CO HB1073

Drivers may challenge the validity of a law enforcement officer's initial contact and subsequent arrest during administrative license revocation hearings.

If a driver successfully challenges the initial contact or arrest and evidence does not establish the contact was constitutionally and statutorily valid, the driver is not subject to license revocation.

The changes apply to administrative proceedings where the hearing officer finds facts and applies law for incidents reported directly by law enforcement, and the revocation was not triggered by a conviction.

Amends Colorado Revised Statutes sections 42-2-126 and 42-1-228 to explicitly require hearing officers to consider constitutional and statutory validity challenges raised by drivers.

Takes effect August 5, 2015, unless a referendum petition is filed, in which case it requires voter approval at the November 2016 general election.