Protecting Your Driver's License in Colorado
Most people do not understand the DUI laws and the consequences regarding their driver's license imposed by the Department of Motor Vehicles. That is why hiring an experienced DUI attorney is important. There are many variables to consider that only someone who is able to asses the evidence and the facts of the case can determine if those variables have been met.
If you have been arrested for DUI, DWAI, DUID, or UDD in Colorado and you consented to a breath or a blood test, the result of which is .08 or higher, you should have been given a Notice of Revocation. You have seven (7) days from the date of the Notice to request a hearing from the Colorado Department of Motor Vehicles. If you do not act within seven days (7), your right to a hearing regarding your drivers license is considered waived and your driver's license will be automatically revoked. The length of time it will be revoked depends on whether you have any prior alcohol-related driving convictions and if you are under 21.
I am Geri Joneson, a criminal defense lawyer in Fort Collins. As part of my legal representation in DUI/DWAI/UDD cases, I will represent you at your driver's license revocation hearing with the Colorado Department of Motor Vehicles. I offer a free initial consultation to let you know what to expect.
Should I Request a Hearing?
One of the main advantages of requesting a hearing (often called an "Express Consent" hearing) is that you will be given a temporary driver's permit for 60 days or until the date of the hearing, whichever comes first. If you waive your right to a hearing, your driver's license will be automatically revoked after the seventh day. You will be notified by mail at the address noted on the Notice of Revocation.
As your lawyer, I attend the DMV hearing on your behalf. If there are legal issues regarding the reason you were stopped or an invalid breath/blood test, I will challenge those issues at the hearing. For example, did the police officer have reasonable suspicion to stop you? Was the breath test administered within two hours of your stop? If your case was classified as a refusal, I will address the actions that were interpreted by the law enforcement officer to determine if it was indeed a refusal.
How Long Will My Driver's License Be Suspended?
How long your driver's license will be revoked depends on several things. If you are over 21 and you are convicted of a first offense DUI, you will lose your driver's license for a period of one year. You may however, be eligible for a restricted/probationary driver's license. If you are over 21 and you are convicted of a DWAI, you will lose your drivers license for a period of 9 months. Regardless, the first 30 days of the revocation, you cannot drive. The Department of Motor Vehicles makes no exceptions.
If this is your first offense, after the first 30 days, you can apply to get a probationary license as long as you install an ignition interlock on your vehicle. If you don't test positive for alcohol for four months, you can get your driver's license reinstated early. The ignition interlock costs approximately $100 to have installed and about $60 to $76 a month to maintain.
If you are under 21, your license will be revoked for one year and you are ineligible for a restricted/probationary license.
Many people believe they can handle a DUI/DWAI case on their own-and you can. But you shouldn't. There are too many issues that can affect the ultimate outcome that only an experienced DUI attorney can handle.
Free Attorney Consultation
Don't face driver's license suspension alone. To schedule a free initial consultation with me, defense lawyer Geri Joneson, call 970-482-6000 or fill out the contact form on this Web site.
