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.
If you or someone close to you is facing a DWAI or DUI charge in Colorado, it’s normal to feel confused or overwhelmed. The difference between these charges may seem small, but the legal consequences are very real, and they can impact your future in a big way.
If you’re unsure what comes next, talking to Kimberly Diego, a Denver Colorado criminal defense attorney can give you real answers and
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