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): 1st offense is a 9 month revocation, with early reinstatement after one month; 2nd offense is a 1 year revocation; 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.
Until January 1, 2014, refusal of chemical testing resulted in a one year revocation, with no early reinstatement, consecutive to any points-based revocation resulting from a conviction of DUI in court.
After January 1, 2014, a person who has refused chemical testing may apply for early reinstatement two months following the start date of their suspension. These individuals will be required to have the interlock installed in their vehicle for no less than one year or for the length of the period of revocation, whichever is longer.
Anyone losing their license due to a drinking and driving offense will be required to take the written and road exams over again prior to reinstating their driving privilege. The only drivers exempted from that rule are first time per se offenders and first time UDD offenders.
The process of getting your license back can take some time. DMV will take up to four weeks to process your reinstatement paperwork. Once that paperwork is processed, you can take the eye exam and the written exam, but may very well have to wait more than a month to schedule and complete a driving exam. The road exam can be taken with a private driving school, and this can be scheduled in advance to ensure reinstatement occurs within a reasonable amount of time.
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): 1st offense is a 9 month revocation, with early reinstatement after one month; 2nd offense is a 1 year revocation; 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.
Until January 1, 2014, refusal of chemical testing resulted in a one year revocation, with no early reinstatement, consecutive to any points-based revocation resulting from a conviction of DUI in court.
After January 1, 2014, a person who has refused chemical testing may apply for early reinstatement two months following the start date of their suspension. These individuals will be required to have the interlock installed in their vehicle for no less than one year or for the length of the period of revocation, whichever is longer.
Anyone losing their license due to a drinking and driving offense will be required to take the written and road exams over again prior to reinstating their driving privilege. The only drivers exempted from that rule are first time per se offenders and first time UDD offenders.
The process of getting your license back can take some time. DMV will take up to four weeks to process your reinstatement paperwork. Once that paperwork is processed, you can take the eye exam and the written exam, but may very well have to wait more than a month to schedule and complete a driving exam. The road exam can be taken with a private driving school, and this can be scheduled in advance to ensure reinstatement occurs within a reasonable amount of time.
Even if you win your DMV hearing, any conviction you receive in court will still impact your license and can cause a suspension. 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.
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