Understanding Driver’s License Points in Colorado

My traffic and DUI clients often ask about the Colorado drivers license point system point system and how their license will be affected after a traffic charge. If you have a Colorado driver’s license, you’ve probably heard of the “points system.” Points are how the Department of Revenue (DMV) tracks driving violations. If you collect too many points on your license within a certain period, it can result in a suspension or revocation of your driving privileges.

Below is a complete guide on how points work in Colorado, what offenses carry points, and what you can do if you’re facing a potential suspension. If you are suspended or revoked, there are defenses to DUR/DUS charges. There are also several ways a Colorado traffic lawyer can help to minimize the impact on your driving privileges.

What Are Driver’s License Points?

Every time you commit a traffic violation in Colorado, points are assessed against your driving record. The number of points depends on the severity of the offense. For example, minor speeding tickets carry fewer points than reckless driving or DUI.

Accumulating too many points in a given time period can lead to your license being suspended or revoked by the DMV.

How do Drivers license Points Work in Colorado?

Points are based on the date of the offense, not the conviction date. This means if you are convicted months later, the points still go back to when the ticket was issued.

Points from other states:

Colorado participates in the Driver’s License Compact. Meaning, Colorado will honor a suspension from California, Texas, etc. However, points in every state are different.

There isn’t a common standardized federal point system used throughout the country. Have I seen convictions from other states get reported back to Colorado and show up on a driver history? Yes. I think it depends state to state on what is reported, and how likely it is.

The best advice is to be careful in every state to obey traffic laws. Major violations (DUI, Reckless Driving, Hit and Run) can result in a suspension/revocation, depending on the State where it occurs, and other aggravating factors.

If I commit a violation in California, will it get reported to Colorado?

Yes, the violation can be reported. As I said above, Colorado and California are part of the Drivers License Compact (DLC), where member states share information about violations, suspensions and revocations.

If California suspends you, Colorado will too. Meaning, you need to clear up that out of state suspension before Colorado will reissue your license.

How Many Points Are Allowed?

For adults (21 and over), 11 points in a 12-month period, or 17 in a two-year period, is allowed before a suspension is triggered. Meaning 12 points and 18 points are the “magic” numbers to get you suspended.

The number of points you can accumulate before suspension depends on your age:

Age Group	Points Allowed Before Suspension
Under 18	6 points in 12 months OR 7 points total before age 18
Ages 18–20	9 points in 12 months OR 12 points in 24 months OR 14 points total before age 21
21 and older	12 points in 12 months OR 18 points in 24 months
Professional drivers (chauffeur’s license)	16 points in 12 months, 24 points in 24 months, or 28 points in 48 months

Common Colorado Traffic Offenses and Point Values

Violation	Points Assessed
Speeding 1–4 mph over limit	1 point
Speeding 5–9 mph over limit	3 points
Speeding 10–19 mph over limit	4 points
Speeding 20–39 mph over limit	6 points
Speeding 40+ mph over limit	12 points
Careless driving	4 points
Reckless driving	8 points
Failure to yield to emergency vehicle	4 points
Failure to stop at red light/stop sign	4 points
Driving without insurance	4 points
Leaving the scene of accident (hit and run, property damage)	12 points
DUI	12 points
DWAI	8 points

When Do Points Fall Off?

Points “count” on your driving record for two years from the date of the offense. After that, they no longer count toward suspension. However, the record of the violation itself will stay on your record forever in most situations (for example, DUI convictions remain permanently).

Most minor traffic violations are not sealable in Colorado. Cases like DUIs or DWAIs can only be sealed if they were dismissed, you were found not guilty at trial, or you successfully completed a deferred sentence.

Does a Deferred Sentence Still Count for Points?

No, points for charges that are deferred sentences or deferred judgments do not get sent to the DMV. This is true as long as you successfully complete the deferred.

If you are revoked, the points will then be reported. For example, you receive a deferred for careless driving. It is normally a 4-point charge. If you are given a 1-year deferred, neither the points nor the conviction will be reported to the DMV during the deferred.

If you violate the terms of the deferred sentence, you may be revoked, and a conviction and points will be entered. A deferred sentence is a great option when trying to avoid a conviction and/or points

On a DUI case, a deferred sentence is often an exceptional result. It will not cause a revocation unless you lose the per se hearing at the DMV. It will not count as points and will be dismissed at the end of the deferred term. Even better, after the deferred sentence for a DUI is dismissed, the charge is sealable in Colorado. DUI and DWAI convictions are not sealable in Colorado.

What Happens If I Get Too Many Points on My License?

If you exceed the allowable number of points for your age group, the DMV will issue a notice of suspension. You are entitled to a hearing where you can argue for a reduced penalty or request a probationary license.

Can I Get a “Red License” (Probationary License)?

Yes. In some cases, the DMV may allow a restricted license (commonly called a “red license”) that allows you drive to and from work, school, or medical appointments. Approval depends on your record, the type of violations, and your need for limited driving privileges.

You will only get one probationary license. My experience has been that many DMV hearing officers treat the probationary license pretty seriously, and it isn’t something that is guaranteed at a suspension hearing.

Suspension vs. Revocation

1. Suspension

Your license is temporarily withdrawn, but you can reinstate it after the suspension period (and fulfilling requirements such as fees, classes, or SR-22 insurance). This is common when you accumulate too many points, fail to pay child support, drive without insurance, have an outstanding judgment or warrant.

2. Revocation

Your license is canceled. You must reapply for a brand-new license after the revocation period, often with more requirements. This commonly happens in DUI cases.

What Happens If You’re Caught Driving Under Suspension?

Driving while suspended, or Driving under suspension (DUS) only carries a fine and additional term of suspension in Colorado. As long as it isn’t a DUI-related suspension/revocation you won’t serve jail time.

• First Offense: Additional 1-year suspension.
• Second offense (or more) within 5 years: Additional three-year suspension
• There is no possible jail sentence.

Note that it is only a class A traffic infraction in the state of Colorado to drive on a license that has been suspended due to having an outstanding judgment. The penalties include:

• $15 to $100 in fines
• 3 points against your license
• There is not a jailable offense.

If your suspension was related to alcohol or drug violations, the penalties can be even harsher, and you may be classified as a habitual traffic offender after multiple convictions.

DUR-Alcohol-related (DUI)

Class 2 Misdemeanor: 10-90 days in jail. Fine $150-$300

Additional suspension? Yes

DUR/ DUS (non-alcohol related)

Class-A traffic infraction: $15-$100 fine, some types carry points

Additional suspension period? Yes.

CRS Section 42-2-138 covers the law penalties and defenses to DUR/DUS charges.

Defenses to DUR/DUS

Knowledge: Under the Colorado Statute, there is an actual knowledge requirement. Meaning, you knew (or a reasonable person would’ve known) that your license was suspended.

From the Statute

“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.

Affirmative Defenses

The statute actively includes an affirmative defense. It reads:

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.

The Colorado points system can feel confusing, but the bottom line is simple: too many violations resulting in too many points, can suspend your license. If you’re facing a possible suspension or have received a DMV hearing notice, it’s important to speak with an experienced criminal defense and traffic attorney in your area.

Attorney Josh McDowell at The McDowell Law Firm has over 20 years of experience handling traffic matters. He has helped thousands of drivers in Colorado Springs by minimizing points, protecting their licenses, securing probationary driving privileges, and mitigating the impact a suspension has on their lifestyle.

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