For many individuals, the DMV consequences for a DUI are just as serious, if not more so, than any potential punishment in a criminal case. When you are arrested for DUI in Colorado, two proceedings are initiated: one in the criminal court system, and one in the DMV. You will need to request a hearing regarding your driving privileges within seven days of your DUI arrest, although, if you took a blood test, you will need to wait until you receive a letter from the DMV with your test result as they will not immediately know what your BAC was. This letter may take more than a month to arrive; it is important to ensure the DMV has your correct address on file to ensure the letter is received and therefore your hearing can be promptly requested. If you refused testing, you also will need to request the hearing in seven days.
If you request your hearing and that hearing is held prior to any conviction entering in the criminal court, you can expect the following to occur:
If your BAC over .08 (a “per se” revocation): a 1st offense is a 9 month revocation; a 2nd offense is a 1 year revocation; and a 3rd offense is a 2 year revocation. If you have a prior drinking and driving conviction, prior alcohol revocation, or BAC over .17, you will be considered a persistent drunk driver and will be required to complete Level II Alcohol Education & Treatment and have a restricted license for two years.
However, many individuals whose driving privileges have been suspended due to alcohol or drugs may be allowed to early reinstate ahead of their normal eligibility date. Early reinstatement is available only for Colorado residents 21 years or older at the time of their offense. On or after January 1 2023, any person whose privileges were suspended due to a per se or DUI conviction are eligible to early reinstate on the first day the revocation goes active – in other words, there is no longer a one month waiting period. If you refused chemical testing, you are able to reinstate early after two months.
Even if you win your DMV hearing, any conviction you receive in court will still impact your license and can cause a suspension if it puts you over the points limit. Your conviction will cause you to lose your license if it results in your having 12 or more points on your license within 12 months, or 18 or more points in 24 months.
If you have been charged with a DUI or DWAI and are looking for representation call Kimberly now at (720) 257-5346 for a FREE 45 min consultation.
Domestic violence charges in Colorado carry significant legal and social consequences. A conviction can result in jail time, fines, mandatory counseling, and a permanent criminal record, not to mention the potential damage to personal and professional relationships.
Perhaps the worst consequence for a parent is the possibility of being kept apart from your children – not for a conviction, just for being charged.
In Denver, as in many other jurisdictions, the intersection of substance abuse and domestic violence presents complex legal challenges. In this blog post, we will explore the relationship between substance abuse and domestic violence, how allegations of substance abuse can impact legal proceedings in Denver, and available resources for individuals seeking help. We will also discuss the importance of building a strong defense with an experienced criminal defense lawyer to
Trespassing is a common offense that occurs when an individual unlawfully enters or remains on another person’s property without permission. In Denver, trespassing can occur on both public and private property, but there are distinct differences in how these cases are handled under the law. Understanding these differences, including the legal standards, potential consequences, and defense strategies, is essential for individuals facing trespassing charges in Denver.
