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Being charged with driving under the influence (DUI) in Colorado can have serious consequences, and one of the most immediate concerns for many drivers is the potential impact on their driver’s license. Losing the ability to drive can affect your work, family responsibilities, and daily life. In Colorado, a DUI conviction can lead to both criminal penalties and administrative actions against your license.
What Happens to Your License After a DUI Arrest?
After being arrested for a DUI in Colorado, your license is not automatically suspended. Instead, Colorado has an administrative process through the Department of Motor Vehicles (DMV) that handles the initial suspension of driving privileges. When you are arrested for DUI, the arresting officer will issue a notice of license suspension, which serves as a temporary driving permit for seven days. During this time, you have the right to request a hearing with the DMV to challenge the suspension.
It is crucial to act quickly after a DUI arrest, as you only have seven days from the date of your arrest to request this hearing. If you fail to request a hearing, your license will automatically be suspended. The length of the suspension depends on whether this is your first DUI offense or if you have prior convictions.
How Long Will Your License Be Suspended for a DUI Conviction?
The length of time your driver’s license will be suspended following a DUI conviction depends on several factors, including whether you have prior DUI convictions and your blood alcohol content (BAC) at the time of the arrest. In Colorado, the typical suspension periods are as follows:
- First Offense: A first-time DUI conviction typically results in a nine-month suspension of your driver’s license. However, you may be eligible to apply for a restricted license after one month if you agree to install an ignition interlock device (IID) in your vehicle.
- Second Offense: A second DUI conviction can lead to a license suspension of one year. You may be able to apply for a restricted license after serving at least one month of the suspension with the installation of an IID.
- Third Offense: For a third DUI conviction, your driver’s license could be suspended for up to two years. Again, you may qualify for a restricted license after serving a portion of the suspension with the installation of an IID.
- High BAC: If your BAC was 0.15% or higher, known as a "persistent drunk driver" (PDD), you will face more severe penalties, including a mandatory suspension of your license and a requirement to install an IID for at least two years.
For repeat offenders, the penalties become even more severe. The DMV may impose longer suspension periods, and the courts may also increase the length of any license suspensions if the DUI conviction is part of a pattern of offenses.
Ignition Interlock Device: A Path to Restricted Driving
If your license has been suspended due to a DUI conviction, you may be eligible to apply for a restricted driver’s license. A restricted license allows you to drive under specific conditions, usually with the requirement that you install an ignition interlock device (IID) in your vehicle. An IID is a breathalyzer that is connected to your vehicle's ignition system. Before starting your car, you must blow into the device to measure your BAC. If your BAC is above a certain threshold, the vehicle will not start.
To obtain a restricted license, you must meet specific criteria, including completing a portion of your suspension period and installing the IID at your own expense. Once the device is installed, you are required to maintain it for a set period, usually between one to two years, depending on the severity of the offense. This option allows drivers to regain some of their driving privileges while demonstrating responsible behavior on the road.
Steps to Reinstating Your Driver’s License After a DUI Suspension
After your license suspension period has ended, you can apply to have your driving privileges reinstated. The process for reinstating your license in Colorado involves several steps:
- Complete the suspension period and any other court-ordered penalties, such as community service, DUI education courses, or alcohol treatment programs.
- Pay any reinstatement fees required by the Colorado DMV.
- If required, maintain an IID for the specified period.
- Submit proof of SR-22 insurance, which is a form of high-risk insurance required for those convicted of DUI. Your insurance provider will file this proof with the DMV.
It’s important to note that failing to comply with any of these steps can result in the continued suspension of your driving privileges. It’s recommended to consult with a DUI attorney to ensure that you follow all necessary procedures and avoid unnecessary delays in getting your license back.
How a DUI Attorney Can Help Protect Your Driving Privileges
A DUI conviction in Colorado can have serious consequences for your driving privileges, but you don’t have to face these challenges alone. Working with an experienced DUI attorney can help you navigate the complexities of both the criminal court system and the administrative processes handled by the DMV. Your attorney can represent you at the DMV hearing, challenge the evidence against you, and work to minimize the impact on your driver’s license.
In some cases, it may be possible to reduce the charges or negotiate for less severe penalties that allow you to keep your license or shorten the suspension period. If you’ve been charged with a DUI, seeking legal help as soon as possible can make a significant difference in the outcome of your case and the future of your driving privileges.
If you’re facing a DUI charge in Colorado and are concerned about how it will affect your driver’s license, don’t hesitate to contact us today to discuss your options. We are here to help you protect your rights and work towards the best possible outcome for your case.