March 15, 2016

How a CO DUI can affect driving privileges

How a CO DUI can affect driving privileges

Whether your driver’s license will be suspended following a Colorado DUI arrest will depend on at least a few different factors, including:

  • Whether you submitted to chemical testing during the stop – In other words, did you take a breath test or submit to a blood draw to evaluate your BAC? If you did, then you will have the opportunity to try to retain your driving privileges at a DMV hearing1 (the next point). If, however, you refused chemical testing, then your driver’s license will automatically be suspended for at least one year (for a first-time refusal); with each subsequent refusal, the suspension will increase by one year.
  • Whether you requested a DMV hearing following the arrest – To have the opportunity to retain your driving privileges following a DUI arrest in Colorado, you have to request a hearing with the DMV within seven (7) days of your arrest. If you fail to make this request or you try to make this request after the deadline, an automatic driver’s license suspension will take effect – even if you are never charged with a DUI (or you are never convicted of drunk driving).
  • The outcome of the DMV hearing – For those who request a DMV hearing within the required timeframe, they will be able to present evidence as to why they should be able to retain their driving privileges before a DMV official. During this hearing, the arresting officer may also show up (and, if so, be subject to cross examination). The presiding DMV official will then issue a decision, after hearing the evidence and facts, regarding whether to suspend driving privileges.

How Colorado DUI Convictions Can Impact Driving Privileges

When DUI arrests lead to convictions, the driving-related penalties that can come into play are outlined in the following table.

DUI Conviction Term of Suspension Other Driving-Related Penalties
1st DUI 9 mos. n/a
2nd DUI 1 yr. Ignition interlock device (IID) required in order to regain driving privileges
3rd DUI 2 yrs.

Please note that:

  • The above penalties are associated with misdemeanor charges and cases that do not involve aggravating circumstances, such as accidents, injuries or deaths.
  • The driving-related DUI penalties for CDL holders, as well as underage individuals, can vary from those stated above.
  • The convicted individual is responsible for covering the costs of license reinstatement and/or IIDs.

Contact a Broomfield DUI Attorney at The Datz Law Firm

If you have been arrested for or charged with a DUI in Colorado, a Broomfield DUI lawyer at The Datz Law Firm is ready to provide you with superior defense representation. At The Datz Law Firm, we know how stressful and consuming serious legal problems can be. That’s why we’re here to help you resolve your legal issues, get through these challenging times and move forward into a brighter future.

To find out more about your best DUI defense options and how we can help you, call us at (720) 256-2404, or email us using the contact form at the top of this page to schedule an initial consultation with us.

Although our office hours are from 8:30 a.m. to 5 p.m., we make ourselves available anytime of the day or night to talk about your important legal matters – or simply to discuss your worries and concerns. The bottom line is that we are flexible, available, and responsive.

__________________________________________________________

1: CDOT Information on Loss of Driving Privileges, DUI Hearings

Categories: CO DUI Cases, DUI, DUI Convictions