer or employee of the department, when such peace officer or employee believes that the affected person may not have been previously personally served with any notice or order affecting such person’s license or privilege to drive a motor vehicle in this state.

42-2-121. Records to be kept by department – admission of records in court.

(1) The department shall file every completed application for a license received by it and shall maintain suitable indexes containing in alphabetical order:

(a) All applications denied and on each thereof note the reasons for such denial;

(b) All applications granted; and

(c) The name of every licensee whose license has been suspended or revoked by the department and after each such name note the reasons for such action in each case.

(2) (a) The department shall also file all accident reports, abstracts of court records of convictions received by it under the laws of this state, departmental actions, suspensions, restrictions, revocations, denials, cancellations, reinstatements, and other permanent records and, in connection therewith, maintain a driver’s history by making suitable notations in order that an individual record of each licensee showing the convictions of such licensee, the departmental actions, and the traffic accidents in which the licensee has been involved, except those accidents not resulting in a conviction and those traffic violations which occur outside of the boundaries of this state, shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times.

(b) The department shall also keep a separate file of all abstracts of court records of dismissals of DUI, DUI per se, DWAI, and UDD charges and all abstracts of records in cases where the original charges were for DUI, DUI per se, DWAI, and UDD and the convictions were for nonalcohol- or nondrug-related traffic offenses. This file shall be made available only to criminal justice agencies, as defined in section 24-72-302 (3), C.R.S.

(c) (I) The following records and documents filed with, maintained by, or prepared by the department are official records and documents of the state of Colorado:

(A) Accident reports;

(B) Abstracts of court records of convictions received by the department under the laws of the state of Colorado;

(C) Records of and documents relating to departmental actions pertaining to the driving privileges of any person concerning licensing, restrictions, probationary conditions, suspensions, revocations, denials, cancellations, or reinstatements of such driving privileges;

(D) Records of and documents relating to the status of any person’s privilege to drive a vehicle in the state of Colorado on a specific date or dates;

(E) Drivers’ histories;

(F) Records of and documents relating to the identification of persons, including, but not limited to, photographs, fingerprints, handwriting, physical features, physical characteristics, dates of birth, and addresses;

(G) Records of and documents relating to the ownership, registration, transfer, and licensing of vehicles;

(H) All other records and documents required by law or rule and regulation to be kept by the department;

(I) Written summaries and data compilations, if prepared by the department from records and documents filed with, maintained by, or prepared by the department, as defined in sub-subparagraphs (A) to (H) of this subparagraph (I);

(J) Written guidelines, procedures, policies, and rules and regulations of the department.

(II) In any trial or hearing, all official records and documents of the state of Colorado, as defined in subparagraph (I) of this paragraph (c), shall be admissible in all municipal, county, and district courts within the state of Colorado without further foundation, shall be statutory exceptions to rule 802 of the Colorado rules of evidence, and shall constitute prima facie proof of the information contained therein, if such record or document is accompanied by a certificate stating that the executive director of the department or the executive director’s appointee has custody of such record or document and is accompanied by and attached to a cover page which:

(A) Specifies the number of pages, exclusive of such cover page, which constitutes the record or document being submitted; and

(B) Bears the signature of the executive director of the department or the executive director’s appointee attesting to the genuineness of such record or document; and

(III) For purposes of subparagraph (II) of this paragraph (c), “official records and documents” shall include any mechanically or electronically reproduced copy, photograph, or printout of any record or document or any portion of any record or document filed with, maintained by, or prepared by the department pursuant to this paragraph (c). The department may also permit the electronic transmission of information for direct recording in the department’s records and systems. Information transmitted by an electronic means that is approved by the department constitutes an official record for the purposes of this section whether or not an original source document for such information exists or ever existed.

(III.5) The certificate and cover page and its contents required by subparagraph (II) of this paragraph (c) may be electronically produced and transmitted. An electronic reproduction of the certificate and cover page, including an electronic signature of the executive director of the department or of the executive director’s appointee and an electronic reproduction of the official seal of the department, shall be admissible in court as provided in subparagraph (II) of this paragraph (c).

(IV) For purposes of subparagraph (II) of this paragraph (c), a record or document shall not be required to include every page of a record or document filed with, maintained by, or prepared by the department pursuant to this paragraph (c) to be an official record or document, if such official record or document includes all of those portions of such record or document relevant to the trial or hearing for which it is prepared. There shall be a presumption that such official record or document contains all that is relevant to such trial or hearing.

(d) Notwithstanding the provisions of paragraph (a) of this subsection (2), the department shall not maintain records of convictions of traffic offenses defined in this title for which no points are assessed pursuant to section 42-2-127 (5) other than convictions pursuant to sections 42-2-134, 42-2-138, 42-2-206, and 42-7-422.

(e) Records or documents filed with, maintained by, or prepared by another state that are equivalent to the records maintained in Colorado under paragraph (a) of this subsection (2) shall be admissible in a trial or hearing in accordance with this section.

(3) The department seal required under subsection (2) of this section and under section 42-1-205 may also consist of a rubber stamp producing a facsimile of the seal stamped upon the document.

(4) (a) The department shall place a confidentiality notice on any driver’s license application form under section 42-2-107, driver’s license renewal application under section 42-2-118, duplicate driver’s license application under section 42-2-117, commercial driver’s license application under section 42-2-404, identification card application form under section 42-2-302, motor vehicle title application form under section 42-6-116, or motor vehicle registration application form under section 42-3-113. The department shall indicate in such notice that, unless the person waives his or her confidentiality, the information contained in the person’s motor vehicle or driver record shall not be used for any purpose other than a purpose authorized by law.

(b) The department shall prepare a confidentiality waiver form and shall provide the form to the designated agents of the department. The department and the designated agents shall make such form available to any person on request. The department and the designated agents shall be the sole distributors of such form. The form shall contain instructions for filing the form with the department.

(I) to (IV) (Deleted by amendment, L. 2000, p. 1341, § 3, effective May 30, 2000.)

(c) Any person executing a waiver under this subsection (4) that information in motor vehicle or driver records may be used for any purpose shall provide the information requested by the department in the confidentiality waiver form and file the form directly with the department. The department shall process such forms and shall notify the designated agents regarding which motor vehicle and driver records are subject to confidentiality waivers.

(d) A confidentiality waiver expires upon a request by the person to rescind the confidentiality waiver or upon the renewal of the motor vehicle or driver record; except that a confidentiality waiver form filed in connection with a motor vehicle registration application shall remain in force until the motor vehicle is transferred or the person requests that the confidentiality waiver be rescinded.

(e) The department shall make reasonable efforts to ensure that confidential records are not visible or accessible to the public and shall establish procedures to protect the contents of the records against inadvertent disclosure.

(5) (a) Upon application by a person, the department shall expunge all records concerning a conviction of a person for UDD with a BAC of at least 0.02 but not more than 0.05 and any records concerning an administrative determination resulting in a revocation under section 42-2-126 (3)(b) or (3)(e) if:

(I) Such person presents a request for expungement to the department and provides all information required by the department to process such request;

(II) Such person is over twenty-one years of age and any department action regarding the offense or administrative determination has been concluded;

(III) The person has not been convicted for any other DUI, DUI per se, DWAI, or UDD offense that was committed while such person was under twenty-one years of age and is not subject to any other administrative determination resulting in a revocation under section 42-2-126 for any other occurrence while such person was under twenty-one years of age;

(IV) Such person pays the fine and surcharge for such conviction and completes any other requirements of the court with regard to such conviction, including, but not limited to, any order to pay restitution to any party;

(V) Such person has never held a commercial driver’s license as defined in section 42-2-402; and

(VI) Such person was not operating a commercial motor vehicle as defined in section 42-2-402.

(b) Upon receiving a request for expungement, the department may delay consideration of the request until sufficient time has elapsed to ensure that the person is not convicted for any additional offense under section 42-4-1301 committed while the person was under twenty-one years of age and that there is no additional administrative determination resulting in a revocation under section 42-2-126 (3)(b) or (3)(e) for actions taken while the person was under twenty-one years of age.

(6) The department shall electronically transmit the name, address, telephone number, date of birth, and gender of each individual who has volunteered to donate organs or tissue upon death on an instructional permit, a minor driver’s license, a driver’s license, an identification card, or any other license application received by it to the organ and tissue donor registry authorized in section 15-19-220.

42-2-121.5. Emergency contact information – website form – license application – driver’s license database.

(1) (a) No later than January 1, 2009, the department shall create and make available on its official website an electronic form that allows a person with a driver’s license, minor driver’s license, instruction permit, or temporary driver’s license issued pursuant to this part 1 or an identification card issued pursuant to part 3 of this article to input the names, addresses, and telephone numbers of up to two persons to be contacted in an emergency pursuant to subsection (3) of this section. The form shall include a statement that the information may be disclosed only to authorized law enforcement or public safety personnel for the purpose of notifying the persons listed in an emergency and a place for the person entering the information to assent to the use of the information for this purpose.

(b) The department shall add the emergency contact information received from a person in accordance with paragraph (a) of this subsection (1) to the person’s record in the driver’s license database.

(2) (a) On and after January 1, 2009, the department shall include on the application form for a driver’s license, minor driver’s license, or instruction permit used pursuant to section 42-2-107, the driver’s license renewal application used pursuant to section 42-2-118, the duplicate driver’s license application used pursuant to section 42-2-117, and the identification card application form used pursuant to section 42-2-302 a place for the applicant to specify the names, addresses, and telephone numbers of up to two persons to be contacted in an emergency pursuant to subsection (3) of this section. The application shall include a statement that the information will be disclosed only to authorized law enforcement or public safety personnel for the purpose of notifying the persons listed in an emergency and a place for the person providing the information to assent to the use of the information for this purpose.

(b) The department shall add the emergency contact information specified on an application in accordance with paragraph (a) of this subsection (2) to the person’s record in the driver’s license database.

(3) An officer of a law enforcement or public safety agency who is authorized to access the driver’s license database may obtain a person’s emergency contact information from the database if the person is injured or killed as a result of an accident, criminal act, or other emergency situation. The officer may contact the persons listed in the emergency contact information and notify them of the emergency situation and the condition and location of the person who has been injured or killed.

(4) The department shall not disclose the information received in accordance with this section to any person except as authorized by subsection (3) of this section and section 24-72-204 (7)(d), C.R.S.

42-2-122. Department may cancel license – limited license for physical or mental limitations.

(1) The department has the authority to cancel, deny, or deny the reissuance of any driver’s or minor driver’s license upon determining that the licensee was not entitled to the issuance for any of the following reasons:

(a) Failure to give the required or correct information in an application, or commission of any fraud in making such application or in submitting any proof allowed under this section;

(b) Inability to operate a motor vehicle because of physical or mental incompetence;

(d) That such license would have been subject to denial under the provisions of section 42-2-104;

(e) Failure of the licensee to register in Colorado all vehicles owned by the licensee under the requirements of section 42-3-103;

(f) The person is not lawfully present in the United States;

(g) The person is not a resident of the state of Colorado;

(h) (I) The person has an outstanding judgment or warrant referred to in section 42-4-1709 (7) issued against such person; except that, as used in this paragraph (h), “judgment or warrant” shall not include any judgment or warrant reported to the department in violation of section 42-4-110.5 (2)(c).

(II) Upon receipt of a judgment or warrant from a court clerk on or after September 1, 2000, the department shall send written notice to the person identified in the court order that such person is required to provide the department with proof that the judgment or warrant is no longer outstanding within thirty days after the date such notice is sent or such person’s driver’s license shall be canceled or any application for a new license shall be denied. Proof that the judgment or warrant is no longer outstanding shall be in the form of a certificate issued by the clerk of the court entering the judgment or issuing the warrant in a form approved by the executive director.

(III) If acceptable proof is not received by the department within thirty days after notice was sent, the department shall cancel the driver’s license or deny any application for a license of the person against whom the judgment was entered or the warrant was issued.

(IV) The general assembly finds that the department currently has record of a large number of outstanding judgments and warrants and that it does not know whether such judgments and warrants are still outstanding. All outstanding judgments and warrants that are in the department’s records as of August 31, 2000, shall be deemed void for purposes of this section effective September 1, 2005.

(i) Failure of the person to complete a level II alcohol and drug education and treatment program certified by the office of behavioral health in the department of human services pursuant to section 42-4-1301.3, as required by section 42-2-126 (4)(d)(II)(A) or 42-2-132 (2)(a)(II). The failure must be documented pursuant to section 42-2-144.

(2) The department has the authority to cancel any driver’s or minor driver’s license if, subsequent to the issuance of such license, the department has authentic information that a condition developed or an act was committed which places such licensee in one of the categories for which cancellation is authorized.

(2.5) (a) Any person who has had a driver’s or minor driver’s license or driving privilege cancelled pursuant to paragraph (b) of subsection (1) of this section who is receiving or has received therapy treatment for physical or mental incompetence or an evaluation for such incompetence through a rehabilitation provider or licensed physician certified by the department to provide rehabilitative driving instruction may receive a limited license with such limitations as the department deems necessary after consultation with and upon the recommendation of the rehabilitation provider or licensed physician.

(b) (I) Any person licensed pursuant to this subsection (2.5) shall be subject to the examination requirements set forth in section 42-2-111.

(II) Rehabilitation providers and licensed physicians shall be subject to the provisions governing medical advice in section 42-2-112.

(3) Upon such cancellation, the licensee must surrender the license so cancelled to the department, and thereafter such licensee shall be entitled to a hearing by the department if such license is returned and if such request is made within thirty days from the date of such cancellation; except that a denial or cancellation under paragraph (h) or (i) of subsection (1) of this section shall be deemed to be final agency action for judicial review purposes under section 24-4-104, C.R.S. Such hearing, if requested, shall be held no later than thirty days from the date of such cancellation. Notification of such cancellation shall be given as provided in section 42-2-119.

(4) (a) Upon the holding of a hearing as provided in subsection (3) of this section or upon determination by the department, the license shall be returned if the licensee is able to prove that cancellation should not have been made. When the original cancellation is sustained by the department, such licensee may apply for and receive a new license whenever the licensee can show that the reason for the original cancellation no longer applies. The licensee may also appeal the decision of the department after the hearing to the district court as provided in section 42-2-135.

(b) A licensee who has proved that cancellation should not have been made shall not be required to give proof of financial responsibility pursuant to article 7 of this title.

42-2-123. Suspending privileges of nonresidents and reporting convictions.

(1) The privilege of driving a motor vehicle on the highways of this state given to a nonresident is subject to suspension or revocation by the department in like manner and for like cause as a driver’s license may be suspended or revoked.

(2) The department is further authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.

Statutes in Colorado direct Colorado courts when and how they must report convictions to the Colorado Division of Motor Vehicles.

42-2-124. When court to report convictions.

(1) (a) Except as otherwise provided, whenever any person is convicted of any offense for which this article makes mandatory the revocation or suspension of the driver’s or minor driver’s license of such person by the department, the court in which such conviction is had shall require the offender to immediately surrender such driver’s or minor driver’s license or any instruction permit to the court at the time of conviction, and the court shall, not later than ten days after such conviction, forward the license to the department, together with a record of such conviction on the form prescribed by the department. Any person who does not immediately surrender such person’s license or permit to the court commits a class 2 misdemeanor traffic offense, unless such person swears or affirms under oath administered by the court and subject to the penalties of perjury that the license or permit has been lost, destroyed, or is not in said person’s immediate possession. Any person who swears or affirms that the license or permit is not in the immediate possession of said person shall surrender said license or permit to the court within five days of the sworn or affirmed statement, and if not surrendered within such time, said person commits a class 2 misdemeanor traffic offense.

(b) Whenever the driver’s history of any person shows that such driver is required to maintain financial responsibility for the future and is unable to show to the court that the driver is maintaining the required financial responsibility for the future, the court shall require the immediate surrender to it of the driver’s, minor driver’s, or temporary driver’s license or any instruction permit held by such person, and the court, within forty-eight hours after receiving the license, shall forward the license to the department with the form prescribed by the department.

(2) Every court having jurisdiction over offenses committed under this article or any other law of this state regulating the operation of motor vehicles on highways and every military authority having jurisdiction over offenses substantially the same as those set forth in section 42-2-127 (5) which occur on a federal military installation in this state shall forward to the department a record of the conviction of any person in said court or by said authority for a violation of any said laws not later than ten days after the day of sentencing for such conviction and may recommend the suspension or retention of the driver’s, minor driver’s, or temporary driver’s license or any instruction permit of the person so convicted.

(3) For the purposes of this section, the term “convicted” or “conviction” means a sentence imposed following a plea of guilty or nolo contendere, a verdict of guilty by the court or a jury, or an adjudication of a delinquency under title 19, C.R.S. The payment of a penalty assessment under the provisions of section 42-4-1701 shall also be considered a conviction if the summons states clearly the points to be assessed for that offense. Whenever suspension or revocation of a license is authorized or required for conviction of any offense under state law, a final finding of guilty of a violation of a municipal ordinance governing a substantially equivalent offense in a city, town, or city and county shall, for purposes of such suspension or revocation, be deemed and treated as a conviction of the corresponding offense under state law. A stay of sentence, pending appeal, shall not deprive the department of the authority to suspend, revoke, or deny a driver’s or minor driver’s license pending any final determination of a conviction on appeal.

(4) An expungement of an adjudication of delinquency shall not result in a rescission of the revocation or suspension of the driving privilege unless said expungement is a result of a reversal of the adjudication on appeal.

Certain offenses require the Colorado Division of Motor Vehicles (DMV) to revoke a driver’s license or permit. These provisions are separate from other provisions in the statutes, such as the portion regarding point suspensions, that can also result in a restraint on driving privileges. This section includes a suspension based upon a determination that an individual was driving a motor vehicle in Colorado with excessive blood alcohol content (BAC) or an excess of other drugs.

42-2-125. Mandatory revocation of license and permit.

(1) The department shall immediately revoke the license or permit of any driver or minor driver upon receiving a record showing that the driver has:

(a) Been convicted of vehicular homicide or vehicular assault as described in sections 18-3-106 and 18-3-205, C.R.S., or of criminally negligent homicide as described in section 18-3-105, C.R.S., while driving a motor vehicle;

(b) Been convicted of driving a motor vehicle while under the influence of a controlled substance, as defined in section 18-18-102 (5), C.R.S.;

(b.5) In the case of a driver twenty-one years of age or older, been convicted of an offense described in section 42-4-1301 (1)(a) or (2)(a). Except as provided in section 42-2-132.5, the period of revocation based upon this paragraph (b.5) shall be nine months. The provisions of this paragraph (b.5) shall not apply to a person whose driving privilege was revoked pursuant to section 42-2-126 (3)(a)(I) for a first offense based on the same driving incident.

(d) Been convicted of failing to stop and render aid as required by section 42-4-1601;

(e) Been convicted of perjury in the first or second degree or the making of a false affidavit or statement under oath to the department under any law relating to the ownership or operation of a motor vehicle;

(f) Been three times convicted of reckless driving of a motor vehicle for acts committed within a period of two years;

(g) (I) Been twice convicted of any combination of DUI, DUI per se, or DWAI for acts committed within a period of five years;

(II) In the case of a minor driver, been convicted of DUI, DUI per se, or DWAI committed while such driver was under twenty-one years of age;

(g.5) In the case of a minor driver, been convicted of UDD committed when such driver was under twenty-one years of age;

(h) Been determined to be mentally incompetent by a court of competent jurisdiction and for whom a court has entered, pursuant to part 3 or part 4 of article 14 of title 15, C.R.S., or section 27-65-109 (4) or 27-65-127, C.R.S., an order specifically finding that the mental incompetency is of such a degree that the person is incapable of safely operating a motor vehicle;

(i) Been convicted of DUI, DUI per se, or DWAI and has two previous convictions of any of those offenses. The department shall revoke the license of any driver for an indefinite period and only reissue it upon proof to the department that the driver has completed a level II alcohol and drug education and treatment program certified by the office of behavioral health in the department of human services pursuant to section 42-4-1301.3 and that the driver has demonstrated knowledge of the laws and driving ability through the regular motor vehicle testing process. The department shall not reissue the license in less than two years.

(j) Been required to file and maintain proof of financial responsibility for the future as provided by section 42-4-1410 or article 7 of this title and who, at the time of a violation of any provision of this title, had not filed or was not maintaining such proof;

(k) Repealed.

(l) Been found to have knowingly and willfully left the scene of an accident involving a commercial motor vehicle driven by the person;

(m) (I) Been convicted of violating section 12-47-901 (1)(b) or (1)(c) or 18-13-122 (3), C.R.S., or any counterpart municipal charter or ordinance offense to such sections and having failed to complete an alcohol evaluation or assessment, an alcohol education program, or an alcohol treatment program ordered by the court in connection with such conviction; or

(II) Been convicted of violating section 12-47-901 (1)(b) or (1)(c) or 18-13-122 (3), C.R.S., or any counterpart municipal charter or ordinance offense to such sections and has a previous conviction for such offenses;

(n) (Deleted by amendment, L. 2009, (HB 09-1266), ch. 347, p. 1816, § 8, effective August 5, 2009.)

(o) Been:

(I) (Deleted by amendment, L. 2009, (HB 09-1266), ch. 347, p. 1816, § 8, effective August 5, 2009.)

(II) Convicted of, or has received a deferred judgment for, an offense described in section 18-4-409 or 18-4-503 (1)(c), C.R.S., or a comparable municipal charter or ordinance offense.

(III) (Deleted by amendment, L. 2007, p. 504, § 3, effective July 1, 2007.)

(2) Unless otherwise provided in this section, the period of revocation shall be not less than one year; except that the period of revocation based on paragraphs (b) and (c) of subsection (1) of this section involving a commercial motor vehicle transporting hazardous materials as defined under section 42-2-402 (7) shall result in a revocation period of three years.

(2.3) (Deleted by amendment, L. 2007, p. 504, § 3, effective July 1, 2007.)

(2.4) After the expiration of the period of revocation pursuant to this section and any subsequently imposed periods of revocation, any person whose license is revoked under subparagraph (I) of paragraph (g) or paragraph (i) of subsection (1) of this section shall be required to have a restricted license pursuant to the provisions of section 42-2-132.5.

(2.5) The period of revocation under paragraph (g.5) of subsection (1) of this section for a person who is less than twenty-one years of age at the time of the offense and who is convicted of driving with an alcohol content of at least 0.02 but not more than 0.05 under section 42-4-1301 (2)(d) is as follows:

(a) Except as provided in subsection (2.7) of this section, three months for a first offense;

(b) Six months for a second offense;

(2.7) (a) A person whose license is revoked for a first offense under paragraph (g.5) of subsection (1) of this section may request that, in lieu of the three-month revocation, the person’s license be revoked for a period of not less than thirty days, to be followed by a suspension period of such length that the total period of revocation and suspension equals three months. If the hearing officer approves such request, the hearing officer may grant such person a probationary license that may be used only for the reasons provided in section 42-2-127 (14)(a).

(b) The hearing to consider a request under paragraph (a) of this subsection (2.7) may be held at the same time as the hearing held under subsection (4) of this section; except that a probationary license may not become effective until at least thirty days have elapsed since the beginning of the revocation period.

(2.8) Repealed.

(3) Upon revoking the license of any person as required by this section, the department shall immediately notify the licensee as provided in section 42-2-119 (2). Where a minor driver’s license is revoked under paragraph (m) of subsection (1) of this section, such revocation shall not run concurrently with any previous or subsequent suspension, revocation, cancellation, or denial that is provided for by law.

(4) Upon receipt of the notice of revocation, the licensee or the licensee’s attorney may request a hearing in writing, if the licensee has returned said license to the department in accordance with the provisions of section 42-2-133. The department, upon notice to the licensee, shall hold a hearing at the district office of the department closest to the residence of the licensee; except that, at the discretion of the department, all or part of the hearing may be conducted in real time, by telephone or other electronic means in accordance with section 42-1-218.5. The department shall hold the hearing not less than thirty days after receiving such license and request through a hearing commissioner appointed by the executive director of the department, which hearing shall be conducted in accordance with the provisions of section 24-4-105, C.R.S. After such hearing, the licensee may appeal the decision of the department to the district court as provided in section 42-2-135. Should a driver who has had his or her license revoked under this section be subsequently acquitted of such charge by a court of record, the department shall immediately, in any event not later than ten days after the receipt of such notice of acquittal, reinstate said license to the driver affected.

(5) Except where more than one revocation occurs as a result of the same episode of driving, license revocations made pursuant to this section shall not run concurrently with any previous or subsequent revocation or denial in lieu of revocation which is provided for by law. Any revocation unused pursuant to this section shall not preclude other actions which the department is required to take pursuant to the provisions of this title, and unless otherwise provided by law, this subsection (5) shall not prohibit revocations from being served concurrently with any suspension or denial in lieu of suspension of driving privileges.

(6) (a) Any person who has a license revoked pursuant to paragraph (m) of subsection (1) of this section shall be subject to the following revocation periods:

(I) After a first conviction and failure to complete an ordered evaluation, assessment, or program, three months;

(II) After a second conviction, six months;

(III) After any third or subsequent conviction, one year.

(b) (Deleted by amendment, L. 2007, p. 504, § 3, effective July 1, 2007.)

(7) (Deleted by amendment, L. 2009, (HB 09-1266), ch. 347, p. 1816, § 8, effective August 5, 2009.)

(8) If a suspension or revocation of a license is authorized or required for conviction of an offense under state law, a final finding of guilt for a violation of a municipal ordinance governing a substantially equivalent offense in a municipality, county, or another state for purposes of a suspension or revocation shall be deemed as a conviction of the corresponding offense under state law. A stay of sentence or a pending appeal shall not deprive the department of the authority to suspend, revoke, or deny a driver’s license or minor driver’s license pending a final determination of a conviction on appeal.

42-2-126. Revocation of license based on administrative determination. (1) Legislative declaration.

The purposes of this section are:

(a) To provide safety for all persons using the highways of this state by quickly revoking the driver’s license of any person who has shown himself or herself to be a safety hazard by driving with an excessive amount of alcohol in his or her body and any person who has refused to submit to an analysis as required by section 42-4-1301.1;

(b) To guard against the potential for any erroneous deprivation of the driving privilege by providing an opportunity for a full hearing; and

(c) Following the revocation period, to prevent the relicensing of a person until the department is satisfied that the person’s alcohol problem is under control and that the person no longer constitutes a safety hazard to other highway users.

(2) Definitions.As used in this section, unless the context otherwise requires:

(a) “Excess BAC” means that a person had a BAC level sufficient to subject the person to a license revocation for excess BAC 0.08, excess BAC underage, excess BAC CDL, or excess BAC underage CDL.

(b) “Excess BAC 0.08” means that a person drove a vehicle in this state when the person’s BAC was 0.08 or more at the time of driving or within two hours after driving.

(c) “Excess BAC CDL” means that a person drove a commercial motor vehicle in this state when the person’s BAC was 0.04 or more at the time of driving or at any time thereafter.

(d) “Excess BAC underage” means that a person was under the age of twenty-one years and the person drove a vehicle in this state when the person’s BAC was in excess of 0.02 but less than 0.08 at the time of driving or within two hours after driving.

(e) “Excess BAC underage CDL” means that a person was under the age of twenty-one years and the person drove a commercial motor vehicle in this state when the person’s BAC was in excess of 0.02 but less than 0.04 at the time of driving or at any time thereafter.

(f) “Hearing officer” means the executive director of the department or an authorized representative designated by the executive director.

(g) “License” includes driving privilege.

(h) “Refusal” means refusing to take or complete, or to cooperate in the completing of, a test of the person’s blood, breath, saliva, or urine as required by section 18-3-106 (4) or 18-3-205 (4), C.R.S., or section 42-4-1301.1 (2).

(i) “Respondent” means a person who is the subject of a hearing under this section.

(3) Revocation of license.(a) Excess BAC 0.08.(I) The department shall revoke the license of a person for excess BAC 0.08 for:

(A) Nine months for a first violation committed on or after January 1, 2009; except that such a person may apply for a restricted license pursuant to the provisions of section 42-2-132.5;

(B) One year for a second violation; and

(C) Two years for a third or subsequent violation occurring on or after January 1, 2009, regardless of when the prior violations occurred; except that such a person may apply for a restricted license pursuant to the provisions of section 42-2-132.5.

(II) (Deleted by amendment, L. 2008, p. 833, § 3, effective January 1, 2009.)

(b) Excess BAC underage.(I) The department shall revoke the license of a person for excess BAC underage for three months for a first violation, for six months for a second violation, and for one year for a third or subsequent violation.

(II) (A) Notwithstanding the provisions of subparagraph (I) of this paragraph (b), a person whose license is revoked for a first offense under subparagraph (I) of this paragraph (b) and whose BAC was not more than 0.05 may request that, in lieu of the three-month revocation, the person’s license be revoked for a period of not less than thirty days, to be followed by a suspension period of such length that the total period of revocation and suspension equals three months. If the hearing officer approves the request, the hearing officer may grant the person a probationary license that may be used only for the reasons provided in section 42-2-127 (14)(a).

(B) The hearing to consider a request under this subparagraph (II) may be held at the same time as the hearing held under subsection (8) of this section; except that a probationary license may not become effective until at least thirty days have elapsed since the beginning of the revocation period.

(c) Refusal. (I) Except as provided in section 42-2-132.5 (4), the department shall revoke the license of a person for refusal for one year for a first violation, two years for a second violation, and three years for a third or subsequent violation; except that the period of revocation shall be at least three years if the person was driving a commercial motor vehicle that was transporting hazardous materials as defined in section 42-2-402 (7).

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (c), such a person whose license has been revoked for two years for a second violation or for three years for a third or subsequent violation may apply for a restricted license pursuant to the provisions of section 42-2-132.5.

(d) Excess BAC CDL.The department shall revoke for the disqualification period provided in 49 CFR 383.51 the commercial driving privilege of a person who was the holder of a commercial driver’s license or was driving a commercial motor vehicle for a violation of excess BAC 0.08, excess BAC CDL, or refusal.

(e) Excess BAC underage CDL.The department shall revoke the commercial driving privilege of a person for excess BAC underage CDL for three months for a first violation, six months for a second violation, and one year for a third or subsequent violation.

(4) Multiple restraints and conditions on driving privileges.(a) (I) Except as otherwise provided in this paragraph (a), a revocation imposed pursuant to this section for an offense committed before January 1, 2014, shall run consecutively and not concurrently with any other revocation imposed pursuant to this section.

(II) If a license is revoked for excess BAC and the person is also convicted on criminal charges arising out of the same occurrence for DUI, DUI per se, DWAI, or UDD, both the revocation under this section and any suspension, revocation, cancellation, or denial that results from the conviction shall be imposed, but the periods shall run concurrently, and the total period of revocation, suspension, cancellation, or denial shall not exceed the longer of the two periods.

(III) (A) If a license is revoked for refusal for an offense committed before January 1, 2014, the revocation shall not run concurrently, in whole or in part, with any previous or subsequent suspensions, revocations, or denials that may be provided for by law, including but not limited to any suspension, revocation, or denial that results from a conviction of criminal charges arising out of the same occurrence for a violation of section 42-4-1301.

(B) If a license is revoked for refusal for an offense committed on or after January 1, 2014, and the person is also convicted on criminal charges arising out of the same occurrence for DUI, DUI per se, DWAI, or UDD, both the revocation under this section and any suspension, revocation, cancellation, or denial that results from the conviction shall be imposed, but the periods shall run concurrently. The total period of revocation, suspension, cancellation, or denial shall not exceed the longer of the two periods.

(IV) The revocation of the commercial driving privilege under excess BAC CDL may run concurrently with another revocation pursuant to this section arising out of the same incident.

(V) Any revocation for refusal shall not preclude other action that the department is required to take in the administration of this title.

(b) (I) The periods of revocation specified in subsection (3) of this section are intended to be minimum periods of revocation for the described conduct. Except as described in section 42-2-132.5, a license shall not be restored under any circumstances, and a probationary license shall not be issued, during the revocation period.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (b), a person whose privilege to drive a commercial motor vehicle has been revoked because of excess BAC CDL and who was twenty-one years of age or older at the time of the offense may apply for a driver’s license of another class or type as long as there is no other statutory reason to deny the person a license. The department may not issue the person a probationary license that would authorize the person to operate a commercial motor vehicle.

(c) Upon the expiration of the period of revocation under this section, if a person’s license is still suspended on other grounds, the person may seek a probationary license as authorized by section 42-2-127 (14) subject to the requirements of paragraph (d) of this subsection (4).

(d) (I) Following a license revocation, the department shall not issue a new license or otherwise restore the driving privilege unless the department is satisfied, after an investigation of the character, habits, and driving ability of the person, that it will be safe to grant the privilege of driving a motor vehicle on the highways to the person; except that the department may not require a person to undergo skills or knowledge testing prior to issuance of a new license or restoration of the person’s driving privilege if the person’s license was revoked for a first violation of excess BAC 0.08 or excess BAC underage.

(II) (A) If a person was driving with excess BAC and the person had a BAC that was 0.15 or more or if the person’s driving record otherwise indicates a designation as a persistent drunk driver as defined in section 42-1-102 (68.5), the department shall require the person to complete a level II alcohol and drug education and treatment program certified by the office of behavioral health in the department of human services pursuant to section 42-4-1301.3 as a condition to restoring driving privileges to the person and, upon the restoration of driving privileges, shall require the person to hold a restricted license requiring the use of an ignition interlock device pursuant to section 42-2-132.5 (1)(a)(II).

(B) If a person seeking reinstatement is required to complete, but has not yet completed, a level II alcohol and drug education and treatment program, the person shall file with the department proof of current enrollment in a level II alcohol and drug education and treatment program certified by the office of behavioral health in the department of human services pursuant to section 42-4-1301.3, on a form approved by the department.

(5) Actions of law enforcement officer.(a) If a law enforcement officer has probable cause to believe that a person should be subject to license revocation for excess BAC or refusal, the law enforcement officer shall forward to the department an affidavit containing information relevant to the legal issues and facts that shall be considered by the department to determine whether the person’s license should be revoked as provided in subsection (3) of this section. The executive director of the department shall specify to law enforcement agencies the form of the affidavit to be used under this paragraph (a) and the types of information needed in the affidavit and may specify any additional documents or copies of documents needed by the department to make its determination in addition to the affidavit. The affidavit shall be dated, signed, and sworn to by the law enforcement officer under penalty of perjury, but need not be notarized or sworn to before any other person.

(b) (I) A law enforcement officer, on behalf of the department, shall personally serve a notice of revocation on a person who is still available to the law enforcement officer if the law enforcement officer determines that, based on a refusal or on test results available to the law enforcement officer, the person’s license is subject to revocation for excess BAC or refusal.

(II) When a law enforcement officer serves a notice of revocation, the law enforcement officer shall take possession of any driver’s license issued by this state or any other state that the person holds. When the law enforcement officer takes possession of a valid driver’s license issued by this state or any other state, the law enforcement officer, acting on behalf of the department, shall issue a temporary permit that is valid for seven days after the date of issuance.

(III) A copy of the completed notice of revocation form, a copy of any completed temporary permit form, and any driver’s, minor driver’s, or temporary driver’s license or any instruction permit taken into possession under this section shall be forwarded to the department by the law enforcement officer along with an affidavit as described in paragraph (a) of this subsection (5) and any additional documents or copies of documents as described in said paragraph (a).

(IV) The department shall provide to law enforcement agencies forms for notice of revocation and for temporary permits. The law enforcement agencies shall use the forms for the notice of revocation and for temporary permits and shall follow the form and provide the information for affidavits as provided by the department pursuant to paragraph (a) of this subsection (5).

(V) A law enforcement officer shall not issue a temporary permit to a person who is already driving with a temporary permit issued pursuant to subparagraph (II) of this paragraph (b).

(6) Initial determination and notice of revocation.(a) Upon receipt of an affidavit of a law enforcement officer and the relevant documents required by paragraph (a) of subsection (5) of this section, the department shall determine whether the person’s license should be revoked under subsection (3) of this section. The determination shall be based upon the information contained in the affidavit and the relevant documents submitted to the department, and the determination shall be final unless a hearing is requested and held as provided in subsection (8) of this section. The determination of these facts by the department is independent of the determination of a court of the same or similar facts in the adjudication of any criminal charges arising out of the same occurrence. The disposition of the criminal charges shall not affect any revocation under this section.

(b) (I) If the department determines that the person is subject to license revocation, the department shall issue a notice of revocation if a notice has not already been served upon the person by the law enforcement officer as provided in paragraph (b) of subsection (5) of this section. A notice of revocation shall clearly specify the reason and statutory grounds for the revocation, the effective date of the revocation, the right of the person to request a hearing, the procedure for requesting a hearing, and the date by which a request for a hearing must be made.

(II) In sending a notice of revocation, the department shall mail the notice in accordance with the provisions of section 42-2-119 (2) to the person at the last-known address shown on the department’s records, if any, and to any address provided in the law enforcement officer’s affidavit if that address differs from the address of record. The notice shall be deemed received three days after mailing.

(c) If the department determines that the person is not subject to license revocation, the department shall notify the person of its determination and shall rescind any order of revocation served upon the person by the law enforcement officer.

(d) A license revocation shall become effective seven days after the person has received the notice of revocation as provided in subsection (5) of this section or is deemed to have received the notice of revocation by mail as provided in paragraph (b) of this subsection (6). If the department receives a written request for a hearing pursuant to subsection (7) of this section within that same seven-day period and the department issues a temporary permit pursuant to paragraph (d) of subsection (7) of this section, the effective date of the revocation shall be stayed until a final order is issued following the hearing; except that any delay in the hearing that is caused or requested by the person or counsel representing the person shall not result in a stay of the revocation during the period of delay.

(7) Request for hearing.(a) A person who has received a notice of revocation may make a written request for a review of the department’s determination at a hearing. The request may be made on a form available at each office of the department.

(b) A person must request a hearing in writing within seven days after the day the person receives the notice of revocation as provided in subsection (5) of this section or is deemed to have received the notice by mail as provided in paragraph (b) of subsection (6) of this section. If the department does not receive the written request for a hearing within the seven-day period, the right to a hearing is waived, and the determination of the department that is based on the documents and affidavit required by subsection (5) of this section becomes final.

(c) If a person submits a written request for a hearing after expiration of the seven-day period and if the request is accompanied by the person’s verified statement explaining the failure to make a timely request for a hearing, the department shall receive and consider the request. If the department finds that the person was unable to make a timely request due to lack of actual notice of the revocation or due to factors of physical incapacity such as hospitalization or incarceration, the department shall waive the period of limitation, reopen the matter, and grant the hearing request. In such a case, the department shall not grant a stay of the revocation pending issuance of the final order following the hearing.

(d) At the time a person requests a hearing pursuant to this subsection (7), if it appears from the record that the person is the holder of a valid driver’s or minor driver’s license or of an instruction permit or of a temporary permit issued pursuant to paragraph (b) of subsection (5) of this section and that the license or permit has been surrendered, the department shall stay the effective date of the revocation and issue a temporary permit that shall be valid until the scheduled date for the hearing. If necessary, the department may later extend the temporary permit or issue an additional temporary permit in order to stay the effective date of the revocation until the final order is issued following the hearing, as required by subsection (8) of this section. If the person notifies the department in writing at the time that the hearing is requested that the person desires the law enforcement officer’s presence at the hearing, the department shall issue a written notice for the law enforcement officer to appear at the hearing. A law enforcement officer who is required to appear at a hearing may, at the discretion of the hearing officer, appear in real time by telephone or other electronic means in accordance with section 42-1-218.5.

(e) At the time that a person requests a hearing, the department shall provide to the person written notice advising the person:

(I) Of the right to subpoena the law enforcement officer for the hearing and that the subpoena must be served upon the law enforcement officer at least five calendar days prior to the hearing;

(II) Of the person’s right at that time to notify the department in writing that the person desires the law enforcement officer’s presence at the hearing and that, upon receiving the notification, the department shall issue a written notice for the law enforcement officer to appear at the hearing;

(III) That, if the law enforcement officer is not required to appear at the hearing, documents and an affidavit prepared and submitted by the law enforcement officer will be used at the hearing; and

(IV) That the affidavit and documents submitted by the law enforcement officer may be reviewed by the person prior to the hearing.

(f) Any subpoena served upon a law enforcement officer for attendance at a hearing conducted pursuant to this section shall be served at least five calendar days before the day of the hearing.

(8) Hearing.(a) (I) The hearing shall be scheduled to be held as quickly as practicable but not more than sixty days after the date the department receives the request for a hearing; except that, if a hearing is rescheduled because of the unavailability of a law enforcement officer or the hearing officer in accordance with subsection (8)(a)(III) or (8)(a)(IV) of this section, the hearing may be rescheduled more than sixty days after the date the department receives the request for the hearing, and the department shall continue any temporary driving privileges held by the person until the date to which the hearing is rescheduled. At least ten days prior to the scheduled or rescheduled hearing, the department shall provide in the manner specified in section 42-2-119 (2) a written notice of the time and place of the hearing to the respondent unless the parties agree to waive this requirement. Notwithstanding the provisions of sections 42-1-102 and 42-2-119, the last-known address of the respondent for purposes of notice for any hearing pursuant to this section is the address stated on the hearing request form.

(II) A law enforcement officer who submits the documents and affidavit required by subsection (5) of this section need not be present at the hearing unless the hearing officer requires that the law enforcement officer be present and the hearing officer issues a written notice for the law enforcement officer’s appearance or unless the respondent or the respondent’s attorney determines that the law enforcement officer should be present and serves a timely subpoena upon the law enforcement officer in accordance with paragraph (f) of subsection (7) of this section.

(III) If a law enforcement officer, after receiving a notice or subpoena to appear from either the department or the respondent, is unable to appear at the original or rescheduled hearing date due to a reasonable conflict, including but not limited to training, vacation, or personal leave time, the law enforcement officer or the law enforcement officer’s supervisor shall contact the department not less than forty-eight hours prior to the hearing and reschedule the hearing to a time when the law enforcement officer will be available. If the law enforcement officer cannot appear at the original or rescheduled hearing because of medical reasons, a law enforcement emergency, another court or administrative hearing, or any other legitimate, just cause as determined by the department, and the law enforcement officer or the law enforcement officer’s supervisor gives notice of the law enforcement officer’s inability to appear to the department prior to the dismissal of the revocation proceeding, the department shall reschedule the hearing following consultation with the law enforcement officer or the law enforcement officer’s supervisor at the earliest possible time when the law enforcement officer and the hearing officer will be available.

(IV) If a hearing officer cannot appear at an original or rescheduled hearing because of medical reasons, a law enforcement emergency, another court or administrative hearing, or any other legitimate, just cause, the hearing officer or the department may reschedule the hearing at the earliest possible time when the law enforcement officer and the hearing officer will be available.

(b) The hearing shall be held in the district office nearest to where the violation occurred, unless the parties agree to a different location; except that, at the discretion of the department, all or part of the hearing may be conducted in real time, by telephone or other electronic means in accordance with section 42-1-218.5.

(c) The department shall consider all relevant evidence at the hearing, including the testimony of any law enforcement officer and the reports of any law enforcement officer that are submitted to the department. The report of a law enforcement officer shall not be required to be made under oath, but the report shall identify the law enforcement officer making the report. The department may consider evidence contained in affidavits from persons other than the respondent, so long as the affidavits include the affiant’s home or work address and phone number and are dated, signed, and sworn to by the affiant under penalty of perjury. The affidavit need not be notarized or sworn to before any other person.

(d) The hearing officer shall have authority to:

(I) Administer oaths and affirmations;

(II) Compel witnesses to testify or produce books, records, or other evidence;

(III) Examine witnesses and take testimony;

(IV) Receive and consider any relevant evidence necessary to properly perform the hearing officer’s duties as required by this section;

(V) Take judicial notice as defined by rule 201 of article II of the Colorado rules of evidence, subject to the provisions of section 24-4-105 (8), C.R.S., which shall include:

(A) Judicial notice of general, technical, or scientific facts within the hearing officer’s knowledge;

(B) Judicial notice of appropriate and reliable scientific and medical information contained in studies, articles, books, and treatises; and

(C) Judicial notice of charts prepared by the department of public health and environment pertaining to the maximum BAC levels that people can obtain through the consumption of alcohol when the charts are based upon the maximum absorption levels possible of determined amounts of alcohol consumed in relationship to the weight and gender of the person consuming the alcohol;

(VI) Issue subpoenas duces tecum to produce books, documents, records, or other evidence;

(VII) Issue subpoenas for the attendance of witnesses;

(VIII) Take depositions or cause depositions or interrogatories to be taken;

(IX) Regulate the course and conduct of the hearing; and

(X) Make a final ruling on the issues.

(e) When an analysis of the respondent’s BAC is considered at a hearing:

(I) If the respondent establishes, by a preponderance of the evidence, that the respondent consumed alcohol between the time that the respondent stopped driving and the time of testing, the preponderance of the evidence must also establish that the minimum required BAC was reached as a result of alcohol consumed before the respondent stopped driving; and

(II) If the evidence offered by the respondent shows a disparity between the results of the analysis done on behalf of the law enforcement agency and the results of an analysis done on behalf of the respondent, and a preponderance of the evidence establishes that the blood analysis conducted on behalf of the law enforcement agency was properly conducted by a qualified person associated with a laboratory certified by the department of public health and environment using properly working testing devices, there shall be a presumption favoring the accuracy of the analysis done on behalf of the law enforcement agency if the analysis showed the BAC to be 0.096 or more. If the respondent offers evidence of blood analysis, the respondent shall be required to state under oath the number of analyses done in addition to the one offered as evidence and the names of the laboratories that performed the analyses and the results of all analyses.

(f) The hearing shall be recorded. The hearing officer shall render a decision in writing, and the department shall provide a copy of the decision to the respondent.

(g) If the respondent fails to appear without just cause, the right to a hearing shall be waived, and the determination of the department which is based upon the documents and affidavit required in subsection (5) of this section shall become final.

(h) Pursuant to section 42-1-228, a driver may challenge the validity of the law enforcement officer’s initial contact with the driver and the driver’s subsequent arrest for DUI, DUI per se, or DWAI. If a driver so challenges the validity of the law enforcement officer’s initial contact, and the evidence does not establish that the initial contact or arrest was constitutionally and statutorily valid, the driver is not subject to license revocation.

(9) Appeal.(a) Within thirty-five days after the department issues its final determination under this section, a person aggrieved by the determination has the right to file a petition for judicial review in the district court in the county of the person’s residence.

(b) Judicial review of the department’s determination shall be on the record without taking additional testimony. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination that is unsupported by the evidence in the record, the court may reverse the department’s determination.

(c) A filing of a petition for judicial review shall not result in an automatic stay of the revocation order. The court may grant a stay of the order only upon a motion and hearing and upon a finding that there is a reasonable probability that the person will prevail upon the merits.

(10) Notice to vehicle owner.If the department revokes a person’s license pursuant to paragraph (a), (c), or (d) of subsection (3) of this section, the department shall mail a notice to the owner of the motor vehicle used in the violation informing the owner that:

(a) The motor vehicle was driven in an alcohol-related driving violation; and

(b) Additional alcohol-related violations involving the motor vehicle by the same driver may result in a requirement that the owner file proof of financial responsibility under the provisions of section 42-7-406 (1.5).

(11) Applicability of “State Administrative Procedure Act”.The “State Administrative Procedure Act”, article 4 of title 24, C.R.S., shall apply to this section to the extent it is consistent with subsections (7), (8), and (9) of this section relating to administrative hearings and judicial review.

42-2-126.1. Probationary licenses for persons convicted of alcohol-related driving offenses – ignition interlock devices – fees – interlock fund created – violations of probationary license – repeal. (Repealed)

42-2-126.3. Tampering with an ignition interlock device. (Repealed)

42-2-126.5. Revocation of license based on administrative actions taken under tribal law – repeal.

(1) As used in this section:

(a) “Indian” means a person who is a member of a federally recognized Indian tribe.

(b) “Reservation” means the Southern Ute Indian reservation, the exterior boundaries of which were confirmed in the Act of May 21, 1984, Pub.L. 98-290, 98 Stat. 201, 202 (found at “Other Provisions” note to 25 U.S.C. sec. 668).

(c) “Reservation driving privilege” means the driving privilege of an Indian that arises under and is governed by the tribal code when the Indian is operating a motor vehicle within the boundaries of the reservation.

(d) “Tribal code” means the laws adopted by the tribe pursuant to the tribe’s constitution.

(e) “Tribe” means the Southern Ute Indian tribe.

(2) Legislative declaration.(a) The general assembly finds that:

(I) The tribal code, including traffic provisions, governs the conduct of Indians within the reservation;

(II) The tribal code grants reservation driving privileges to Indians based on possession of a state-issued driver’s license but does not authorize application of state driver’s license revocation laws based on the conduct of Indians within the reservation; and

(III) When Indians drive outside of the reservation, state and municipal traffic laws apply to their state driving privileges.

(b) In enacting this section, the general assembly intends to provide safety for all persons using the highways of the state by authorizing a process whereby the state shall revoke the Colorado driving privileges of a person after the tribe has entered a final order under the tribal code revoking the reservation driving privileges of that person, in a manner similar to how the state revokes the state driving privileges of a Colorado licensee whose driving privileges are revoked for an action occurring and adjudicated in a foreign jurisdiction.

(3) When the tribe initially revokes the reservation driving privilege of an Indian pursuant to the tribal code pending a tribal hearing, the tribe shall take possession of the person’s Colorado driver’s license. The tribe is authorized to issue a temporary permit which shall provide temporary Colorado driving privileges to the person until the tribe enters a final order of revocation of the person’s reservation driving privileges.

(4) If the tribe enters a final order of revocation of the person’s reservation driving privileges, the tribe shall send notice of such revocation to the department via fax, mail, or electronic means.

(5) The state shall give full faith and credit to a tribal administrative or judicial determination related to the tribe’s revocation of the reservation driving privileges of an Indian.

(6) Upon receiving notice of revocation from the tribe pertaining to any Indian, the department shall immediately revoke the Colorado driving privileges of that person. The period of the state revocation shall run concurrently with the revocation action taken by the tribe. The state’s driver record for the revoked individual shall indicate concurrent dates for the revocation period. The department shall send notice of revocation by first-class mail to the person at the address last shown on the department’s records.

(7) The department’s revocation of the person’s Colorado driving privileges shall be a final agency action of the department. Any appeal of the state’s final revocation action may be taken in accordance with section 42-2-135 and section 24-4-106, C.R.S. Because the state is giving full faith and credit to the tribal determination, the department’s revocation action shall be affirmed if, upon review, the reviewing court determines that the tribe’s revocation of tribal driving privileges met both of the following conditions:

(a) The revocation occurred after providing the person whose driving privilege was revoked reasonable notice and an opportunity to be heard sufficient to protect due process rights; and

(b) The tribal administrative or judicial tribunal that made the determination had jurisdiction over the parties and over the subject matter.

(8) When a person whose license is revoked under this section has completed the terms and conditions of the tribal revocation order, the tribe shall provide the person with written notification of the completion and shall also send written notice to the department. When the department receives the tribe’s written notification of the completion, the person may seek reinstatement of his or her Colorado driving privileges. The person must comply with sections 42-2-126 (4)(d), 42-2-132, and 42-7-406 to obtain a new license or otherwise restore his or her Colorado driving privileges.

(9) The provisions of this section do not apply to the department’s revocation, suspension, cancellation, or denial of a Colorado driver’s license of an Indian for any driving offense that occurs while operating a motor vehicle outside the boundaries of the reservation.

(10) This section shall automatically repeal on the occurrence of any one or more of the following events:

(a) The tribe repeals the express consent law of the tribal code;

(b) Either the tribe or the state terminates any intergovernmental agreement between the parties pertaining to driver’s license revocations of Indians; or

Known to many people in Colorado, the state maintains an elaborate point system which provides for the suspension of a driver’s license upon the accumulation of excessive number of penalty points. This section provides the number of points that are applicable for various driving violations.

42-2-127. Authority to suspend license – to deny license – type of conviction – points.

(1) (a) Except as provided in paragraph (b) of subsection (8) of this section, the department has the authority to suspend the license of any driver who, in accordance with the schedule of points set forth in this section, has been convicted of traffic violations resulting in the accumulation of twelve points or more within any twelve consecutive months or eighteen points or more within any twenty-four consecutive months, or, in the case of a minor driver eighteen years of age or older, who has accumulated nine points or more within any twelve consecutive months, or twelve points or more within any twenty-four consecutive months, or fourteen points or more for violations occurring after reaching the age of eighteen years, or, in the case of a minor driver under the age of eighteen years, who has accumulated more than five points within any twelve consecutive months or more than six points for violations occurring prior to reaching the age of eighteen years; except that the accumulation of points causing the subjection to suspension of the license of a chauffeur who, in the course of employment, has as a principal duty the operation of a motor vehicle shall be sixteen points in one year, twenty-four points in two years, or twenty-eight points in four years, if all the points are accumulated while said chauffeur is in the course of employment. Any provision of this section to the contrary notwithstanding, the license of a chauffeur who is convicted of DUI, DUI per se, DWAI, UDD, or leaving the scene of an accident shall be suspended in the same manner as if the offense occurred outside the course of employment. Whenever a minor driver under the age of eighteen years receives a summons for a traffic violation, the minor’s parent or legal guardian or, if the minor is without parents or guardian, the person who signed the minor driver’s application for a license shall immediately be notified by the court from which the summons was issued.

(b) If any applicant for a license to operate a motor vehicle has illegally operated a motor vehicle in this state prior to the issuance of a valid driver’s or minor driver’s license or instruction permit or in violation of the terms of any instruction permit within thirty-six months prior to said application, the department has the authority to deny the issuance of said license for not more than twelve months.

(c) For the purpose of this section, any points accumulated by a minor under an instruction permit shall apply to the minor driver’s license subsequently issued to or applied for by such minor.

(d) No suspension or denial shall be made until a hearing has been held or the driver has failed to appear for a hearing scheduled in accordance with this section. This section shall not be construed to prevent the issuance of a restricted license pursuant to section 42-2-116.

(2) (a) The time periods provided in subsection (1) of this section for the accumulation of points shall be based on the date of violation, but points shall not be assessed until after conviction for any such traffic violation.

(b) The accumulation of points within the time periods provided in subsection (1) of this section shall not be affected by the issuance or renewal of any driver’s or minor driver’s license issued under the provisions of this article or the anniversary date thereof.

(3) Nothing in subsections (1) and (2) of this section shall affect or prevent any proceedings to suspend any license under the provisions of law existing prior to July 1, 1974.

(4) Statutory provisions for cancellation and mandatory revocation of drivers’ licenses shall take precedence over this section.

(5) Point system schedule:

Type of conviction Points

(a) Leaving scene of accident12

(b) (I) DUI or DUI per se12

(II) Repealed.

(III) DWAI8

(IV) UDD4

(II) Aiding or facilitating engaging in a speed contest in violation of section

42-4-1105 (3)12

(III) Engaging in a speed exhibition in violation of section 42-4-1105 (2)5

(IV) Aiding or facilitating engaging in a speed exhibition in violation of section 42-4-1105 (3)5

(d) Reckless driving8

(e) Careless driving4

(e.5) Careless driving resulting in death12

(f) Speeding:

(I) One to four miles per hour over the reasonable and prudent speed or one to four miles per hour over the maximum lawful speed limit of seventy-five miles per hour0

(II) Five to nine miles per hour over the reasonable and prudent speed or five to nine miles per hour over the maximum lawful speed limit of seventy-five miles per hour1

(III) Ten to nineteen miles per hour over the reasonable and prudent speed or ten to nineteen miles per hour over the maximum lawful speed limit of seventy-five miles per

hour

(IV) Twenty to thirty-nine miles per hour over the reasonable and prudent speed or twenty to thirty-nine miles per hour over the maximum lawful speed limit of seventy-five miles per hour6

(IV.5) Forty or more miles per hour over the reasonable and prudent speed or forty or more miles per hour over the maximum lawful speed limit of seventy-five miles per

hour12

(V) Failure to reduce speed below an otherwise lawful speed when a special hazard exists3

(VI) One to four miles per hour over the maximum lawful speed limit of forty miles per hour driving a low-power scooter0

(VII) Five to nine miles per hour over the maximum lawful speed limit of forty miles per hour driving a low-power scooter2

(VIII) Greater than nine miles per hour over the maximum lawful speed limit of forty miles per hour driving a low-power scooter4

(g) Failure to stop for school signals6

(h) Driving on wrong side of road or driving on wrong side of divided or controlled-access highway in violation of section 42-4-10104

(i) Improper passing4

(j) Failure to stop for school bus6

(k) Following too closely4

(l) Failure to observe traffic sign or signal, except as provided in paragraph (ff) of this subsection (5)4

(m) Failure to yield to emergency vehicle4

(n) Failure to yield right-of-way, except as provided in paragraphs (y) to (bb) of this subsection (5)3

(o) Improper turn3

(p) Driving in wrong lane or direction on one-way street3

(q) Driving through safety zone3

(r) Conviction of violations not listed in this subsection (5) while driving a moving vehicle, which are violations of a state law or municipal ordinance other than violations classified as class B traffic infractions under section 42-4-1701 or having an equivalent classification under any municipal ordinance3

(s) Failure to signal or improper signal2

(t) Improper backing2

(u) Failure to dim or turn on lights2

(v) (I) Except as provided in subparagraph (II) of this paragraph (v), operating an unsafe vehicle2

(II) Operating a vehicle with defective head lamps1

(w) Eluding or attempting to elude a police officer12

(x) Alteration of suspension system3

(y) Failure to yield right-of-way to pedestrian4

(z) Failure to yield right-of-way to pedestrian at walk signal4

(aa) Failure to yield right-of-way to pedestrian upon emerging from alley, driveway, or building in a commercial or residential area4

(bb) Failure to yield right-of-way to person with a disability pursuant to section 42-4-8086

(cc) Failure to exercise due care for pedestrian pursuant to section 42-4-8074

(dd) A second or subsequent violation of section 42-2-101 (1) and (4)6

(ee) Failure to maintain or show proof of insurance pursuant to section

42-4-14094

(ff) Failure to observe high occupancy vehicle lane restrictions pursuant to section 42-4-10120

(gg) (Deleted by amendment, L. 2005, p. 334, § 2, effective July 1, 2005.)

(hh) Driving a motor vehicle while not wearing a seat belt in violation of section 42-2-105.5 (3)2

(ii) Driving with more passengers than seat belts in violation of section 42-2-105.5

(4)2

(jj) A violation of section 42-4-239 (2)1

(jj.5) A violation of section 42-4-239 (3)4

(kk) Driving with a passenger who is under twenty-one years of age or driving between 12 midnight and 5 a.m. in violation of section 42-4-1162

(ll) (I) Except as provided in subsection (5)(ll)(II) or (5)(ll)(III) of this section, failure to exercise due care when approaching a stationary vehicle pursuant to section 42-4-705 (2)3

(II) Failure to exercise due care when approaching a stationary vehicle resulting in bodily injury6

(III) Failure to exercise due care when approaching a stationary vehicle resulting in death8

(mm) Driving under restraint in violation of section 42-2-138 (1.5)3

(5.5) If a person receives a penalty assessment notice for a violation under section 42-4-1701 (5) and such person pays the fine and surcharge for the violation on or before the date the payment is due, the points assessed for the violation are reduced as follows:

(a) For a violation having an assessment of three or more points under subsection (5) of this section, the points are reduced by two points;

(b) For a violation having an assessment of two points under subsection (5) of this section, the points are reduced by one point.

(5.6) (a) Any municipality may elect to have the provisions of subsection (5.5) of this section apply to penalty assessment notices issued by the municipality pursuant to counterpart municipal ordinances. Whenever a municipality reduces a traffic offense, the reduced offense and the points assessed for such reduced offense shall conform to the point assessment schedule under subsection (5) of this section.

(b) Any county may elect to have the provisions of subsection (5.5) of this section apply to penalty assessment notices issued by the county pursuant to counterpart county ordinances. Whenever a county reduces a traffic offense, the reduced offense and the points assessed for such reduced offense shall conform to the point assessment schedule under subsection (5) of this section.

(5.7) Notwithstanding any other provision of the statutes to the contrary, if a penalty assessment for a traffic infraction is not personally served on the defendant or the defendant has not accepted the jurisdiction of the court for such penalty assessment, then the traffic infraction is a class B traffic infraction and the department has no authority to assess any points under this section upon entry of judgment for such traffic infraction.

(5.8) Notwithstanding any other provision of this section, the department may not assess any points for a violation if such assessment of points is prohibited under section 42-4-110.5 (3).

(6) (a) “Convicted” and “conviction”, as used in this section, include conviction in any court of record or municipal court, or by the Southern Ute Indian tribal court, or by any military authority for offenses substantially the same as those set forth in subsection (5) of this section which occur on a military installation in this state and also include the acceptance and payment of a penalty assessment under the provisions of section 42-4-1701 or under the similar provisions of any town or city ordinance and the entry of a judgment or default judgment for a traffic infraction under the provisions of section 42-4-1701 or 42-4-1710 or under the similar provisions of any municipal ordinance.

(b) For the purposes of this article, a plea of no contest accepted by the court or the forfeiture of any bail or collateral deposited to secure a defendant’s appearance in court or the failure to appear in court by a defendant charged with DUI, DUI per se, or UDD who has been issued a summons and notice to appear pursuant to section 42-4-1707 as evidenced by records forwarded to the department in accordance with the provisions of section 42-2-124 shall be considered as a conviction.

(c) The provisions of paragraph (r) of subsection (5) of this section shall not be applicable to violations of sections 42-2-115, 42-3-121, and 42-4-314.

(7) Upon the accumulation by a licensee of half as many points as are required for suspension, the department may send such licensee a warning letter in accordance with section 42-2-119 (2) or order a preliminary hearing, but the failure of the department to send such warning letter or hold such preliminary hearing shall not be grounds for invalidating the licensee’s subsequent suspension as a result of accumulating additional points as long as the suspension is carried out under the provisions of this section. Should a preliminary hearing be ordered by the department and should the licensee fail to attend or show good cause for failure to attend, the department may suspend such license in the same way as if the licensee had accumulated sufficient points for suspension and had failed to attend such suspension hearing.

(8) (a) Whenever the department’s records show that a licensee has accumulated a sufficient number of points to be subject to license suspension, the department shall notify the licensee that a hearing will be held not less than twenty days after the date of the notice to determine whether the licensee’s driver’s license should be suspended. The notification shall be given to the licensee in writing by regular mail, addressed to the address of the licensee as shown by the records of the department.

(b) (I) If the department’s records indicate that a driver has accumulated a sufficient number of points to cause a suspension under subsection (1) of this section and the driver is subject to a current or previous license restraint with a determined reinstatement date for the same offense or conviction that caused the driver to accumulate sufficient points to warrant suspension, the department may not order a point suspension of the license of the driver unless the license or driving privilege of the driver was revoked pursuant to section 42-2-126 (3)(c).

(II) If the department does not order a point suspension against the license of a driver because of the existence of a current or previous license restraint with a determined reinstatement date under the provisions of subparagraph (I) of this paragraph (b), the department shall utilize the points that were assessed against the driver in determining whether to impose any future license suspension if the driver accumulates any more points against the driver’s license.

(9) Repealed.

(10) Suspension hearings when ordered by the department shall be held at the district office of the department closest to the residence of the licensee; except that all or part of the hearing may, at the discretion of the department, be conducted in real time, by telephone or other electronic means in accordance with section 42-1-218.5. A hearing delay shall be granted by the department only if the licensee presents the department with good cause for such delay. Good cause shall include absence from the state or county of residence, personal illness, or any other circumstance which, in the department’s discretion, constitutes sufficient reason for delay. In the event that a suspension hearing is delayed, the department shall set a new date for such hearing no later than sixty days after the date of the original hearing.

(11) Upon such hearing, the department or its authorized agent may administer oaths, issue subpoenas for the attendance of witnesses and the production of books and papers, apply to the district court for the enforcement thereof by contempt proceedings, and require a reexamination of the licensee.

(12) If at the hearing held pursuant to subsection (8) of this section it appears that the record of the driver sustains suspension as provided in this section, the department shall immediately suspend such driver’s license, and such license shall then be surrendered to the department. If at such hearing it appears that the record of the driver does not sustain suspension, the department shall not suspend such license and shall adjust the accumulated-point total accordingly. In the event that the driver’s license is suspended, the department may issue a probationary license for a period not to exceed the period of suspension, which license may contain such restrictions as the department deems reasonable and necessary and which may thereafter be subject to cancellation as a result of any violation of the restrictions imposed therein. The department may also order any driver whose license is suspended to take a complete driving reexamination. After such hearing, the licensee may appeal the decision to the district court as provided in section 42-2-135.

(13) If the driver fails to appear at such hearing after proper notification as provided in subsections (7) and (8) of this section and a delay or continuance has not been requested and granted as provided in subsection (10) of this section, the department shall immediately suspend the license of the driver. A driver who failed to appear may request a subsequent hearing, but the request shall not postpone the effectiveness of the restraint.

(14) (a) (I) If there is no other statutory reason for denial of a probationary license, any individual who has had a license suspended by the department because of, at least in part, a conviction of an offense specified in subsection (5)(b) of this section may be entitled to a probationary license pursuant to subsection (12) of this section for the purpose of driving for reasons of employment, education, health, or alcohol and drug education or treatment, but:

(A) If ordered by the court that convicted the individual, the individual shall enroll in a program of driving education or alcohol and drug education and treatment certified by the office of behavioral health in the department of human services; and

(B) If the individual is an interlock-restricted driver or is a persistent drunk driver, as defined in section 42-1-102 (68.5), any probationary license shall require the use of an approved ignition interlock device, as defined in section 42-2-132.5 (9)(a), and the time that the individual holds a probationary license under this section shall be credited against the time that the individual may be required to hold an interlock-restricted license pursuant to section 42-2-132.5.

(II) A probationary license issued pursuant to this subsection (14) shall contain any other restrictions as the department deems reasonable and necessary, shall be subject to cancellation for violation of any such restrictions, including but not limited to absences from alcohol and drug education or treatment sessions or failure to complete alcohol and drug education or treatment programs, and shall be issued for the entire period of suspension.

(b) The department may refuse to issue a probationary license if the department finds that the driving record of the individual is such that the individual has sufficient points, in addition to those resulting from the conviction referred to in this subsection (14), to require the suspension or revocation of a license to drive on the highways of this state, or if the department finds from the record after a hearing conducted in accordance with subsection (12) of this section that aggravating circumstances exist to indicate the individual is unsafe for driving for any purpose. In refusing to issue a probationary license, the department shall make specific findings of fact to support such refusal.

(c) No district attorney shall enter into, nor shall any judge approve, a plea bargaining agreement entered into solely for the purpose of permitting the defendant to qualify for a probationary license under this subsection (14).

(15) Repealed.

42-2-127.3. Authority to suspend license – controlled substance violations. (Repealed)

42-2-127.4. Authority to suspend license – forgery of a penalty assessment notice issued to minor under the age of eighteen years. (Repealed)

The Colorado Division of Motor Vehicles, in addition to other criteria that may lead to a suspensions of a driver’s license, is required to suspend a driver’s license based upon the violation of a child support order issued by a court.

42-2-127.5. Authority to suspend license – violation of child support order.

(1) The department shall suspend the license of any driver who is not in compliance with a child support order pursuant to the provisions of this section.

(2) Upon receipt of a notice of failure to comply from the state child support enforcement agency pursuant to section 26-13-123 (4), C.R.S., the department shall send written notice to the person identified in the court order that such person shall be required to provide the department with proof of compliance with the child support order. Such proof shall be in the form of a notice of compliance as defined in section 26-13-123 (1)(c), C.R.S.

(3) (a) If a notice of compliance is not received by the department within thirty days after the date written notice is sent pursuant to subsection (2) of this section, the department shall suspend the driver’s license of the person from whom proof is required and may not reinstate such license until proof in the form of a notice of compliance is provided.

(b) The driver shall not have a right to a hearing before license suspension pursuant to this subsection (3), and the driver’s right to any hearing shall be limited to the rights set forth in section 26-13-123, C.R.S.

(4) In the event that a driver’s license is suspended pursuant to subsection (3) of this section, the department may issue a probationary license for a period not to exceed ninety days from the date of issuance, which probationary license shall restrict the driver to driving to and from the place of employment or to performing duties within the course of the driver’s employment. The department is authorized to charge a fee for such probationary license that covers the direct and indirect costs of issuing the license. The department may not issue a probationary license to an individual unless at the time of license restraint such individual has a valid driver’s privilege and has no outstanding judgments or warrants issued against such individual pursuant to the requirements of section 42-2-118 (3).

(5) Repealed.

42-2-127.6. Authority to suspend license – providing alcohol to an underage person.

(1) (a) Whenever the department receives notice that a person, other than a business licensed pursuant to article 46, 47, or 48 of title 12, C.R.S., or an employee or agent of the business acting in the scope of his or her employment, has been convicted of an offense pursuant to section 12-47-901 (1)(a.5) or (1)(k), C.R.S., the department shall immediately suspend the license of the person for a period of not less than six months.

(b) For purposes of this subsection (1), a person has been convicted when the person has been found guilty by a court or a jury, entered a plea of guilty or nolo contendere, or received a deferred sentence for an offense.

(2) (a) Upon suspension of a person’s license as required by this section, the department shall immediately notify the person as provided in section 42-2-119 (2).

(b) Upon receipt of the notice of suspension, the person or the person’s attorney may request a hearing in writing. The department shall hold a hearing not less than thirty days after receiving the request through a hearing commissioner appointed by the executive director of the department, which hearing shall be conducted in accordance with the provisions of section 24-4-105, C.R.S. The hearing shall be held at the district office of the department closest to the residence of the person; except that all or part of the hearing may, at the discretion of the department, be conducted in real time by telephone or other electronic means in accordance with section 42-1-218.5, unless the person requests to appear in person at the hearing. After the hearing, the person may appeal the decision of the department to the district court as provided in section 42-2-135. If a person who has had a license suspended under this section is subsequently acquitted of the conviction that required the suspension by a court of record, the department shall immediately, in any event not later than ten days after the receipt of the notice of acquittal, reinstate said license to the person affected, unless the license is under other restraint.

(3) (a) If there is no other statutory reason for denial of a probationary license, a person who has had a license suspended by the department because of, in whole or in part, a conviction of an offense specified in subsection (1) of this section shall be entitled to a probationary license for the purpose of driving for reasons of employment, education, health, or compliance with the requirements of probation. Such a probationary license shall:

(I) Contain any other restrictions the department deems reasonable and necessary;

(II) Be subject to cancellation for violation of any such restrictions; and

(III) Be issued for the entire period of suspension.

(b) The department may refuse to issue a probationary license if the department finds that the driving record of the person is such that the person has sufficient points to require the suspension or revocation of a license to drive on the highways of this state pursuant to section 42-2-127 or if the department finds from the record after a hearing conducted in accordance with this section that aggravating circumstances exist to indicate the person is unsafe for driving for any purpose. In refusing to issue a probationary license, the department shall make specific findings of fact to support the refusal.

42-2-127.7. Authority to suspend driver’s license – uninsured motorists – legislative declaration.

(1) The general assembly hereby finds, determines, and declares that the purpose of this section is to induce and encourage all motorists to provide for their financial responsibility for the protection of others and to assure the widespread availability to the insuring public of insurance protection against financial loss caused by negligent, financially irresponsible, motorists.

(2) (a) The department may suspend the driver’s license of any person upon its determination that the person drove a vehicle in this state without having in full force and effect a complying policy or certificate of self-insurance as required by sections 10-4-619 and 10-4-624, C.R.S., as follows:

(I) Upon the first determination that a person operated a motor vehicle in this state without having in full force and effect a complying policy or certificate of self-insurance as required pursuant to section 10-4-619 or 10-4-624, C.R.S., the department shall suspend the driver’s license of a person until the person furnishes proof of financial responsibility, as defined in section 42-7-103 (14), in the manner contemplated by section 42-7-301 (1), in the amount specified in section 10-4-620, C.R.S.

(II) Upon the second determination that the person operated a motor vehicle in this state without having in full force and effect a complying policy or certificate of self-insurance as required by sections 10-4-619 and 10-4-624, C.R.S., within five years, the department shall suspend the person’s driver’s license for a period of four months.

(III) Upon the third or subsequent determination that the person operated a motor vehicle in this state without having in full force and effect a complying policy or certificate of self-insurance as required by sections 10-4-619 and 10-4-624, C.R.S., the department shall suspend the person’s driver’s license for a period of eight months.

(b) The department shall make a determination of such facts on the basis of the documents and affidavit of a law enforcement officer as specified in subsection (3) of this section, and this determination shall be final unless a hearing is requested and held as provided in subsection (7) of this section.

(c) The determination of the facts specified in this subsection (2) by the department is independent of the suspension taken under article 7 of this title.

(d) For purposes of this section, “license” includes any driving privilege.

(3) Whenever a law enforcement officer determines, by checking the motorist insurance identification database created in section 42-7-604, and by any other means authorized by law, that a driver violates section 42-4-1409 by not having a complying policy or certificate of self-insurance in full force and effect as required by sections 10-4-619 and 10-4-624, C.R.S., the law enforcement officer making such determination shall forward to the department an affidavit that includes a statement of the officer’s probable cause that the person committed such violation, and a copy of the citation and complaint, if any, filed with the court. The affidavit shall be dated, signed, and sworn to by the law enforcement officer under penalty of perjury, but need not be notarized or sworn to before any other person.

(4) (a) Upon receipt by the department of the affidavit of the law enforcement officer and the relevant documents required by subsection (3) of this section, the department shall make the determination described in subsection (2) of this section. The determination shall be based upon the information contained in the affidavit and the relevant documents. If the department determines that the person is subject to license suspension, the department may issue a notice of suspension if such notice has not already been served upon the person by the law enforcement officer as required in subsection (5) of this section.

(b) The notice of suspension sent by the department shall be mailed in accordance with the provisions of section 42-2-119 (2) to the person at the last-known address shown on the department’s records, if any, and to any address provided in the law enforcement officer’s affidavit if that address differs from the address of record. The notice shall be deemed received three days after mailing.

(c) The notice of suspension shall clearly specify the reason and statutory grounds for the suspension, the effective date of the suspension, the right of the person to request a hearing, the procedure for requesting a hearing, and the date by which that request for a hearing must be made. The notice shall also state that the person may avoid suspension by filing with the department proof of financial responsibility for the future, or by compliance with section 42-7-302 on the first determination. For subsequent offenses, a person’s driver’s license shall be suspended in accordance with the provisions of subsection (2) of this section. If the person files proof of financial responsibility for the future, such proof of financial responsibility for the future shall be maintained for three years from the date such proof of financial responsibility for the future is received by the department and after any applicable suspension period.

(d) If the department determines that the person is not subject to license suspension:

(I) The department shall notify the person of its determination and shall rescind any order of suspension served upon the person by the law enforcement officer;

(II) The person whose driver’s license was taken possession of by a law enforcement officer under this section may obtain the license by the payment of a fee to the department. The department shall determine the fee in accordance with section 42-2-114.5.

(5) (a) Whenever a law enforcement officer determines, by checking the motorist insurance identification database created in section 42-7-604, and by any other means authorized by law, that a driver violates section 42-4-1409 by not having a complying policy or certificate of self-insurance as required by sections 10-4-619 and 10-4-624, C.R.S., the officer, acting on behalf of the department, may serve the notice of suspension personally on such driver. If the law enforcement officer serves the notice of suspension, the officer shall take possession of any driver’s license issued by this state or any other state that is held by the person. When the officer takes possession of a valid license, the officer, acting on behalf of the department, shall issue a temporary permit that is valid for seven days after its date of issuance.

(b) A copy of the completed notice of suspension form, a copy of any completed temporary permit form, and any driver’s, minor driver’s, or temporary driver’s license or any instruction permit taken into possession under this section shall be forwarded to the department by the law enforcement officer along with the affidavit and documents required in subsections (2) and (3) of this section.

(c) The department shall provide forms for notice of suspension and for temporary permits to law enforcement agencies. The department shall establish a format for the affidavits required by this section and shall give notice of such format to all law enforcement agencies which submit affidavits to the department. Such law enforcement agencies shall follow the format determined by the department.

(d) A temporary permit may not be issued to any person who is already driving with a temporary permit issued pursuant to paragraph (a) of this subsection (5).

(6) (a) The license suspension shall become effective seven days after the subject person has received the notice of suspension as provided in subsection (5) of this section or is deemed to have received the notice of suspension by mail as provided in subsection (4) of this section unless the person files with the department proof of financial responsibility for the future or complies with section 42-7-302 prior to the effective date of the suspension. If the person files proof of financial responsibility for the future, such proof of financial responsibility for the future must be maintained for three years from the date such proof of financial responsibility for the future is received by the department. If a written request for a hearing and evidence of current liability insurance in the respondent’s name is received by the department within that same seven-day period, the effective date of the suspension shall be stayed until a final order is issued following the hearing; except that any delay in the hearing that is caused or requested by the subject person or counsel representing that person shall not result in a stay of the suspension during the period of delay.

(b) The period of license suspension under paragraph (a) of subsection (2) of this section shall be for an indefinite period. The person may reinstate at any time by complying with section 42-7-302 or by filing with the department proof of financial responsibility for the future and paying the required reinstatement fee pursuant to section 42-2-132. If the person files proof of financial responsibility for the future, such proof of financial responsibility for the future must be maintained for three years from the date such proof of financial responsibility for the future is received by the department.

(7) (a) Any person who has received a notice of suspension may make a written request for a review of the department’s determination at a hearing. The request may be made on a form available at each office of the department. Evidence of current liability insurance in the respondent’s name and the person’s driver’s license, if the license has not been previously surrendered, shall be submitted at the time the request for a hearing is made.

(b) The request for a hearing shall be made in writing within seven days after the day the person received the notice of suspension as provided in subsection (5) of this section or is deemed to have received the notice by mail as provided in subsection (4) of this section. If written request for a hearing and evidence of current liability insurance in the respondent’s name is not received within the seven-day period, the right to a hearing is waived, and the determination of the department that is based upon the documents and affidavit required by subsections (2) and (3) of this section becomes final.

(c) If a written request for a hearing is made after expiration of the seven-day period and if it is accompanied by the applicant’s verified statement explaining the failure to make a timely request for a hearing, the department shall receive and consider the request. If the department finds that the person was unable to make a timely request due to lack of actual notice of the suspension or due to factors of physical incapacity such as hospitalization or incarceration, the department shall waive the period of limitation, reopen the matter, and grant the hearing request upon receipt of evidence of current liability insurance in the respondent’s name. In such a case, a stay of the suspension pending issuance of the final order following the hearing shall not be granted.

(d) At the time the request for a hearing is made, if it appears from the record that the person is the holder of a valid driver’s or minor driver’s license or any instruction permit issued by this state or temporary permit issued pursuant to subsection (5) of this section and that the license has been surrendered as required pursuant to subsection (5) of this section, the department shall issue a temporary permit upon the receipt of evidence of current liability insurance in the respondent’s name. The temporary permit will be valid until the scheduled date for the hearing. If necessary, the department may later issue an additional temporary permit or permits in order to stay the effective date of the suspension until the final order is issued following the hearing, as required by subsection (6) of this section.

(e) (I) The hearing shall be scheduled to be held as quickly as practicable but not more than sixty days after the day that the request for a hearing is received by the department; except that, if a hearing is rescheduled because of the unavailability of the hearing officer in accordance with subparagraph (II) of this paragraph (e), the hearing may be rescheduled more than sixty days after the day that the request for the hearing is received by the department, and the department shall continue any temporary driving privileges held by the respondent until the date that such hearing is rescheduled. The department shall provide a written notice of the time and place of the hearing to the respondent in the manner provided in section 42-2-119 (2) at least ten days prior to the scheduled or rescheduled hearing, unless the parties agree to waive this requirement. Notwithstanding the provisions of section 42-2-119, the last-known address of the respondent for purposes of notice for any hearing pursuant to this section shall be the address stated on the hearing request form.

(II) If a hearing officer cannot appear at any original or rescheduled hearing because of medical reasons, another administrative hearing, or any other legitimate just cause, such hearing officer or the department may reschedule the hearing at the earliest possible time when the hearing officer will be available.

(f) If a hearing is held pursuant to this subsection (7), the department shall review the matter and make a final determination on the basis of the documents and affidavit submitted to the department pursuant to subsections (2) and (3) of this section. The law enforcement officer who submitted the affidavit need not be present at the hearing. The department shall consider all other relevant evidence at the hearing, including the reports of law enforcement officers that are submitted to the department. The reports of law enforcement officers shall not be required to be made under oath, but such reports shall identify the officers making the reports. The department may consider evidence contained in affidavits from persons other than the respondent, so long as such affidavits include the affiant’s home or work address and telephone number and are dated, signed, and sworn to by the affiant under penalty of perjury. The affidavit need not be notarized or sworn to before any other person. The respondent must present evidence in person.

(8) (a) The hearing shall be held in the district office of the department closest to the residence of the driver; except that all or part of the hearing may, at the discretion of the department, be conducted in real time, by telephone or other electronic means in accordance with section 42-1-218.5. The person requesting the hearing may be referred to as the respondent.

(b) The presiding hearing officer shall be the executive director of the department or an authorized representative designated by the executive director. The presiding hearing officer shall have authority to administer oaths and affirmations; to consider the affidavit of the law enforcement officer filing such affidavit as specified in subsection (3) of this section; to consider other law enforcement officers’ reports that are submitted to the department, which reports need not be under oath but shall identify the officers making the reports; to examine and consider documents and copies of documents containing relevant evidence; to consider other affidavits that are dated, signed, and sworn to by the affiant under penalty of perjury, which affidavits need not be notarized or sworn to before any other person but shall contain the affiant’s home or work address and telephone number; to take judicial notice as defined by rule 201 of article II of the Colorado rules of evidence, subject to the provisions of section 24-4-105 (8), C.R.S., which shall include judicial notice of general, technical, or scientific facts within the hearing officer’s knowledge; to compel witnesses to testify or produce books, records, or other evidence; to examine witnesses and take testimony; to receive and consider any relevant evidence necessary to properly perform the hearing officer’s duties as required by this section; to issue subpoenas duces tecum to produce books, documents, records, or other evidence; to issue subpoenas for the attendance of witnesses; to take depositions, or cause depositions or interrogatories to be taken; to regulate the course and conduct of the hearing; and to make a final ruling on the issues.

(c) (I) When a license is suspended under paragraph (a) of subsection (2) of this section, the sole issue at the hearing shall be whether by a preponderance of the evidence the person drove a vehicle in this state without having in force a complying policy or certificate of self-insurance as required by sections 10-4-619 and 10-4-624, C.R.S. If the presiding hearing officer finds the affirmative of the issue, the suspension order shall be sustained. If the presiding hearing officer finds the negative of the issue, the suspension order shall be rescinded.

(II) Under no circumstances shall the presiding hearing officer consider any issue not specified in this paragraph (c).

(d) The hearing shall be recorded. The decision of the presiding hearing officer shall be rendered in writing, and a copy shall be provided to the person who requested the hearing.

(e) If the person who requested the hearing fails to appear without just cause, the right to a hearing shall be waived, and the determination of the department which is based upon the documents and affidavit required in subsections (2) and (3) of this section shall become final.

(9) (a) Within thirty-five days of the issuance of the final determination of the department under this section, a person aggrieved by the determination has the right to file a petition for judicial review in the district court in the county of the person’s residence.

(b) The review shall be on the record without taking additional testimony. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination which is unsupported by the evidence in the record, the court may reverse the department’s determination.

(c) The filing of a petition for judicial review shall not result in an automatic stay of the suspension order. The court may grant a stay of the order only upon motion and hearing and upon a finding that there is a reasonable probability that the petitioner will prevail upon the merits and that the petitioner will suffer irreparable harm if the order is not stayed.

(10) The “State Administrative Procedure Act”, article 4 of title 24, C.R.S., shall apply to this section to the extent it is consistent with subsections (7), (8), and (9) of this section relating to administrative hearings and judicial review.

(11) This section shall take effect when the motorist insurance identification database, created in section 42-7-604, has been developed and is operational, but not later than January 1, 1999.

Colorado statutes regarding traffic violations provide for the suspension of a driver’s license upon an individual leaving the scene of a serious traffic accident. These are typically accidents whereby a person leaves the scene after causing serious injuries or death to another person.

42-2-127.9. Authority to suspend driver’s license – leaving the scene of an accident.

(1) (a) The department may suspend the driver’s license of any person upon the department’s determination that there is proof by a preponderance of the evidence that the person was the driver of a vehicle directly involved in an accident resulting in serious bodily injury to or death of any person and failed to immediately stop the vehicle at the scene of the accident, or as close to the scene as possible, or immediately return to the scene of the accident, as required by section 42-4-1601.

(b) The department shall make a determination of the facts on the basis of the documents and affidavit of an officer as specified in subsection (2) of this section, and this determination shall be final unless a hearing is requested and held as provided in subsections (6) and (7) of this section.

(I) “License” includes any driving privilege.

(II) “Officer” means a law enforcement officer.

(2) Whenever an officer determines that a person has violated section 42-4-1601, the officer making the determination shall forward to the department an affidavit that includes a statement of the officer’s probable cause that the person committed the violation and a copy of the citation and complaint, if any, filed with the court. The affidavit shall be dated, signed, and sworn to by the officer under penalty of perjury, but need not be notarized or sworn to before any other person.

(3) (a) Upon receipt by the department of the affidavit of the officer and the relevant documents required by subsection (2) of this section, the department shall make the determination described in subsection (1) of this section based upon the information contained in the affidavit and the relevant documents. If the department determines that the person is subject to license suspension, the department may issue a notice of suspension if such notice has not already been served upon the person by the officer in accordance with subsection (4) of this section.

(b) The department shall mail the notice of suspension in accordance with section 42-2-119 (2) to the person at the last-known address shown on the department’s records, if any, and to any address provided in the officer’s affidavit if that address differs from the address of record. The notice is deemed received three days after mailing.

(c) The notice of suspension must clearly specify the reason and statutory grounds for the suspension, the effective date of the suspension, the right of the person to request a hearing, the procedure for requesting a hearing, and the date by which that request for a hearing must be made.

(d) If the department determines that the person is not subject to license suspension:

(I) The department shall notify the person of its determination and shall rescind any order of suspension served upon the person by the officer;

(II) If the person’s license was confiscated by an officer under subsection (4) of this section, the person may obtain the license by the payment of a fee to the department pursuant to subsection (5)(b) of this section. The department shall determine the fee in accordance with section 42-2-114.5.

(4) (a) If an officer determines that a person has violated section 42-4-1601, the officer, acting on behalf of the department, may serve the notice of suspension personally on the person. If the law enforcement officer serves the notice of suspension, the officer shall confiscate any driver’s license issued by this state or any other state that is held by the person. When the officer takes possession of a valid license, the officer, acting on behalf of the department, shall issue a temporary permit that is valid for seven days after its date of issuance.

(b) The officer shall forward a copy of the completed notice of suspension form, a copy of any completed temporary permit form, and any driver’s, minor driver’s, or temporary driver’s license or any instruction permit taken into possession under this section along with the affidavit and documents required in subsections (1) and (2) of this section.

(c) The department shall provide forms for notice of suspension and for temporary permits to law enforcement agencies. The department shall establish a format for the affidavits required by this section and shall give notice of such format to all law enforcement agencies that submit affidavits to the department. Law enforcement agencies shall follow the format determined by the department.

(d) A temporary permit shall not be issued to any person who is already driving with a temporary permit issued pursuant to subsection (4)(a) of this section.

(5) (a) A license suspension is effective seven days after the subject person has received the notice of suspension as provided in subsection (4) of this section or is deemed to have received the notice of suspension by mail as provided in subsection (3) of this section. If a written request for a hearing is received by the department within that same seven-day period, the effective date of the suspension is stayed until a final order is issued following the hearing; except that any delay in the hearing that is caused or requested by the subject person or counsel representing that person shall not result in a stay of the suspension during the period of delay.

(b) The period of license suspension under subsection (1)(a) of this section is one year. After the suspension period is complete, the person may have his or her driver’s license restored by paying the required restoration fee pursuant to section 42-2-132 (4).

(6) (a) Any person who has received a notice of suspension may make a written request for a review of the department’s determination at a hearing. The request may be made on a form available at each office of the department. A person who has received a notice of suspension may also request a hearing for a probationary license issued in accordance with subsection (9) of this section.

(b) The request for a hearing must be made in writing within seven days after the day the person received the notice of suspension as provided in subsection (4) of this section or is deemed to have received the notice by mail as provided in subsection (3) of this section. If written request for a hearing is not received within the seven-day period, the right to a hearing is waived, and the determination of the department that is based upon the documents and affidavit required by subsections (1) and (2) of this section becomes final.

(c) At the time that a person requests a hearing, the department shall provide to the person written notice advising the person:

(I) Of the right to subpoena the law enforcement officer for the hearing and that the subpoena must be served upon the law enforcement officer at least five calendar days prior to the hearing;

(II) Of the person’s right to notify the department in writing that the person desires the law enforcement officer’s presence at the hearing and that, upon receiving the notification, the department shall issue a written notice for the law enforcement officer to appear at the hearing;

(III) That, if the law enforcement officer is not required to appear at the hearing, documents and an affidavit prepared and submitted by the law enforcement officer will be used at the hearing; and

(IV) That the affidavit and documents submitted by the law enforcement officer may be reviewed by the person prior to the hearing.

(d) If a written request for a hearing is made after expiration of the seven-day period and is accompanied by the person’s verified statement explaining the failure to make a timely request for a hearing, the department shall receive and consider the request. If the department finds that the person was unable to make a timely request due to lack of actual notice of the suspension, factors of physical incapacity such as hospitalization, or incarceration, the department shall waive the period of limitation, reopen the matter, and grant the hearing request. In such case, a stay of the suspension pending issuance of the final order following the hearing shall not be granted.

(e) (I) The hearing shall be scheduled to be held as soon as practicable but not more than sixty days after the day that the request for a hearing is received by the department; except that, if a hearing is rescheduled because of the unavailability of a hearing officer in accordance with subsection (6)(e)(II) of this section, the hearing may be rescheduled more than sixty days after the day that the request for the hearing is received by the department, and the department shall continue any temporary driving privileges held by the person who requested the hearing until the date that such hearing is rescheduled. The department shall provide a written notice of the time and place of the hearing to the person who requested the hearing in the manner provided in section 42-2-119 (2) at least ten days before the scheduled or rescheduled hearing unless the parties agree to waive this requirement. Notwithstanding section 42-2-119, the last-known address of the person who requested the hearing for purposes of notice for any hearing pursuant to this section is the address stated on the hearing request form.

(II) If a hearing officer cannot appear at any original or rescheduled hearing because of medical reasons, a conflicting obligation to conduct another administrative hearing, or any other legitimate just cause, the hearing officer or the department may reschedule the hearing at the earliest possible time when the hearing officer will be available.

(f) If a hearing is held pursuant to this subsection (6), the department shall review the matter and make a final determination on the basis of the documents and affidavit submitted to the department pursuant to subsections (1) and (2) of this section. The officer who submitted the affidavit need not be present at the hearing unless requested in accordance with subsection (6)(c) of this section. The department shall consider all other relevant evidence at the hearing, including the reports of other officers that are submitted to the department. The reports of other officers are not required to be made under oath, but each such report must identify the officer making the report. The department may consider evidence contained in affidavits from persons other than the person requesting the hearing, so long as each such affidavit includes the affiant’s home or work address and telephone number and is dated, signed, and sworn to by the affiant under penalty of perjury. The affidavit need not be notarized or sworn to before any other person. The person requesting the hearing must present evidence in person.

(7) (a) The hearing shall be held in the district office of the department closest to the residence of the person; except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means, in real time, in accordance with section 42-1-218.5.

(b) The presiding hearing officer shall be the executive director of the department or an authorized representative designated by the executive director. The presiding hearing officer may administer oaths and affirmations; consider the affidavit of the officer filing such affidavit as specified in subsection (2) of this section; consider other officers’ reports submitted to the department pursuant to subsection (6)(f) of this section; examine and consider documents and copies of documents containing relevant evidence; consider other affidavits submitted pursuant to subsection (6)(f) of this section; take judicial notice as defined by rule 201 of article II of the Colorado rules of evidence, subject to section 24-4-105 (8), including judicial notice of general, technical, or scientific facts within the hearing officer’s knowledge; compel witnesses to testify or produce books, records, or other evidence; examine witnesses and take testimony; receive and consider any relevant evidence necessary to properly perform the hearing officer’s duties as required by this section; issue subpoenas duces tecum to produce books, documents, records, or other evidence; issue subpoenas for the attendance of witnesses; take depositions, or cause depositions or interrogatories to be taken; regulate the course and conduct of the hearing; and make a final ruling on the issues.

(c) (I) When a license is suspended under subsection (1)(a) of this section, the sole issue at the hearing shall be whether, based on a preponderance of the evidence, the person was the driver of a vehicle directly involved in an accident resulting in serious bodily injury to or death of any person and failed to immediately stop the vehicle at the scene of the accident, or as close to the scene as possible, or immediately return to the scene of the accident as required by section 42-4-1601. If the presiding hearing officer finds in the affirmative on that issue, the suspension order shall be sustained and the presiding hearing officer shall then consider whether or not to issue a probationary license in accordance with subsection (9) of this section. If the presiding hearing officer finds in the negative on that issue, the suspension order shall be rescinded.

(II) The presiding hearing officer shall not consider any issue not specified in this subsection (7)(c).

(d) The hearing shall be recorded. The presiding hearing officer shall render an opinion in writing, and a copy shall be provided to the person who requested the hearing.

(e) If the person who requested the hearing fails to appear without just cause, the right to a hearing is waived, and the determination of the department based upon the documents and affidavit required in subsections (1) and (2) of this section is final.

(8) (a) Within thirty-five days after the issuance of the final determination of the department under this section, a person aggrieved by the determination has the right to file a petition for judicial review in the district court in the county of the person’s residence.

(b) Judicial review shall be based on the record without taking additional testimony. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination that is unsupported by the evidence in the record, the court may reverse the department’s determination.

(c) The filing of a petition for judicial review does not result in an automatic stay of the suspension order. The court may grant a stay of the order only upon motion and hearing and upon a finding that there is a reasonable probability that the person will prevail on the merits and that the person will suffer irreparable harm if the order is not stayed.

(9) A presiding hearing officer may issue a probationary license for a period not to exceed the period of suspension for the purpose of driving for reasons of employment, education, health, or other necessities as determined by the presiding hearing officer, which license may contain such restrictions as the department deems reasonable and necessary and which may thereafter be subject to cancellation as a result of any violation of the restrictions imposed therein. The presiding hearing officer may refuse to issue a probationary license if the department finds that aggravating circumstances exist to indicate the individual is unsafe for driving for any purpose. In refusing to issue a probationary license, the department shall make specific findings of fact to support such refusal. Such aggravating circumstances must be matters other than the facts and circumstances of the case giving rise to suspension under this section.

(10) The “State Administrative Procedure Act”, article 4 of title 24, applies to this section to the extent it is consistent with subsections (6), (7), and (8) of this section relating to administrative hearings and judicial review.

42-2-128. Vehicular homicide – revocation of license.

The department shall revoke the driver’s license of any person convicted of vehicular homicide, including the driver’s license of any juvenile who has been adjudicated a delinquent upon conduct which would establish the crime of vehicular homicide if committed by an adult.

42-2-129. Mandatory surrender of license or permit for driving under the influence or with excessive alcoholic content.

Upon a plea of guilty or nolo contendere, or a verdict of guilty by the court or a jury, to DUI or DUI per se, or, for a person under twenty-one years of age, to DUI, DUI per se, DWAI, or UDD, the court shall require the offender to immediately surrender the offender’s driver’s, minor driver’s, or temporary driver’s license or instruction permit to the court. The court shall forward to the department a notice of plea or verdict, on the form prescribed by the department, together with the offender’s license or permit, not later than ten days after the surrender of the license or permit. Any person who does not immediately surrender the license or permit to the court, except for good cause shown, commits a class 2 misdemeanor traffic offense.

42-2-130. Mandatory surrender of license or permit for drug convictions. (Repealed.)

42-2-131. Revocation of license or permit for failing to comply with a court order relating to nondriving alcohol convictions.

Upon a plea of guilty or nolo contendere or a verdict of guilty by the court or a jury to an offense under section 12-47-901 (1)(b) or (1)(c) or 18-13-122 (3), C.R.S., or any counterpart municipal charter or ordinance offense to such section and upon a failure to complete an alcohol evaluation or assessment, an alcohol education program, or an alcohol treatment program ordered by the court in connection with such plea or verdict, the court shall forward to the department a notice of plea or verdict or such failure to complete on the form prescribed by the department. Any revocation pursuant to section 42-2-125 (1)(m) shall begin when the department gives notice of the revocation to the person in accordance with section 42-2-119 (2).

42-2-131.5. Revocation of license or permit for convictions involving defacing property. (Repealed)

The period of suspension or revocation of a driver’s license, for stated violations, are set forth in Colorado statutes. The periods can range from a couple months to, in the case of a person being determined to be a habitual traffic offender, five years.

42-2-132. Period of suspension or revocation.

(1) The department shall not suspend a driver’s or minor driver’s license to drive a motor vehicle on the public highways for a period of more than one year, except as permitted under section 42-2-138 and except for noncompliance with the provisions of subsection (4) of this section or section 42-7-406, or both.

(2) (a) (I) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked is not entitled to apply for a probationary license, and, except as provided in sections 42-2-125, 42-2-126, 42-2-132.5, 42-2-138, 42-2-205, and 42-7-406, the person is not entitled to make application for a new license until the expiration of one year from the effective date of the revocation; then the person may make application for a new license as provided by law.

(II) (A) Following the period of revocation set forth in this subsection (2), the department shall not issue a new license unless and until it is satisfied that the person has demonstrated knowledge of the laws and driving ability through the appropriate motor vehicle testing process, and that the person whose license was revoked pursuant to section 42-2-125 for a second or subsequent alcohol- or drug-related driving offense has completed not less than a level II alcohol and drug education and treatment program certified by the office of behavioral health in the department of human services pursuant to section 42-4-1301.3.

(B) If the person was in violation of section 42-2-126 (3)(a) and the person had a BAC that was 0.15 or more at the time of driving or within two hours after driving, or if the person’s driving record otherwise indicates a designation as a persistent drunk driver as defined in section 42-1-102 (68.5), the department shall require the person to complete a level II alcohol and drug education and treatment program certified by the office of behavioral health in the department of human services pursuant to section 42-4-1301.3, and, upon the restoration of driving privileges, shall require the person to hold a restricted license requiring the use of an ignition interlock device pursuant to section 42-2-132.5 (1)(a)(II).

(C) If a person seeking reinstatement has not completed the required level II alcohol and drug education and treatment program, the person shall file with the department proof of current enrollment in a level II alcohol and drug education and treatment program certified by the office of behavioral health in the department of human services pursuant to section 42-4-1301.3, on a form approved by the department.

(III) In the case of a minor driver whose license has been revoked as a result of one conviction for DUI, DUI per se, DWAI, or UDD, the minor driver, unless otherwise required after an evaluation made pursuant to section 42-4-1301.3, must complete a level I alcohol and drug education program certified by the office of behavioral health in the department of human services.

(IV) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked under section 42-2-125 (1)(g)(I) or (1)(i) or 42-2-203 where the revocation was due in part to a DUI, DUI per se, or DWAI conviction shall be required to present an affidavit stating that the person has obtained at the person’s own expense a signed lease agreement for the installation and use of an approved ignition interlock device, as defined in section 42-2-132.5 (9)(a), in each motor vehicle on which the person’s name appears on the registration and any other vehicle that the person may drive during the period of the interlock-restricted license.

(V) The department shall take into consideration any probationary terms imposed on such person by any court in determining whether any revocation shall be continued.

(b) Repealed.

(c) A person whose driving privilege is restored prior to a hearing on the merits of any driving restraint waives the person’s right to a hearing on the merits of the driving restraint.

(3) Any person making false application for a new license before the expiration of the period of suspension or revocation commits a class 2 misdemeanor traffic offense. The department shall notify the district attorney’s office in the county where such violation occurred, in writing, of all violations of this section.

(4) (a) (I) Any person whose license or other privilege to operate a motor vehicle in this state has been suspended, cancelled, or revoked, pursuant to either this article or article 4 or 7 of this title, shall pay a restoration fee of ninety-five dollars to the executive director of the department prior to the issuance to the person of a new license or the restoration of the license or privilege.

(II) Notwithstanding the amount specified for the fee in subparagraph (I) of this paragraph (a), the executive director of the department by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.

(b) The department shall transmit the restoration fees collected under this subsection (4) to the state treasurer, who shall credit:

(I) (A) Seventy-three dollars to the driver’s license administrative revocation account in the highway users tax fund, which account is hereby created and referred to in this subparagraph (I) as the “account”.

(B) The moneys in the account shall be subject to annual appropriation by the general assembly for the direct and indirect costs incurred by the department in the administration of driver’s license restraints pursuant to either this article or article 4 or article 7 of this title, including, but not limited to, the direct and indirect costs of providing administrative hearings under this title, without the use of moneys from the general fund. At the end of each fiscal year, any unexpended and unencumbered moneys remaining in the account shall be transferred out of the account, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(c), C.R.S.; and

(II) (A) Twenty-two dollars to the first time drunk driving offender account in the highway users tax fund, which account is hereby created and referred to in this subparagraph (II) as the “account”.

(B) The moneys in the account shall be subject to annual appropriation by the general assembly on and after January 1, 2009, first to the department of revenue to pay its costs associated with the implementation of House Bill 08-1194, as enacted in 2008, and to pay its costs associated with the implementation of House Bill 13-1240, enacted in 2013; second, to the department of revenue to pay a portion of the costs for an ignition interlock device as described by section 42-2-132.5 (4)(a)(II)(C) for a first time drunk driving offender who is unable to pay the costs of the device; third, to the department of revenue to pay a portion of the costs for an ignition interlock device for a persistent drunk driver who is unable to pay the costs of the device and who installs the ignition interlock device on his or her vehicle on or after January 1, 2014; and then to provide two million dollars to the department of transportation for high visibility drunk driving enforcement pursuant to section 43-4-901, C.R.S. Any moneys in the account not expended for these purposes may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the account shall be credited to the account. At the end of each fiscal year, any unexpended and unencumbered moneys remaining in the account shall remain in the account and shall not be credited or transferred to the general fund, the highway users tax fund, or another fund.

42-2-132.5. Mandatory and voluntary restricted licenses following alcohol convictions – rules. (1) Persons required to hold an interlock-restricted license.

(a) The following persons shall hold an interlock-restricted license pursuant to this section for at least one year following reinstatement prior to being eligible to obtain any other driver’s license issued under this article:

(I) A person whose license has been revoked for excess BAC pursuant to the provisions of section 42-2-126 when the person’s BAC was 0.15 or more at the time of driving or within two hours after driving or whose driving record otherwise indicates a designation of persistent drunk driver as defined in section 42-1-102 (68.5);

(II) A person whose privilege to drive was revoked as an habitual offender under section 42-2-203 in which the revocation was due in part to a DUI, DUI per se, or DWAI conviction; or

(III) A person whose privilege to drive was revoked for interlock circumvention pursuant to paragraph (a) or (b) of subsection (7) of this section.

(b) A person whose privilege to drive was revoked for multiple convictions for any combination of a DUI, DUI per se, or DWAI pursuant to section 42-2-125 (1)(g)(I) or (1)(i) shall hold an interlock-restricted license pursuant to this section for at least two years, but not more than five years, following reinstatement prior to being eligible to obtain any other driver’s license issued under this article.

(2) Posting the interlock restriction to driving record prior to reinstatement of driving privileges.As soon as a person meets the conditions of subsection (1) of this section, the department shall note on the driving record of a person required to hold an interlock-restricted license under this section that the person is required to have an approved ignition interlock device. A person whose driving record contains the notation required by this subsection (2) shall not operate a motor vehicle without an approved ignition interlock device until the restriction is removed pursuant to this section.

(3) Minimum interlock restriction requirement for persistent drunk drivers.A person required to hold an interlock-restricted license pursuant to this section who is a persistent drunk driver as defined in section 42-1-102 (68.5), based on an offense that occurred on or after July 1, 2004, shall be required to hold the interlock-restricted license for at least two years following reinstatement before being eligible to obtain any other driver’s license issued under this article.

(4) Persons who may acquire an interlock-restricted license prior to serving a full-term revocation.(a) (I) A person whose privilege to drive has been revoked for one year or more because of a DUI, DUI per se, or DWAI conviction or has been revoked for one year or more for excess BAC under any provision of section 42-2-126 may apply for an early reinstatement with an interlock-restricted license under the provisions of this section after the person’s privilege to drive has been revoked for one month; except that a person who is less than twenty-one years of age at the time of the offense may not apply for early reinstatement until his or her license has been revoked for one year. A person whose privilege to drive has been revoked for one year or more because of a refusal may apply for an early reinstatement with an interlock-restricted license under the provisions of this section after the person’s privilege to drive has been revoked for two months; except that a person who is less than twenty-one years of age at the time of the offense may not apply for early reinstatement until his or her license has been revoked for one year. Except for first-time offenders as provided in subparagraph (II) of this paragraph (a) or for persistent drunk drivers as provided in subsection (3) of this section, the restrictions imposed pursuant to this section shall remain in effect for the longer of one year or the total time period remaining on the license restraint prior to early reinstatement.

(II) (A) First-time offender eligibility.For revocations for convictions for DUI or DUI per se under section 42-2-125 (1)(b.5) or for excess BAC 0.08 under section 42-2-126 (3)(a)(I) for a first violation that requires only a nine-month revocation, a person twenty-one years of age or older at the time of the offense may apply for an early reinstatement with an interlock-restricted license under the provisions of this section after the person’s privilege to drive has been revoked for at least one month. Except as provided in subsection (3) of this section and sub-subparagraph (B) of this subparagraph (II), the restrictions imposed pursuant to this subparagraph (II) shall remain in effect for at least eight months.

(B) First-time offender interlock removal.A person with an interlock-restricted license issued pursuant to sub-subparagraph (A) of this subparagraph (II) shall be eligible for a license without the restriction required by this section if the department’s monthly monitoring reports required in subsection (6) of this section show that, for four consecutive monthly reporting periods, the approved ignition interlock device did not interrupt or prevent the normal operation of the motor vehicle due to an excessive breath alcohol content or did not detect that there has been tampering with the device, there have been no other reports of circumvention or tampering, and there are no grounds to extend the restriction pursuant to paragraph (d) of subsection (7) of this section. If the department determines that a person is eligible for a license without the restriction required by this section pursuant to this sub-subparagraph (B), the department shall serve upon the person a notice of such eligibility. A person who has not been served but who believes he or she is eligible for a license without the restriction required by this section pursuant to this sub-subparagraph (B) may request a hearing on his or her eligibility. The provisions of this sub-subparagraph (B) do not apply to a person covered by subsection (3) of this section.

(C) Financial assistance for first-time offenders and persistent drunk drivers.The department shall establish a program to assist persons who apply for an interlock-restricted license pursuant to this subparagraph (II) or pursuant to subparagraph (I) of paragraph (a) of this subsection (4) and who are unable to pay the full cost of an approved ignition interlock device. The program shall be funded from the first time drunk driving offender account in the highway users tax fund established pursuant to section 42-2-132 (4)(b)(II).

(b) Early reinstatement eligibility requirement.(I) To be eligible for early reinstatement with an interlock-restricted license pursuant to this subsection (4), a person shall have satisfied all conditions for reinstatement imposed by law including time periods for non-alcohol-related restraints; except that a person whose license was also restrained for driving under restraint pursuant to section 42-2-138 may be eligible for early reinstatement under this section so long as the restraint was caused in part by driving activity occurring after an alcohol-related offense and the length of any license restriction under this section includes the period of restraint under section 42-2-138.

(II) Before being eligible for early reinstatement with an interlock-restricted license under this section, a person shall provide proof of financial responsibility to the department pursuant to the requirements of the “Motor Vehicle Financial Responsibility Act”, article 7 of this title. The person shall maintain such proof of financial responsibility with the department for the longer of three years or the period that the person’s license is restricted under this section; except that, for an offender subject to section 42-7-408 (1)(c)(I), the period of time that the person must maintain such proof of financial responsibility is the period of time that the person’s license is restricted under this section.

(c) In order to be eligible for early reinstatement pursuant to this subsection (4), a person who has been designated an habitual offender under the provisions of section 42-2-202 must have at least one conviction for DUI, DUI per se, or DWAI under section 42-4-1301 and no contributing violations other than violations for driving under restraint under section 42-2-138 or reckless driving under section 42-4-1401.

(5) Requirements for issuing the interlock-restricted license.(a) The department may issue an interlock-restricted license under this section if the department receives from a person described in this section an affidavit stating that the person has obtained:

(I) A signed lease agreement for the installation and use of an approved ignition interlock device in each motor vehicle on which the person’s name appears on the registration and any other vehicle that the person may drive during the period of the interlock-restricted license; and

(II) The written consent of all other owners, if any, of each motor vehicle in which the approved ignition interlock device is installed.

(b) (I) Notwithstanding the requirements of paragraph (a) of this subsection (5), the department may issue an interlock-restricted license to any person not seeking early reinstatement but who is required to hold an interlock-restricted license pursuant to subsection (1) of this section who is not the registered owner or co-owner of a motor vehicle if the person submits an affidavit stating that the person is not the owner or co-owner of a motor vehicle and has no access to a motor vehicle in which to install an approved ignition interlock device.

(II) If a person holding an interlock-restricted license issued pursuant to this paragraph (b) becomes an owner or co-owner of a motor vehicle or otherwise has access to a motor vehicle in which an approved ignition interlock device may be installed, he or she shall enter into a lease agreement for the installation and use of an approved ignition interlock device on the vehicle for a period equal to the remaining period of the interlock-restricted license and submit the affidavit described in paragraph (a) of this subsection (5).

(c) The terms of the interlock-restricted license shall prohibit the person from driving a motor vehicle other than a vehicle in which an approved ignition interlock device is installed.

(d) The department shall not issue a license under this section that authorizes the operation of a commercial motor vehicle as defined in section 42-2-402 (4) during the restriction required by this section.

(6) Interlock monitoring device – reports.The leasing agency for any approved ignition interlock device shall provide monthly monitoring reports for the device to the department to monitor compliance with the provisions of this section. The leasing agency shall check the device at least once every sixty days to ensure that the device is operating and that there has been no tampering with the device. If the leasing agency detects that there has been tampering with the device, the leasing agency shall notify the department of that fact within five days of the detection.

(7) Licensing sanctions for violating the interlock restrictions.(a) Due to circumvention – conviction.Upon receipt of notice of a conviction under subsection (10) of this section, the department shall revoke any interlock-restricted license issued to the convicted person pursuant to this section. The department shall not reinstate the interlock-restricted license for a period of one year or the remaining period of license restraint imposed prior to the issuance of an interlock-restricted license pursuant to this section, whichever is longer. A person is entitled to a hearing on the question of whether the revocation is sustained and the calculation of the length of the ineligibility.

(b) Due to circumvention – administrative record.Upon receipt of an administrative record other than a notice of a conviction described in paragraph (a) of this subsection (7) establishing that a person who is subject to the restrictions of this section has operated a motor vehicle without an approved ignition interlock device or has circumvented or attempted to circumvent the proper use of an approved ignition interlock device, the department may revoke any license issued to the person pursuant to this section and not reinstate the license for a period of one year or the remaining period of license restraint imposed prior to the issuance of an interlock-restricted license pursuant to this section, whichever is longer. A person is entitled to a hearing on the question of whether the license should be revoked and the calculation of the length of the ineligibility.

(c) Due to a lease violation.If a lease for an approved ignition interlock device is terminated for any reason before the period of the interlock restriction expires and the licensee provides no other such lease, the department shall notify the licensee that the department shall suspend the license until the licensee enters into a new signed lease agreement for the remaining period of the interlock restriction.

(d) Extending the interlock license restriction.If the monthly monitoring reports required by subsection (6) of this section show that the approved ignition interlock device interrupted or prevented the normal operation of the vehicle due to excessive breath alcohol content in three of any twelve consecutive reporting periods, the department shall extend the interlock restriction on the person’s license for an additional twelve months after the expiration of the existing interlock restriction. The department shall notify the person that the ignition interlock restriction is being extended and that his or her license shall be suspended unless the person enters into a new signed lease agreement for the use of an approved ignition interlock device for the extended period. The person is entitled to a hearing on the extension of the restriction. Based upon findings at the hearing, including aggravating and mitigating factors, the hearing officer may sustain the extension, rescind the extension, or reduce the period of extension.

(8) Rules. The department may promulgate rules to implement the provisions of this section.

(9) Approved ignition interlock device definition – rules.(a) For the purposes of this section, “approved ignition interlock device” means a device approved by the department of public health and environment that is installed in a motor vehicle and that measures the breath alcohol content of the driver before a vehicle is started and that periodically requires additional breath samples during vehicle operation. The device may not allow a motor vehicle to be started or to continue normal operation if the device measures an alcohol level above the level established by the department of public health and environment.

(b) The state board of health may promulgate rules to implement the provisions of this subsection (9) concerning approved ignition interlock devices.

(10) Operating vehicle after circumventing interlock device.(a) A person whose privilege to drive is restricted to the operation of a motor vehicle equipped with an approved ignition interlock device and who operates a motor vehicle other than a motor vehicle equipped with an approved ignition interlock device or who circumvents or attempts to circumvent the proper use of an approved ignition interlock device commits a class 1 traffic misdemeanor.

(b) If a peace officer issues a citation pursuant to paragraph (a) of this subsection (10), the peace officer shall immediately confiscate the offending driver’s license, shall file an incident report on a form provided by the department, and shall not permit the driver to continue to operate the motor vehicle.

(c) A court shall not accept a plea of guilty to another offense from a person charged with a violation of paragraph (a) of this subsection (10); except that the court may accept a plea of guilty to another offense upon a good-faith representation by the prosecuting attorney that the attorney could not establish a prima facie case if the defendant were brought to trial on the offense.

(11) Tampering with an approved ignition interlock device.(a) A person shall not intercept, bypass, or interfere with or aid any other person in intercepting, bypassing, or interfering with an approved ignition interlock device for the purpose of preventing or hindering the lawful operation or purpose of the approved ignition interlock device required under this section.

(b) A person whose privilege to drive is restricted to the operation of a motor vehicle equipped with an approved ignition interlock device shall not drive a motor vehicle in which an approved ignition interlock device is installed pursuant to this section if the person knows that any person has intercepted, bypassed, or interfered with the approved ignition interlock device.

(c) A person violating any provision of this subsection (11) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

42-2-133. Surrender and return of license.

(1) The department, upon suspending or revoking a license, shall require that such license be surrendered to the department.

(2) At the end of the period of suspension, the licensee may apply for and receive a replacement license upon payment of a fee. The department shall set the fee in accordance with section 42-2-114.5 (2). The department shall transfer the fee to the state treasurer, who shall credit it to the licensing services cash fund created by section 42-2-114.5 (1).

42-2-134. Foreign license invalid during suspension.

No resident or nonresident whose driver’s license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this article shall operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this article.

42-2-135. Right to appeal.

(1) Every person finally denied a license or identification card, whose identification card has been finally cancelled, or whose license has been finally cancelled, suspended, or revoked by or under the authority of the department may, within thirty-five days thereafter, obtain judicial review in accordance with section 24-4-106, C.R.S.; except that the venue for such judicial review shall be in the county of residence of the person seeking judicial review.

(2) The district attorney of the judicial district in which review is applied for pursuant to this section, upon request of the attorney general, shall represent the department.

42-2-136. Unlawful possession or use of license.

(1) (a) No person shall have in such person’s possession a lawfully issued driver’s, minor driver’s, or temporary driver’s license or instruction permit, knowing that such license or permit has been falsely altered by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or any other means so that such license or permit in its thus altered form falsely appears or purports to be in all respects an authentic and lawfully issued license or permit.

(b) No person shall fraudulently obtain a driver’s, minor driver’s, or temporary driver’s license or an instruction permit.

(2) No person shall have in such person’s possession a paper, document, or other instrument which falsely appears or purports to be in all respects a lawfully issued and authentic driver’s, minor driver’s, or temporary driver’s license or instruction permit, knowing that such instrument was falsely made and was not lawfully issued.

(3) No person shall display or represent as being such person’s own any driver’s, minor driver’s, or temporary driver’s license or any instruction permit which was lawfully issued to another person.

(4) No person shall fail or refuse to surrender to the department upon its lawful demand any driver’s, minor driver’s, or temporary driver’s license or any instruction or temporary permit issued to such person which has been suspended, revoked, or cancelled by the department. The department shall notify the district attorney’s office in the county where such violation occurred, in writing, of all violations of this subsection (4).

(5) No person shall permit any unlawful use of a driver’s license issued to such person.

(5.5) No person shall photograph, photostat, duplicate, or in any way reproduce any driver’s license or facsimile thereof for the purpose of distribution, resale, reuse, or manipulation of the data or images contained in such driver’s license unless authorized by the department or otherwise authorized by law.

(6) (a) Any person who violates any provision of subsections (1) to (5) of this section commits a class 2 misdemeanor traffic offense.

(b) Any person who violates any provision of subsection (5.5) of this section commits a class 3 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501, C.R.S.

42-2-137. False affidavit – penalty.

Any person who makes any false affidavit or knowingly swears or affirms falsely to any matter or thing required by the terms of this part 1 to be sworn to or affirmed commits a class 2 misdemeanor traffic offense. The department shall notify the district attorney’s office in the county where such violations occurred, in writing, of all violations of this section.

Colorado provides redundant penalties for driving under a restraint. A person who drives under restraint is subject to criminal penalties in a Colorado court and, in addition, when determined to have driven under restraint, a person usually has additional time added to that restraint extending the time whereby the person is prohibited from driving.

42-2-138. Driving under restraint – penalty.

(1) (a) Except as provided in subsection (1.5) of this section, any person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person’s license or privilege to drive, either as a resident or a nonresident, is under restraint for any reason other than conviction of DUI, DUI per se, DWAI, or UDD is guilty of a misdemeanor. A court may sentence a person convicted of this misdemeanor to imprisonment in the county jail for a period of not more than six months and may impose a fine of not more than five hundred dollars.

(b) Upon a second or subsequent conviction under paragraph (a) of this subsection (1) within five years after the first conviction thereunder, in addition to any penalty imposed pursuant to said paragraph (a) of this subsection (1), except as may be permitted by section 42-2-132.5, the defendant shall not be eligible to be issued a driver’s or minor driver’s license or extended any driving privilege in this state for a period of three years after such second or subsequent conviction.

(d) (I) A person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person’s license or privilege to drive, either as a resident or nonresident, is restrained under section 42-2-126 (3), is restrained solely or partially because of a conviction of DUI, DUI per se, DWAI, or UDD, or is restrained in another state solely or partially because of an alcohol-related driving offense is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than thirty days nor more than one year and, in the discretion of the court, by a fine of not less than five hundred dollars nor more than one thousand dollars. Upon a second or subsequent conviction, the person shall be punished by imprisonment in the county jail for not less than ninety days nor more than two years and, in the discretion of the court, by a fine of not less than five hundred dollars nor more than three thousand dollars. The minimum county jail sentence imposed by this subparagraph (I) shall be mandatory, and the court shall not grant probation or a suspended sentence thereof; but, in a case where the defendant is convicted although the defendant established that he or she had to drive the motor vehicle in violation of this subparagraph (I) because of an emergency, the mandatory jail sentence, if any, shall not apply, and, for a first conviction, the court may impose a sentence of imprisonment in the county jail for a period of not more than one year and, in the discretion of the court, a fine of not more than one thousand dollars, and, for a second or subsequent conviction, the court may impose a sentence of imprisonment in the county jail for a period of not more than two years and, in the discretion of the court, a fine of not more than three thousand dollars.

(II) In any trial for a violation of subparagraph (I) of this paragraph (d), a duly authenticated copy of the record of the defendant’s former convictions and judgments for DUI, DUI per se, DWAI, or UDD or an alcohol-related offense committed in another state from any court of record or a certified copy of the record of any denial or revocation of the defendant’s driving privilege under section 42-2-126 (3) from the department shall be prima facie evidence of the convictions, judgments, denials, or revocations and may be used in evidence against the defendant. Identification photographs and fingerprints that are part of the record of the former convictions, judgments, denials, or revocations and the defendant’s incarceration after sentencing for any of the former convictions, judgments, denials, or revocations shall be prima facie evidence of the identity of the defendant and may be used in evidence against the defendant.

(e) Upon a second or subsequent conviction under subparagraph (I) of paragraph (d) of this subsection (1) within five years after the first conviction thereunder, in addition to the penalty prescribed in said subparagraph (I), except as may be permitted by section 42-2-132.5, the defendant shall not be eligible to be issued a driver’s or minor driver’s license or extended any driving privilege in this state for a period of four years after such second or subsequent conviction.

(f) Upon a verdict or judgment of guilt for a violation of paragraph (a) or (d) of this subsection (1), the court shall require the offender to immediately surrender his or her driver’s license, minor driver’s license, provisional driver’s license, temporary driver’s license, or instruction permit issued by this state, another state, or a foreign country. The court shall forward to the department a notice of the verdict or judgment of guilt on the form prescribed by the department, together with the offender’s surrendered license or permit. Any person who violates the provisions of this paragraph (f) by failing to surrender his or her license or permit to the court commits a class 2 misdemeanor traffic offense.

(1.5) Any person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person’s license or privilege to drive, either as a resident or a nonresident, is under restraint for an outstanding judgment is guilty of a class A traffic infraction as defined in section 42-4-1701 (3).

(2) (a) In a prosecution for a violation of this section, the fact of the restraint may be established by certification that a notice was mailed by first-class mail pursuant to section 42-2-119 (2) to the last-known address of the defendant, or by the delivery of such notice to the last-known address of the defendant, or by personal service of such notice upon the defendant.

(b) In a prosecution for a violation of this section, the fact of restraint in another state may be established by certification that notice was given in compliance with such state’s law.

(2.5) A municipality may enforce violations of subsection (1.5) of this section in municipal court. A municipal court shall not waive or reduce the three-point penalty.

(3) The department, upon receiving a record of conviction or accident report of any person for an offense committed while operating a motor vehicle, shall immediately examine its files to determine if the license or operating privilege of such person has been restrained. If it appears that said offense was committed while the license or operating privilege of such person was restrained for a reason other than an outstanding judgment, except as permitted by section 42-2-132.5, the department shall not issue a new license or grant any driving privileges for an additional period of one year after the date such person would otherwise have been entitled to apply for a new license or for reinstatement of a suspended license and shall notify the district attorney in the county where such violation occurred and request prosecution of such person under subsection (1) of this section.

(4) For purposes of this section, the following definitions shall apply:

(a) “Knowledge” means actual knowledge of any restraint from whatever source or knowledge of circumstances sufficient to cause a reasonable person to be aware that such person’s license or privilege to drive was under restraint. “Knowledge” does not mean knowledge of a particular restraint or knowledge of the duration of restraint.

(b) “Restraint” or “restrained” means any denial, revocation, or suspension of a person’s license or privilege to drive a motor vehicle in this state or another state.

(5) It shall be an affirmative defense to a violation of this section, based upon a restraint in another state, that the driver possessed a valid driver’s license issued subsequent to the restraint that is the basis of the violation.

42-2-139. Permitting unauthorized minor to drive.

(1) No parent or guardian shall cause or knowingly permit his or her child or ward under the age of eighteen years to drive a motor vehicle upon any highway when such minor has not been issued a currently valid minor driver’s license or instruction permit or shall cause or knowingly permit such child or ward to drive a motor vehicle upon any highway in violation of the conditions, limitations, or restrictions contained in a license or permit which has been issued to such child or ward.

(2) Any person who violates any provision of this section commits a class B traffic infraction.

42-2-140. Permitting unauthorized person to drive.

(1) No person shall authorize or knowingly permit a motor vehicle owned by such person or under such person’s hire or control to be driven upon any highway by any person who has not been issued a currently valid driver’s or minor driver’s license or an instruction permit or shall cause or knowingly permit such person to drive a motor vehicle upon any highway in violation of the conditions, limitations, or restrictions contained in a license or permit which has been issued to such other person.

(2) Any person who violates any provision of this section commits a class B traffic infraction.

42-2-141. Renting or loaning a motor vehicle to another.

(1) Except as provided in subsection (4) of this section, no person shall rent or loan a motor vehicle to any other person unless the latter person is then duly licensed under this article or, in the case of a nonresident, duly licensed under the laws of the state or country of that person’s residence except a nonresident whose home state or country does not require that an operator be licensed.

(2) Except as provided in subsection (4) of this section, no person shall rent a motor vehicle to another until that person has inspected the driver’s license of the person to whom the vehicle is to be rented and compared and verified the signature thereon with the signature of such person written in his or her presence.

(3) Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of said latter person or any authorized driver under subsection (4) of this section, and the date and place when and where said license was issued. Such record shall be open to inspection by any police officer or officer or employee of the department.

(4) A person may rent a motor vehicle to a person who is blind, as defined in section 26-2-103 (3), C.R.S., subject to all of the following conditions:

(a) The blind person is accompanied by at least one person with a valid license issued under this article or, in the case of a nonresident, a valid license issued under the laws of the state or country of such person’s residence.

(b) The person renting the motor vehicle to a blind person:

(I) Inspects the license of each person who accompanies the blind person and wishes to be authorized to drive the motor vehicle; and

(II) Compares and verifies the signatures thereon with the signatures of such persons written in his or her presence.

(c) Only persons whose licenses and signatures have been compared and verified by the person renting the motor vehicle to the blind person are authorized to drive the motor vehicle, and the names of such persons are listed in the rental agreement.

(d) The renter and the driver of the motor vehicle pursuant to this subsection (4) shall have the same financial or insurance responsibilities under Colorado law as other renters of motor vehicles.

42-2-142. Violation – penalty.

Any person who violates any provision of this part 1 for which no other penalty is provided in this part 1 commits a class B traffic infraction and shall be punished as provided in section 42-4-1701 (3)(a).

42-2-143. Legislative declaration.

The general assembly declares that the provisions of this article as enacted in Senate Bill No. 318 by the forty-ninth general assembly in its first regular session shall not supersede, unless in direct conflict, and shall be harmonized with, the provisions of any other act enacted in the same session which also amends, in any way, this article.

42-2-144. Reporting by certified level II alcohol and drug education and treatment program providers – notice of administrative remedies against a driver’s license – rules.

(1) The department shall require all providers of level II alcohol and drug education and treatment programs certified by the office of behavioral health in the department of human services pursuant to section 42-4-1301.3 to provide quarterly reports to the department about each person who is enrolled and who has filed proof of such enrollment with the department as required by section 42-2-126 (4)(d)(II).

(2) A person determined not to be in compliance with level II alcohol and drug education and treatment pursuant to subsection (1) of this section shall be sent a letter from the department notifying the person of such noncompliance, any administrative remedies that may be taken against the person’s privilege to drive, and the time period the person has to comply with the requirements for level II alcohol and drug education and treatment before administrative remedies will be exercised against the person’s driving privilege.

(3) The department may promulgate rules necessary for the implementation of this section.

Part 2 – Definition of a Habitual Traffic Offender and Requirement for the Mandatory Revocation of a Driver’s License Upon a Person becoming an Habitual Traffic Offender. Additional Colorado Law Applicable to Habitual Traffic Offenders Including Penalties for Driving as an Habitual Traffic Offender.

42-2-201. Legislative declaration concerning habitual offenders of motor vehicle laws.

(1) It is declared to be the policy of this state:

(a) To provide maximum safety for all persons who travel or otherwise use the public highways of this state;

(b) To deny the privilege of operating motor vehicles on such highways to persons who by their conduct and record have demonstrated their indifference to the safety and welfare of others and their disrespect for the laws of this state, the orders of its courts, and the statutorily required acts of its administrative agencies; and

(c) To discourage repetition of criminal acts by individuals against the peace and dignity of this state and its political subdivisions and to impose increased and added deprivation of the privilege to operate motor vehicles upon habitual offenders who have been convicted repeatedly of violations of the traffic laws.

42-2-202. Habitual offenders – frequency and type of violations.

(1) An habitual offender is any person, resident or nonresident, who has accumulated convictions for separate and distinct offenses described in subsection (2) of this section committed during a seven-year period or committed during a five-year period for separate and distinct offenses described in subsection (3) of this section; except that, where more than one included offense is committed within a one-day period, such multiple offenses shall be treated for the purposes of this part 2 as one offense. The record as maintained in the office of the department shall be considered prima facie evidence of the said convictions.

(2) (a) An habitual offender is a person having three or more convictions of any of the following separate and distinct offenses arising out of separate acts committed within a period of seven years:

(I) DUI, DUI per se, or DWAI;

(II) Driving a motor vehicle in a reckless manner, in violation of section 42-4-1401;

(III) Driving a motor vehicle upon a highway while such person’s license or privilege to drive a motor vehicle has been denied, suspended, or revoked, in violation of section 42-2-138 (1);

(IV) Knowingly making any false affidavit or swearing or affirming falsely to any matter or thing required by the motor vehicle laws or as to information required in the administration of such laws;

(V) Vehicular assault or vehicular homicide, or manslaughter or criminally negligent homicide which results from the operation of a motor vehicle, or aggravated motor vehicle theft, as such offenses are described in title 18, C.R.S.;

(VI) Conviction of the driver of a motor vehicle involved in any accident involving death or personal injuries for failure to perform the duties required of such person under section 42-4-1601.

(b) The offenses included in subparagraphs (I), (II), (III), and (V) of paragraph (a) of this subsection (2) shall be deemed to include convictions under any federal law, any law of another state, or any ordinance of a municipality that substantially conforms to the statutory provisions of this state regulating the operation of motor vehicles. For purposes of this paragraph (b), the term “municipality” means any home rule or statutory city or town, a territorial charter city, or a city and county.

(3) A person is also an habitual offender if such person has ten or more convictions of separate and distinct offenses arising out of separate acts committed within a period of five years involving moving violations which provide for an assessment of four or more points each or eighteen or more convictions of separate and distinct offenses arising out of separate acts committed within a period of five years involving moving violations which provide for an assessment of three or less points each in the operation of a motor vehicle, which convictions are required to be reported to the department and result in the assessment of points under section 42-2-127, including any violations specified in subsection (2) of this section.

(4) For the purpose of this section, the term “conviction” has the meaning specified in section 42-2-127 (6) and includes entry of judgment for commission of a traffic infraction as set forth in section 42-4-1701.

42-2-203. Authority to revoke license of habitual offender.

The department shall immediately revoke the license of any person whose record brings such person within the definition of an habitual offender in section 42-2-202. The procedure specified in section 42-2-125 (3) and (4) shall be employed for the revocation.

42-2-205. Prohibition.

(1) No license to operate motor vehicles in this state shall be issued to an habitual offender, nor shall an habitual offender operate a motor vehicle in this state:

(a) For a period of five years from the date of the order of the department finding such person to be an habitual offender except as may be permitted by section 42-2-132.5; and

(b) Until such time as financial responsibility requirements are met.

42-2-206. Driving after revocation prohibited.

(1) (a) (I) It is unlawful for any person to operate any motor vehicle in this state while the revocation of the department prohibiting the operation remains in effect. Any person found to be an habitual offender, who operates a motor vehicle in this state while the revocation of the department prohibiting such operation is in effect, commits a class 1 misdemeanor.

(II) Notwithstanding the provisions of section 18-1.3-501, C.R.S., any person convicted of violating subparagraph (I) of this paragraph (a) shall be sentenced to a mandatory minimum term of imprisonment in the county jail for thirty days, or a mandatory minimum fine of three thousand dollars, or both. The minimum jail sentence and fine required by this subparagraph (II) shall be in addition to any other penalty provided in section 18-1.3-501, C.R.S. The court may suspend all or a portion of the mandatory jail sentence or fine if the defendant successfully completes no less than forty hours, and no greater than three hundred hours, of useful public service. In no event shall the court sentence the convicted person to probation. Upon the defendant’s successful completion of the useful public service, the court shall vacate the suspended sentence. In the event the defendant fails or refuses to complete the useful public service ordered, the court shall impose the jail sentence, fine, or both, as required under this subparagraph (II).

(b) (I) A person commits the crime of aggravated driving with a revoked license if he or she is found to be an habitual offender and thereafter operates a motor vehicle in this state while the revocation of the department prohibiting such operation is in effect and, as a part of the same criminal episode, also commits any of the following offenses:

(A) and (B) Repealed.

(D) Eluding or attempting to elude a police officer, as described in section 42-4-1413;

(E) Violation of any of the requirements specified for accidents and accident reports in sections 42-4-1601 to 42-4-1606; or

(F) Vehicular eluding, as described in section 18-9-116.5, C.R.S.

(II) Aggravated driving with a revoked license is a class 1 misdemeanor, punishable as provided in section 18-1.3-501, C.R.S.; except that a court shall sentence the offender to a mandatory minimum term of imprisonment of sixty days in the custody of a county jail.

(III) If a defendant is convicted of aggravated driving with a revoked license based upon the commission of DUI, DUI per se, or DWAI pursuant to sub-subparagraph (A) or (B) of subparagraph (I) of this paragraph (b), as that crime existed before August 5, 2015:

(A) The court shall convict and sentence the offender for each offense separately;

(B) The court shall impose all of the penalties for the alcohol-related driving offense, as such penalties are described in section 42-4-1307;

(D) Any probation imposed for a conviction under this section may run concurrently with any probation required by section 42-4-1307; and

(E) The department shall reflect both convictions on the defendant’s driving record.

(2) For the purpose of enforcing this section in any case in which the accused is charged with driving a motor vehicle while such person’s license, permit, or privilege to drive is revoked or is charged with driving without a license, the court, before hearing such charges, shall require the district attorney to determine whether such person has been determined to be an habitual offender and by reason of such determination is barred from operating a motor vehicle on the highways of this state. If the district attorney determines that the accused has been so held, the district attorney shall cause the appropriate criminal charges to be lodged against the accused.

42-2-207. No existing law modified.

Nothing in this part 2 shall be construed as amending, modifying, or repealing any existing law of this state or any existing ordinance of any political subdivision relating to the operation of motor vehicles or the providing of penalties for the violation thereof; nor shall anything in this part 2 be construed as precluding the exercise of the regulatory powers of any division, agency, department, or political subdivision of this state having the statutory authority to regulate such operation or licensing.

42-2-208. Computation of number of convictions.

With respect to persons charged as habitual offenders, in computing the number of convictions, all convictions must result from offenses occurring on or after July 1, 1973.

PART 3 – Provisions Relating to the Issuance of State of Colorado Identity Cards in Lieu of a Colorado Driver’s License.

42-2-301. Definitions.

As used in this part 3, unless the context otherwise requires:

(1) “Department” means the department of revenue.

(2) “Identification card” means the identification card issued under this article.

(3) “Registrant” means a person who acquires an identification card under the provisions of this part 3.

42-2-302. Department may or shall issue – limitations – rules.

(1) (a) (I) A person who is a resident of Colorado may be issued an identification card by the department, attested by the applicant and department as to true name, date of birth, current address, and other identifying data the department may require.

(II) An application for an identification card shall contain the applicant’s fingerprint.

(III) An application for an identification card shall include the applicant’s social security number or a sworn statement made under penalty of law that the applicant does not have a social security number.

(IV) An identification card shall not be issued until any previously issued instruction permit or minor driver’s or driver’s license is surrendered or cancelled.

(V) The applicant’s social security number shall remain confidential and shall not be placed on the applicant’s identification card. Such confidentiality shall not extend to the state child support enforcement agency, the department, or a court of competent jurisdiction when requesting information in the course of activities authorized under article 13 of title 26, C.R.S., or article 14 of title 14, C.R.S.

(VI) Every application shall include the opportunity for the applicant to self-identify his or her race or ethnicity. The race or ethnicity information that may be identified on the application shall not be printed on the identification card but shall be maintained in the stored information as defined by section 42-2-303 (1)(b)(II). That information must be accessible to a law enforcement officer through magnetic or electronic readers.

(b) (I) In addition to the requirements of paragraph (a) of this subsection (1), an application for an identification card shall state that:

(A) The applicant understands that, as a resident of the state of Colorado, any motor vehicle owned by the applicant must be registered in Colorado pursuant to the laws of the state and the applicant may be subject to criminal penalties, civil penalties, cancellation or denial of the applicant’s identification card, and liability for any unpaid registration fees and specific ownership taxes if the applicant fails to comply with such registration requirements; and

(B) The applicant agrees, within thirty days after the date the applicant became a resident, to register in Colorado any vehicle owned by the applicant.

(II) The applicant shall verify the statements required by this paragraph (b) by the applicant’s signature on the application.

(c) A sworn statement that is made under penalty of perjury shall be sufficient evidence of the applicant’s social security number required by this subsection (1) and shall authorize the department to issue an identification card to the applicant. Nothing in this paragraph (c) shall be construed to prevent the department from cancelling, denying, recalling, or updating an identification card if the department learns that the applicant has provided a false social security number.

(2) (a) The department shall issue an identification card only upon the furnishing of a birth certificate or other documentary evidence of identity that the department may require. An applicant who submits a birth certificate or other documentary evidence issued by an entity other than a state or the United States shall also submit such proof as the department may require that the applicant is lawfully present in the United States. An applicant who submits as proof of identity a driver’s license or identification card issued by a state that issues drivers’ licenses or identification cards to persons who are not lawfully present in the United States shall also submit such proof as the department may require that the applicant is lawfully present in the United States. The department may assess a fee under section 42-2-306 (1)(b) if the department is required to undertake additional efforts to verify the identity of the applicant.

(b) The department may not issue an identification card to any person who is not lawfully present in the United States.

(c) The department may not issue an identification card to any person who is not a resident of the state of Colorado. The department shall issue an identification card only upon the furnishing of such evidence of residency that the department may require.

(3) (a) The department has the authority to cancel, deny, or deny the reissuance of the identification card of a person upon determining that the person is not entitled to issuance of the identification card for the following reasons:

(I) Failure to give the required or correct information in an application or commission of any fraud in making such application;

(II) Permission of an unlawful or fraudulent use or conviction of misuse of an identification card;

(III) The person is not lawfully present in the United States; or

(IV) The person is not a resident of the state of Colorado.

(b) If the department cancels, denies, or denies the reissuance of the identification card of a person, such person may request a hearing pursuant to section 24-4-105, C.R.S.

(4) (a) Any male United States citizen or immigrant who applies for an identification card or a renewal or duplicate of any such card and who is at least eighteen years of age but less than twenty-six years of age shall be registered in compliance with the requirements of section 3 of the “Military Selective Service Act”, 50 U.S.C. App. sec. 453, as amended.

(b) The department shall forward in an electronic format the necessary personal information of the applicants identified in paragraph (a) of this subsection (4) to the selective service system. The applicant’s submission of an application shall serve as an indication that the applicant either has already registered with the selective service system or that he is authorizing the department to forward to the selective service system the necessary information for such registration. The department shall notify the applicant that his submission of an application constitutes consent to registration with the selective service system, if so required by federal law.

(5) The department shall not issue an identification card to a first time applicant in Colorado until the department completes its verification of all facts relative to such applicant’s right to receive an identification card including the residency, identity, age, and current licensing status of the applicant. Such verification shall utilize appropriate and accurate technology and techniques. Such verification shall include a comparison of existing driver’s license and identification card images in department files with the applicant’s images to ensure such applicant has only one identity.

(6) The department shall not issue an identification card to a person who holds a valid minor driver’s or driver’s license.

(7) The department shall not issue an identification card to an individual whose authorization to be present in the United States is temporary unless the individual applies under and complies with part 5 of this article.

(8) The department shall promulgate rules establishing procedures for resolving minor spelling inconsistencies and accepting alternative documents to birth certificates to establish lawful presence.

(9) (a) In accordance with rules promulgated by the department and upon the applicant’s submission, either electronically or by mail, of an application and payment of the required fee, the department may issue an identification card to the holder of a driver’s license issued under section 42-2-114 or renewed under 42-2-118 if the applicant holds a valid license or if no more than one year has passed since the expiration of the applicant’s driver’s license.

(b) Once the department issues an identification card under this subsection (9), the department shall cancel any valid driver’s license held by the applicant.

42-2-303. Contents of identification card.

(1) (a) The identification card shall be the same size as a driver’s license issued pursuant to parts 1 and 2 of this article. The card shall adequately describe the registrant, bear the registrant’s picture, and bear the following: “State of Colorado”, “Identification Card No. ….”, and “This is not a driver’s license.” Each identification card issued to an individual under this section shall show a photograph of the registrant’s full face.

(b) (I) In the event the department issues an identification card that contains stored information, such card may include only the information that is specifically referenced in paragraph (a) of this subsection (1), and that appears in printed form on the face of the card issued by the department to the registrant and any race or ethnicity information identified on an application pursuant to section 42-2-302 (1)(a)(VI); except that such stored information shall not include the registrant’s social security number.

(II) As used in this paragraph (b), “stored information” includes information that is stored on the identification card by means of magnetic or electronic encoding, or by any other technology designed to store retrievable information.

(2) Repealed.

(3) An identification card shall contain one or more security features that are not visible and are capable of authenticating such card and any information contained therein.

(4) (a) At the applicant’s voluntary request, the department shall issue an identification card bearing an identifier of a branch of the United States armed forces, such as “Marine Corps”, “Navy”, “Army”, “Air Force”, or “Coast Guard”, if the applicant possesses a currently valid military identification document, a DD214 form issued by the United States government, or any other document accepted by the department that demonstrates that the applicant is an active member or a veteran of the branch of service that the applicant has requested be placed on the identification card. The applicant shall not be required to provide documentation that the applicant is an active member or a veteran of a branch of the United States armed forces to renew or be reissued an identification card bearing an identifier issued pursuant to this subsection (4). The department shall not place more than one branch of the United States armed forces identifier on an applicant’s identification card.

(b) and (c) Repealed.

(5) (a) Upon the applicant presenting a DD214 form issued by the United States government or any other document accepted by the department that demonstrates that the applicant is a veteran of the United States armed forces, the department shall print the word “Veteran” on the identification card.

(b) The holder of an identification card bearing the word “Veteran” need not present documentation that the holder is a veteran of the United States armed forces to renew or reissue the identification card.

(c) The department shall not issue an identification card bearing the word “Veteran” if the applicant’s documentation shows that the applicant received a dishonorable discharge.

42-2-304. Validity of identification card – rules.

(1) Except as provided in subsection (2) of this section, an identification card issued pursuant to this part 3 expires on the birthday of the registrant in the fifth year after issuance of the identification card. The department may purge its records of such cards twelve years after issuance; except that any records concerning identification cards issued prior to April 16, 1996, may not be purged until October 1, 2003.

(1.5) (a) Any individual who has been issued an identification card pursuant to this section may renew the card prior to the expiration of the card upon application in person and payment of the required fee.

(b) The department may not renew an identification card for a person if the person would not be eligible for an identification card pursuant to section 42-2-302 (2)(b) or (2)(c).

(1.7) (a) If allowed under federal law, the department shall allow renewal of an identification card issued under section 42-2-302 by mail subject to the following requirements:

(I) Renewal by mail shall be available to qualifying individuals as determined by the department of revenue including but not limited to persons with disabilities and individuals who are sixty-five years of age or older.

(II) Renewal by mail is only available every other renewal period; except that renewal by mail is available every renewal period if the applicant is sixty-five years of age or older.

(III) A person renewing by mail shall attest under penalty of perjury that he or she is lawfully present in the United States.

(IV) A person renewing by mail shall attest under penalty of perjury that he or she is a resident of the state of Colorado.

(b) Every applicant for renewal of an identification card by mail shall submit the required fee or surcharge, if any.

(1.8) (a) The department shall allow an applicant to renew an identification card issued under section 42-2-302 by electronic means if the applicant:

(I) Is sixty-five years of age or older;

(II) Attests under penalty of perjury to being lawfully present in the United States;

(III) Attests under penalty of perjury to being a resident of Colorado; and

(IV) Pays any required fee or surcharge.

(b) Applicants who meet the qualifications of paragraph (a) of this subsection (1.8) may electronically renew every renewal period.

(1.9) (a) The department may allow an applicant to renew an identification card issued under section 42-2-302 by electronic means if the applicant:

(I) Is twenty-one years of age or older, but not older than sixty-four years of age;

(II) Attests under penalty of perjury to being lawfully present in the United States;

(III) Attests under penalty of perjury to being a resident of Colorado; and

(IV) Pays any required fee or surcharge.

(b) Applicants who meet the qualifications of paragraph (a) of this subsection (1.9) may electronically renew only for two consecutive renewal periods.

(2) (a) An identification card issued on or before June 30, 2001, to a person less than eighteen years of age shall expire on the registrant’s eighteenth birthday. Such person may renew the card prior to its expiration upon application in person and by paying the required fee. The renewed card for such person shall expire on the registrant’s twenty-first birthday.

(b) An identification card issued to an individual prior to April 16, 1996, does not expire unless the true name or social security number, if any, of the individual changes. An individual who has been issued a card prior to April 16, 1996, may voluntarily surrender such card to the department and, upon payment of the fee required for an identification card application, may request issuance of a new identification card containing an expiration date pursuant to the provisions of subsection (1) of this section.

(b.5) An identification card issued on or after July 1, 2001, to a person less than twenty-one years of age shall expire on the registrant’s twenty-first birthday.

(c) An identification card issued to an individual sixty-five years of age or older expires on the birthday of the registrant in the fifth year after issuance of the identification card.

42-2-304.5. Cancellation or denial of identification card – failure to register vehicles in Colorado.

The department may cancel, deny, or deny reissuance of an identification card upon determining that the registrant has failed to register in Colorado all vehicles owned by the registrant under the requirements of section 42-3-103. Upon such cancellation, the registrant shall surrender the identification card to the department. The registrant is entitled to a hearing under the procedures provided in section 42-2-122.

42-2-305. Lost, stolen, or destroyed cards.

If an identification card is lost, destroyed, or mutilated or a new name is acquired, the registrant may obtain a new identification card upon furnishing satisfactory proof of such fact to the department. Any registrant who loses an identification card and who, after obtaining a new identification card, finds the original card shall immediately surrender the original card to the department. The same documentary evidence shall be furnished for a new identification card as for an original identification card. A new identification card issued pursuant to this section shall expire on the birthday of the registrant in the fifth year after the issuance of the new identification card; except that, if the registrant is under the age of twenty-one years at the time the application for the new identification card is made, the new identification card shall expire on the registrant’s twenty-first birthday.

42-2-306. Fees – disposition.

(1) The department shall charge and collect the following fees:

(a) (I) (Deleted by amendment, L. 2007, p. 1572, § 5, effective July 1, 2007.)

(II) Except as provided in subparagraph (III.5) of this paragraph (a), a fee as determined by the department under section 42-2-114.5 for an identification card or renewal of an identification card.

(III) Repealed.

(III.5) The department shall not charge a fee to an applicant who is:

(A) Sixty years of age or older;

(B) Referred by a county department of social services pursuant to section 25.5-4-205 (3), 26-2-106 (3), or 26-5-101 (3)(o), C.R.S.; or

(IV) and (V) Repealed.

(b) A fee as determined by the department under section 42-2-114.5 to cover the costs incurred for the reissuance of an identification card that has been cancelled or denied under section 42-2-302 (3), or to verify the identity of the applicant.

(2) Fees collected under this section shall be remitted monthly to the state treasurer, who shall deposit the fee in the licensing services cash fund created in section 42-2-114.5.

42-2-307. Change of address.

Any registrant who acquires an address different from the address shown on the identification card issued to the registrant shall, within thirty days thereafter, notify the department of such change as specified in section 42-2-119 (1)(a). The department may thereupon take any action deemed necessary to ensure that the identification card reflects the proper address of the registrant.

42-2-308. No liability on public entity.

No public entity shall be liable for any loss or injury directly or indirectly resulting from false or inaccurate information contained in identification cards provided for in this part 3.

42-2-309. Unlawful acts.

(1) It is unlawful for any person:

(a) To display, cause or permit to be displayed, or have in that person’s possession any surrendered, fictitious, fraudulently altered, or fraudulently obtained identification card;

(b) To lend that person’s identification card to any other person or knowingly permit the use thereof by another;

(d) To permit any unlawful use of an identification card issued to that person;

(e) To do any act forbidden or fail to perform any act required by this part 3, which would not include use of such card after the expiration date;

(f) To photograph, photostat, duplicate, or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid license, or to display or have in that person’s possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by law;

(g) To photograph, photostat, duplicate, or in any way produce any identification card as defined in section 42-2-301 (2), or facsimile thereof, unless authorized by law, in such a manner that it could be mistaken for a valid identification card or to display or possess any such photograph, photostat, duplicate, production, or facsimile;

(h) To photograph, photostat, duplicate, or in any way reproduce any identification card or facsimile thereof for the purpose of distribution, resale, reuse, or manipulation of the data or images contained in such identification card unless authorized by the department or otherwise authorized by law.

42-2-310. Violation.

Any person who violates any of the provisions of this part 3 commits a class 3 misdemeanor, as provided in section 18-1.3-501, C.R.S.

42-2-311. County jail identification processing unit – report – repeal. (Repealed)

42-2-312. County jail identification processing unit fund. (Repealed)

42-2-313. Department consult with counties on county jail identification processing unit.

The department shall meet with representatives of Adams, Arapahoe, Boulder, Douglas, and Jefferson counties, the city and county of Denver, and the city and county of Broomfield on a regular basis to discuss future implementation of a county jail identification processing unit that would travel to county jails to process identification cards for prisoners, as well as to discuss intergovernmental agreements for cost-sharing solutions to fund the unit, solutions to technical and equipment issues that the department has identified, and implementation of program timelines.

PART 4 – Colorado Law applicable to the Issuance, Regulation and Suspension of Commercial Drivers’ Licenses (CDL).

42-2-401. Short title.

This part 4 shall be known and may be cited as the “Commercial Driver’s License Act”.

42-2-402. Definitions.

As used in this part 4, unless the context otherwise requires:

(1) “Commercial driver’s license” means a license issued to an individual in accordance with the requirements of the federal “Commercial Motor Vehicle Safety Act of 1986”, 49 App. U.S.C. sec. 2701 et seq., and any rules or regulations promulgated thereunder, that authorizes such individual to drive a commercial motor vehicle.

(2) “Commercial driver’s license driving tester” or “driving tester” means an individual licensed by the department under the provisions of section 42-2-407 to perform commercial driver’s license driving tests.

(3) “Commercial driver’s license testing unit” or “testing unit” means a business, association, or governmental entity licensed by the department under the provisions of section 42-2-407 to administer the performance of commercial driver’s license driving tests.

(4) (a) “Commercial motor vehicle” means a motor vehicle designed or used to transport passengers or property, if the vehicle:

(I) Has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating determined by federal regulation; or

(II) Is designed to transport sixteen or more passengers, including the driver; or

(III) Is transporting hazardous materials and is required to be placarded in accordance with 49 CFR part 172, subpart F.

(b) “Commercial motor vehicle” does not include:

(I) Recreational vehicles;

(II) Military vehicles that are driven by military personnel;

(III) Any farm vehicles:

(A) Controlled and operated by a farmer;

(B) Used to transport agriculture products, farm machinery, or farm supplies to or from a farm;

(D) Used within one hundred fifty miles of the person’s farm;

(IV) Firefighting equipment.

(5) “Department” means the department of revenue.

(6) “Gross vehicle weight rating” or “GVWR” means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle, or registered gross weight, whichever is greater. The GVWR of a combination (articulated) vehicle, commonly referred to as the “gross combination weight rating” or “GCWR” is the GVWR of the power unit plus the GVWR of any towed unit.

(7) “Hazardous materials” means materials as defined under section 103 of the federal “Hazardous Materials Transportation Act of 1987”, 49 App. U.S.C. sec. 1801, as may be amended from time to time.

(8) “Out-of-service order” means an “out-of-service order” as defined by 49 CFR 383.5.

42-2-403. Department authority – rules – federal requirements.

(1) The department shall develop, adopt, and administer a procedure for licensing drivers of commercial motor vehicles in accordance with applicable federal law governing commercial motor vehicle safety and any rules promulgated thereunder. The department is hereby specifically authorized to adopt and effectuate, whether by rule, policy, or administrative custom or practice, any licensing sanction imposed by federal statutes or rules governing commercial motor vehicle safety.

(2) (a) The department shall promulgate such rules and regulations as are necessary for the implementation of this part 4. Such rules and regulations shall govern all aspects of licensing commercial drivers, including, but not limited to, testing procedures, license issuance procedures, out-of-service regulations, denial procedures, including suspensions, revocations, cancellations and denials, records maintenance, reporting requirements, and cooperation with the commercial driver’s license information system.

(b) The department, with the advice of the commissioner of education, shall develop testing and license issuance procedures for school bus drivers who are employed by any Colorado school district.

(B) The applicant agrees, within thirty days after the date the applicant became a resident, to register in Colorado any vehicle owned by the applicant.

(II) The applicant shall verify the statements required by this paragraph (c) by the applicant’s signature on the application.

(d) The department may not consider the following with regard to an application from a person for a commercial driver’s license:

(I) A conviction for UDD;

(II) A license revocation imposed under section 42-2-126 (3)(b) if the person was under twenty-one years of age at the time of the offense and such person drove a motor vehicle while such person’s BAC was at least 0.02 but not more than 0.05; or

(III) A license revocation imposed under section 42-2-126 (3)(e) if the person was under twenty-one years of age at the time of the offense and such person drove a commercial motor vehicle while such person’s BAC was at least 0.02 but less than 0.04.

(e) With regard to every person who holds or applies for a commercial driver’s license in this state, the department shall maintain, for at least three years, records of such person’s application and of any convictions, disqualifications, and licensing actions for violation of state or local laws relating to motor vehicle traffic control, other than parking violations, committed while the person was operating a commercial motor vehicle or that would affect the person’s commercial driving privilege, and shall make such records available to the specified persons and entities as follows:

(I) To law enforcement officers, courts, prosecutors, administrative adjudicators, and motor vehicle licensing authorities in Colorado or any other state, all information on all such persons;

(II) To the federal secretary of transportation, all information on all such persons;

(III) To the individual to whom such information pertains, all such information pertaining to that individual;

(IV) To the motor carrier employer or prospective motor carrier employer of the individual to whom such information pertains, all such information pertaining to that individual.

(2.5) Any application for the issuance or renewal of a license pursuant to this section shall include the applicant’s social security number as required in section 14-14-113, C.R.S.

(3) Nothing in this part 4 shall be construed to prevent the state of Colorado from complying with federal requirements in order to qualify for funds under the federal “Commercial Motor Vehicle Safety Act of 1986” or other applicable federal law.

(4) (a) Any male United States citizen or immigrant who applies for a commercial driver’s license, or a renewal of any such license, and who is at least eighteen years of age but less than twenty-six years of age shall be registered in compliance with the requirements of section 3 of the “Military Selective Service Act”, 50 U.S.C. App. sec. 453, as amended.

(b) The department shall forward in an electronic format the necessary personal information of the applicants identified in paragraph (a) of this subsection (4) to the selective service system. The applicant’s submission of an application shall serve as an indication that the applicant either has already registered with the selective service system or that he is authorizing the department to forward to the selective service system the necessary information for such registration. The department shall notify the applicant that his signature serves as consent to registration with the selective service system, if so required by federal law.

(5) Notwithstanding any law or rule to the contrary, upon presentation of satisfactory evidence by an applicant, the department:

(a) Shall consider the training, education, or experience obtained by an applicant as a member of the United States armed forces or reserves, the National Guard of any state, the military reserves of any state, or the naval militia of any state; and

(b) May credit the training, education, or experience toward the qualifications to receive a license, certification, or registration.

42-2-404. License for drivers – limitations.

(1) Except as provided in subsection (4) of this section, no person shall operate a commercial motor vehicle upon the highways in this state on or after April 1, 1992, unless such person has attained the age of twenty-one years and has been issued and is in immediate possession of a commercial driver’s license.

(1.5) (a) The department shall not issue a commercial driver’s license to, and shall immediately cancel the commercial driver’s license of, any person subject to a federal disqualification order on the basis of imminent hazard to public safety pursuant to 49 CFR 383.52.

(b) A person who is subject to a federal disqualification order on the basis of imminent hazard, or whose commercial or noncommercial driver’s privilege is under restraint, shall not be eligible for a restricted, probationary, or hardship license that would permit the person to operate a commercial motor vehicle during the period of such disqualification or restraint.

(c) (I) The department shall not issue, renew, upgrade, or transfer a hazardous materials endorsement for a commercial driver’s license that would have the effect of authorizing a person to operate a commercial motor vehicle transporting hazardous material in commerce unless the federal transportation security administration has determined that the person does not pose a security risk warranting a denial of the endorsement.

(II) Fingerprinting for the purpose of a criminal history record check for a hazardous materials endorsement on a commercial driver’s license may be conducted by a state or local law enforcement agent or any other person who has the authorization or approval of a federal agency including, without limitation, the transportation safety administration or the federal bureau of investigation.

(III) A person enrolled in a commercial driver training school or holding a commercial driving learner’s permit shall not be eligible to apply for or receive a hazardous materials endorsement and is prohibited from operating a commercial motor vehicle transporting hazardous material at any time.

(2) No person who drives a commercial motor vehicle may have more than one driver’s license.

(3) In addition to any applicable federal penalty concerning commercial motor vehicle operators, any person who violates subsection (1) or (2) of this section, or any rule or regulation promulgated by the department pursuant to this part 4, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.

(4) The provisions of this part 4 shall not apply to any person who is at least eighteen years of age but less than twenty-one years of age and who operates a commercial motor vehicle upon the highways of this state solely in intrastate operations. Pursuant to the provisions of section 42-2-101 (4), no such person of such age shall operate any commercial motor vehicle upon the highways of this state unless such person has been issued and is in immediate possession of a minor driver’s license of the correct type of general class for the type or general class of motor vehicle which is issued.

42-2-405. Driver’s license disciplinary actions – grounds for denial – suspension – revocation – disqualification.

(1) A person who holds a commercial driver’s license or who drives a commercial motor vehicle, as defined under this part 4, shall be subject, in addition to this part 4, to disciplinary actions, penalties, and the general provisions under parts 1, 2, and 3 of this article and article 7 of this title.

(2) In addition to applicable penalties imposed under the sections listed in subsection (1) of this section:

(a) A person who drives, operates, or is in physical control of a commercial motor vehicle while having any alcohol in his or her system, or who refuses to submit to a test to determine the alcoholic content of the driver’s blood or breath while driving a commercial motor vehicle, shall be placed out of service as defined in section 42-2-402 (8).

(b) (I) If any person possesses or knowingly transports a schedule I drug or other substance identified in 49 CFR chapter III, subchapter B, appendix D, an amphetamine, a narcotic drug, a formulation of an amphetamine, or a derivative of a narcotic drug while operating a commercial vehicle during on-duty time, the department shall cancel such person’s commercial driver’s license for a period of six months or, if such person does not have a commercial driver’s license, the department shall not issue a commercial driver’s license to such person until at least six months have elapsed since the date of the latest such occurrence.

(II) If any person makes unlawful use of a schedule I drug or other substance identified in 49 CFR chapter III, subchapter B, appendix D, an amphetamine, a narcotic drug, a formulation of an amphetamine, or a derivative of a narcotic drug while operating a commercial vehicle during on-duty time, the department shall cancel such person’s commercial driver’s license for a period of one year or, if such person does not have a commercial driver’s license, the department shall not issue a commercial driver’s license to such person until at least one year has elapsed since the date of the latest such occurrence.

(3) For purposes of the imposition of restraints and sanctions against commercial driving privileges:

(a) A conviction for DUI, DUI per se, or DWAI, or a substantially similar law of any other state pertaining to drinking and driving, or an administrative determination of a violation of section 42-2-126 (3)(a) or (3)(b) shall be deemed driving under the influence; and

(b) A conviction for violating section 42-4-706, 42-4-707, 42-4-708, or a substantially similar law of any other state pertaining to conduct at or near railroad crossings, shall be deemed a railroad crossing offense.

(4) A commercial driver whose privilege to drive a commercial motor vehicle has been cancelled or denied pursuant to this section may, following any applicable revocation period, apply for another type or class of driver’s license in accordance with section 42-2-104, as long as there is no other statutory reason to deny such person such a license.

42-2-405.5. Violations of out-of-service order.

(1) A person who operates a commercial motor vehicle in violation of an out-of-service order commits a class 1 traffic misdemeanor.

(2) No court shall accept a plea of guilty to another offense from a person charged with a violation of subsection (1) of this section; except that the court may accept such a plea upon a good faith representation by the prosecuting attorney that there is not a prima facie case for the original offense.

(3) Upon receipt of notice of a conviction or deferred sentence under subsection (1) of this section, the department shall immediately suspend the commercial driver’s license for the maximum period set forth in the United States federal regulations governing violations of out-of-service orders for commercial drivers and section 42-2-403 (1).

(4) Notice of suspension under subsection (3) of this section shall be mailed to the person by the department in compliance with section 42-2-119 (2).

(5) (a) Upon receipt of the notice of suspension, the person may request a hearing in writing if the person has surrendered to the department a commercial driver’s license issued by any state. The department, upon notice to the person, shall hold a hearing as soon as practicable at the district office of the department closest to the residence of the person; except that, at the discretion of the department, all or part of the hearing may be conducted in real time by telephone or other electronic means in accordance with section 42-1-218.5.

(b) The only issues at such hearing are whether the driver was convicted of or received a deferred sentence for a violation of subsection (1) of this section and the appropriate length of suspension. If the driver was convicted, the license shall be suspended. The hearing officer may reduce the period of suspension based on findings at the hearing, including without limitation the circumstances of the violation, the prior driving record, and aggravating and mitigating factors. A hearing officer shall not reduce the suspension period below the minimum disqualification period imposed by 49 CFR 383.51.

(c) (I) The order of the hearing officer is the final agency action and may be appealed under section 42-2-135. A petition for judicial review must be filed within thirty-five days after the date of the order.

(II) Judicial review shall be on the record of the hearing without taking additional testimony. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination that is unsupported by the evidence in the record, the court may reverse the department’s determination.

(III) The court may grant a stay of the order only upon motion, after a hearing, and upon a finding that there is a reasonable probability that the petitioner will prevail upon the merits and that the petitioner will suffer irreparable harm if the order is not stayed.

42-2-406. Fees – rules.

(1) A fee is required for the issuance of a commercial driver’s license. The department shall set the fee in accordance with section 42-2-114.5. The department shall transfer the fee to the state treasurer, who shall credit it to the licensing services cash fund created in section 42-2-114.5. The license expires on the birthday of the applicant in the fourth year after its issuance. When issuing a commercial driver’s license, the office of the county clerk and recorder shall retain eight dollars and shall forward the remainder to the department for transmission to the state treasurer, who shall credit it to the licensing services cash fund.

(2) The fee for a person eighteen years of age or older for issuance of a minor driver’s license that authorizes operation of a commercial motor vehicle upon the highways is the same as for a commercial driver’s license issued under subsection (1) of this section. The department shall transfer the fee to the state treasurer, who shall credit it to the licensing services cash fund created in section 42-2-114.5. When issuing a minor driver’s license, the office of the county clerk and recorder shall retain eight dollars and shall forward the remainder to the department for transmission to the state treasurer, who shall credit it to the licensing services cash fund created in section 42-2-114.5.

(3) (a) (I) The fee for the administration by commercial driver’s license testing units of the driving test for licensing commercial drivers shall not exceed the fee set by rule.

(II) The department shall promulgate rules setting a limit on the amount that may be charged for the administration of the driving test by commercial driver’s license testing units for licensing commercial drivers. The rules shall also provide for a lower fee limit for the administration of the driving test to an employee or volunteer of a nonprofit organization that provides specialized transportation services for the elderly and for persons with disabilities, to any individual employed by a school district, or to any individual employed by a board of cooperative services. The department shall promulgate such rules by December 1, 2008, and every three years thereafter.

(b) A fee is required for the administration of driving tests by the department. The department shall set the fee in accordance with section 42-2-114.5; except that the fee for the administration of the driving test to an employee or volunteer of a nonprofit organization that provides specialized transportation services for the elderly and for persons with disabilities, to any individual employed by a school district, or to any individual employed by a board of cooperative services shall not exceed forty dollars.

(c) The department may provide by rule for reduced fees for applicants who are retested after failing all or any part of the driving test.

(d) The department shall forward all fees collected for the administration of driving tests to the state treasurer, who shall credit them to the licensing services cash fund.

(4) An annual license fee is required for a commercial driver’s license testing unit. The department shall set the fee in accordance with section 42-2-114.5. The department may provide by rule for reduced license fees for testing units operated by nonprofit organizations that provide specialized transportation services for the elderly and for persons with disabilities, by school districts, or by boards of cooperative services. The provisions of this subsection (4) do not apply to any public transportation system.

(5) An annual license fee is required for a commercial driver’s license driving tester. The department shall set the fee in accordance with section 42-2-114.5. The department may provide by rule for reduced license fees for employees or volunteers of nonprofit organizations that provide specialized transportation services for the elderly and for persons with disabilities, for individuals employed by school districts, or for individuals employed by boards of cooperative services. The provisions of this subsection (5) do not apply to any public transportation system.

(6) The department shall forward all fees collected for the issuance of testing unit licenses and driving test licenses under subsections (4) and (5) of this section to the state treasurer, who shall credit the fees to the licensing services cash fund.

(7) Notwithstanding the amount specified for any fee in this section, the executive director of the department by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

42-2-407. Licensing of testing units and driving testers – hearings – regulations.

(1) Commercial driver’s license driving tests may be performed only by employees of the department or by commercial driver’s license driving testers employed by commercial driver’s license testing units.

(2) The department is hereby authorized to issue, deny, suspend, or revoke licenses for the operation of commercial driver’s license testing units. The department shall furnish all necessary instructions and forms to such testing units.

(3) The department is hereby authorized to issue, deny, suspend, or revoke licenses for commercial driver’s license driving testers. The department shall furnish all necessary instructions and forms to such driving testers.

(4) The department shall supervise the activities of testing units and driving testers. The department shall provide for the inspection of testing units. Testing units shall be open for business at reasonable hours to allow inspection of the operations of such testing units.

(5) Testing units shall keep records as required by the department and shall make such records available to the department for inspection.

(6) The department shall require the surrender of the license of any commercial driver’s license testing unit or commercial driver’s license driving tester upon the suspension or revocation of such license.

(7) Any person aggrieved by the denial of issuance, denial of renewal, suspension, or revocation of a testing unit license or driving tester license shall be entitled to a hearing. Hearings held under this subsection (7) shall be conducted by a hearing officer before the department. Such hearing shall be held within thirty days after a written request for a hearing is received by the department. Such hearing shall be held before a hearing officer of the department and shall be held at the district office of the department which is nearest to the residence of the licensee, unless the hearing officer and the licensee agree that such hearing may be held at some other district office. Such hearing officer may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books, records, and papers at such hearing. The aggrieved person shall not perform any act under the license pending the outcome of such hearing.

(8) The department shall adopt regulations for the administration and operation of commercial driver’s license testing units and the conduct of commercial driver’s license driving testers.

42-2-408. Unlawful acts – penalty.

(1) It is unlawful for any person other than an employee of the department to perform commercial driver’s license driving tests, to act as a commercial driver’s license testing unit, or to act as a commercial driver’s license driving tester unless such person has been duly licensed by the department under the provisions of section 42-2-407.

(2) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.

42-2-409. Unlawful possession or use of a commercial driver’s license.

(1) (a) A person shall not have in his or her possession a lawfully issued commercial driver’s license knowing that the license has been falsely altered by means of erasure, obliteration, deletion, insertion of new information, transposition of information, or any other means so that the license in its altered form falsely appears or purports to be in all respects an authentic and lawfully issued license.

(b) A person shall not fraudulently obtain a commercial driver’s license.

(c) A person shall not have in his or her possession a paper, document, or other instrument that falsely appears or purports to be in all respects a lawfully issued and authentic commercial driver’s license knowing that the instrument was falsely made and was not lawfully issued.

(d) A person shall not display, or represent as being his or her own, a commercial driver’s license that was lawfully issued to another person.

(e) A person shall not fail or refuse to surrender to the department upon its lawful demand a commercial driver’s license issued to the person that has been suspended, revoked, or cancelled by the department. The department shall notify in writing the district attorney’s office in the county where the violation occurred of all violations of this paragraph (e).

(f) A person shall not permit the unlawful use of a commercial driver’s license issued to the person.

(g) A person shall not photograph, photostat, duplicate, or in any way reproduce a commercial driver’s license or facsimile thereof for the purpose of distribution, resale, reuse, or manipulation of the data or images contained in the commercial driver’s license unless authorized by the department or otherwise authorized by law.

(2) A person who violates a provision of subsection (1) of this section commits a misdemeanor and shall be punished as follows:

(a) Imposition of a fine of not less than five hundred dollars and not more than one thousand dollars for a first offense; or

(b) Imposition of a fine of not less than one thousand dollars and not more than two thousand dollars for a second or subsequent offense within five years after the first offense.

(3) (a) Upon receipt of a notice of conviction under this section, the department shall permanently revoke the person’s right to receive a commercial driver’s license.

(b) A notice of revocation under this section shall be mailed to the person by the department in compliance with section 42-2-119 (2).

(c) Upon receipt of the notice of revocation, the person or the person’s attorney may request a hearing in writing. The department, upon notice to the person as provided in section 42-2-119 (2), shall hold a hearing as soon as practicable at the district office of the department closest to the residence of the person; except that, at the discretion of the department, all or part of the hearing may be conducted in real time by telephone or other electronic means in accordance with section 42-1-218.5.

(d) The order of the hearing officer is the final agency action and may be appealed under section 42-2-135. A petition for judicial review must be filed within thirty-five days after the date of the order.

(4) A court shall not accept a plea of guilty to another offense from a person charged with a violation of this section; except that the court may accept a plea of guilty to another offense upon a good faith representation by the prosecuting attorney that the attorney cannot establish a prima facie case if the defendant is brought to trial on the original offense.

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