§ 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whose driving privilege was revoked pursuant to section 42-2-126 (3)(a)(I) for a first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.

(c) Been convicted of any felony in the commission of which a motor vehicle
was used;

(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 or section 27-65-110 (4) or 27-65-127, 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 behavioral health administration 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) (Deleted by amendment, L. 2021.)

(II) Been convicted of violating section 18-13-122 (3) or 44-3-901 (1)(c) or (1)(d)
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 the present conviction, 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) Repealed.

(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;

(c) One year for a third or subsequent 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 pursuant to subsection (1)(m) of this
section, such revocation may 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 subsection (1)(m) of
this section is subject to the following revocation periods:

(I) (Deleted by amendment, L. 2021.)

(II) After a second conviction and failure to complete an ordered evaluation,
assessment, or program, six months;

(III) After any third or subsequent conviction and failure to complete an
ordered evaluation, assessment, or program, one year.

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

(c) Repealed.

(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.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2133, � 1, effective January 1, 1995. L. 95: (1)(m) amended, p. 314, � 2, effective July 1. L. 96: (1)(j) amended, p. 1207, � 1, effective July 1. L. 97: (1)(g) and (1)(i) amended and (1)(g.5), (2.5), and (2.7) added, p. 1460, �� 3, 2, effective July 1; (1)(m) amended, p. 305, � 22, effective July 1; (1)(n) and (7) added and (3) amended, p. 1537, �� 3, 4, effective July 1. L. 98: IP(2.5) amended, p. 173, � 2, effective April 6; (1)(k), (3), and (6) amended, p. 1434, � 3, effective July 1. L. 99: (1)(n) amended, p. 391, � 2, effective July 1; (2.3) and (2.4) added, p. 1158, � 1, effective July 1. L. 2000: (1)(g) and (2.4) amended, p. 1075, � 2, effective July 1; IP(1), (1)(g)(II), (1)(g.5), (1)(k)(II), (3), and (7) amended, p. 1353, � 24, effective July 1, 2001; (6)(c)(II) added by revision, pp. 1353, 1362, �� 24, 49. L. 2001: (4) amended, p. 553, � 3, effective May 23. L. 2002: (1)(i) amended, p. 1921, � 17, effective July 1; (1)(k) repealed, p. 1585, � 16, effective July 1. L. 2003: (1)(n) amended, p. 1905, � 5, effective July 1; (1)(o) and (2.8) added, pp. 1845, 1846, �� 3, 5, effective July 1. L. 2005: IP(1)(o) amended and (8) added, p. 647, � 15, effective May 27. L. 2007: (1)(d), (1)(o), (2), (2.3), (2.8), (3), IP(6)(a), (6)(b), and (8) amended, p. 504, � 3, effective July 1. L. 2008: (1)(g), (1)(g.5), and (1)(i) amended, p. 245, � 7, effective July 1; (1)(b.5) added and (1)(g)(I) and (2) amended, p. 832, � 2, effective January 1, 2009. L. 2009: (1)(m), (1)(n), (1)(o)(I), (3), (6)(a), and (7) amended, (HB 09-1266), ch. 347, p. 1816, � 8, effective August 5. L. 2010: (1)(h) amended, (SB 10-175), ch. 188, p. 807, � 85, effective April 29. L. 2011: (1)(i) amended, (HB 11-1303), ch. 264, p. 1179, � 101, effective August 10. L. 2012: (1)(b) amended, (HB 12-1311), ch. 281, p. 1631, � 88, effective July 1. L. 2013: (1)(b), (1)(g), and (1)(i) amended, (HB 13-1325), ch. 331, p. 1880, � 7, effective May 28. L. 2014: (1)(m) amended, (SB 14-129), ch. 387, p. 1939, � 11, effective June 6. L. 2015: IP(2.5) amended, (HB 15-1043), ch. 262, p. 997, � 6, effective August 5. L. 2016: (2.8) repealed, (SB 16-065), ch. 277, p. 1143, � 2, effective July 1. L. 2017: IP(1) and (1)(i) amended, (SB 17-242), ch. 263, p. 1257, � 20, effective May 25. L. 2018: (1)(m) amended, (HB 18-1025), ch. 152, p. 1082, � 23, effective October 1. L. 2021: (1)(m), (3), and (6)(a) amended and (1)(o) repealed, (HB 21-1314), ch. 460, p. 3093, � 2, effective January 1, 2022. L. 2022: (1)(i) amended, (HB 22-1278), ch. 222, p. 1577, � 200, effective July 1; (1)(h) amended, (HB 22-1256), ch. 451, p. 3238, � 51, effective August 10.