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 your partner called the police during an argument and now wants the case dropped, you may assume the two of you can simply explain that to the court and move on. In Colorado, domestic violence cases do not work that way. Once police make an arrest or prosecutors file charges, the case belongs to the state, not the person who made the original report.
When someone is charged with a crime in Colorado, one of the first questions that matters is whether the offense is a felony or a misdemeanor. The difference affects where the case is handled, the possible jail or prison sentence, the amount of fines, and the long-term consequences of a conviction.
In general, misdemeanors are less serious offenses that are usually punishable by county jail time, probation, fines, or other
A bail or bond hearing in Colorado is one of the first major court appearances after a criminal arrest. It determines whether a person will remain in custody while their case moves forward or be released under specific conditions. Although it happens early in the process, the decisions made at this stage can influence the entire direction of the case.
In most situations, this hearing occurs within hours or days
