I received a letter from the Colorado Dept of revenue regarding a hearing to suspend my license. I pulled my dmv report & it says I have 0 points in the last 12 months. What do I do?

Thank you for your question. You are right to be concerned, and you should act soon to preserve your driving privileges. 

The Colorado Department of Motor Vehicles, which falls under the Colorado Department of Revenue, can suspend or revoke a driver's license for several reasons that do not involve accumulating active points on your driving record. Zero points on your driving record in the last 12 months does not protect you from administrative actions that can trigger a suspension. 

The written notice of suspension you received is legally required to clearly specify: 

• the exact reason and statutory grounds for your suspension, 

• the effective date of the suspension, 

• your right to request a hearing, 

• and the deadline to make that request. C.R.S. 42-2-127.9 

To contest the suspension or request a probationary license, you must act quickly. If the suspension is based on an administrative driving infraction, you must submit a written request for a hearing within seven days after receiving (or being deemed to have received) the notice of suspension. C.R.S. 42-2-127.7 

If you submit the request after the seven-day period, you must include a verified statement explaining why you didn’t submit the request on time (e.g., a lack of actual notice or a physical incapacity like hospitalization). Otherwise, your right to a hearing is waived, and the suspension becomes final. C.R.S. 42-2-127.7 

Here are some reasons the Colorado DMV can suspend licenses that don’t involve active points: 

1. Excess BAC or Chemical Test Refusal: The DMV is authorized to administratively revoke driving privileges for driving with an excess blood alcohol content (BAC) or for refusing to take or complete a chemical test of your blood, breath, saliva, or urine. C.R.S. 42-2-126

2. Accidents Involving Serious Injury or Death: The DMV may suspend the license of a driver who was involved in an accident resulting in serious bodily injury or death and failed to immediately stop or remain at the scene. C.R.S. 42-2-127.9. 

3. Child Support Noncompliance: Upon receiving a notice of failure to comply with a court or administrative child support order from the state child support enforcement agency, the DMV is required to suspend your driver's license. C.R.S. 26-13-123. 

4. Lack of Proof of Insurance/Financial Responsibility: Under certain circumstances, such as failing to provide proof of insurance/financial responsibility (such as an SR-22 or other evidence of insurance), the DMV may suspend or refuse to reinstate a license. C.R.S. 42-7-406. 

I hope this helps. If you’d like to speak with a member of our Criminal Defense Team about the issue, you can schedule a consultation online or call our office at 303-688-0944 to find a convenient time.