Denver Colorado Criminal Defense Lawyers
Alcohol Revocations Prior to Court Conviction
What is an express consent (refusal) revocation hearing and how long can they take my license?
If a police officer acting with probable cause requests that you take a blood, breath or urine test and you refuse, the State of Colorado may revoke your license for one year on a first refusal, two years on a second refusal and three years on a third or subsequent refusal.
This revocation runs consecutive to any other revocation in effect against your driving privilege. You are entitled to a hearing regarding your alleged refusal if you request a hearing, in writing within seven days from the date of the alleged refusal. You should always request a hearing. Furthermore, you should seek an attorney who can represent you at your hearing. Many issues can arise which will make an express consent revocation of your license illegal.
What is a "per se" revocation and how long can they take my license?
If a police officer, acting with probable cause, requests that you take a blood or breath test and the test reveals an alcohol content in excess of .08, the State of Colorado may revoke your license for nine months on a first "per se" action and one year on a subsequent offense. You should seek a criminal defense attorney who can represent you at your hearing. Many issues can arise which will make a revocation of your license illegal.
Revocations After an Alcohol Conviction
If I am convicted of an alcohol offense, how long can they take my license?
If you are convicted of a DUI, motor vehicle will suspend your license for nine months on a points suspension. If this is a first offense, you are eligible for a interlock license after 30 days. If you have no issues with interlock for four months, you can then reinstate fully.
If you are convicted of a second DUI or DWAI within five years, the motor vehicle department will revoke your license for two years. If you are convicted of a third alcohol offense or any other "major traffic violation" within seven years, you will lose your license for five years as a habitual traffic offender. If you are convicted of a third offense within a lifetime, but outside seven years, you will lose your license for two years. This statute applies even if the convictions occurred 30 or more years ago.
Can I get a restricted license to go to and from work?
If you are convicted of a DUI, motor vehicle will suspend your license for nine months on points. If this is a first offense, you are eligible for a interlock license after 30 days. If you are convicted of a second DUI or DWAI within five years or a third outside seven years, the motor vehicle department will revoke your license for two years. However, you can get interlock after one (1) year of no driving.
If you are convicted of a third "major traffic violation" within seven years, you will lose your license for five years as a habitual traffic offender. If you are convicted of a second or more alcohol offense, you can only get a restricted license if you agree to put an "interlock" device in your car.
An "interlock" device requires you to provide a breath sample prior to starting your car and intermittently after you start your car. You should consult a good attorney to appear at your hearing.
Driving Under Alcohol Revocation
First Offense
If you know you are under a valid alcohol related revocation and you drive anyway, you can be convicted of driving under revocation. Furthermore, during the pendency of your case, you may be required to post a $10,000 bond. Unless you drive under an "emergency" situation, a first conviction for driving under revocation requires a judge to impose between 30 days and one year in jail.
The absolute minimum is 30 days on a first offense and there is no guarantee that the judge will impose the minimum, especially if you have a prior driving under revocation conviction more than five years ago. On a first offense, the judge must impose a fine of between $500 and $1,000. You will also face an additional one year revocation of your driving privileges calculated from the date you were eligible to reinstate on the date you got caught driving.
Finally, a driving under revocation conviction constitutes a habitual strike against your driving record. After three major traffic violations within seven years, the Department of Motor Vehicles must revoke your license for five years. You should seek an attorney who can reduce the potential penalties in your case and perhaps retain your driving privileges.
Second Offense
Within five years if you know you are under a valid alcohol related revocation and you drive a second time within five years you can be convicted of driving under revocation. Furthermore, during the pendency of your case, you may be required to post a $10,000 bond. A second driving under revocation offense carries a jail sentence of between 90 days and two years.
The absolute minimum is 90 days in jail on a second offense with no guarantee that the judge will impose the minimum, especially if you have more than one prior offense. On a second offense, the judge must also impose a fine from between $500 and $3,000 in addition to court costs. Also, a second conviction within five years requires a four year revocation which runs from the date of conviction.
Finally, a driving under revocation conviction constitutes a habitual strike against your driving record. After three major traffic violations within seven years, the Department of Motor Vehicles must revoke your license for five years. You should seek a good attorney who can reduce the potential penalties in your case and perhaps retain your driving privileges.
Non-Alcohol Related Revocation
First Offense
If you know you are under a valid "non-alcohol" related revocation and you drive, you can be convicted of driving under revocation. Unless you drive under an "emergency" situation, a conviction for driving under revocation requires a judge to impose between five days and six months in jail. On a first offense, five days is the minimum.
There is no guarantee that the judge will impose the minimum, especially if you have prior driving under revocations more than five years ago. The judge must also impose a fine of between $50 to $500, in addition to court costs. You will also face an additional one year revocation of your driving privilege.
The additional one year is calculated from the date you were eligible to get your license back when you got caught driving. You should seek a good attorney who can reduce the potential penalties in your case and perhaps retain your driving privileges.
Second Offense
Within Five Years if you know you are under a valid "non-alcohol" related revocation and you drive, you can be convicted of driving under revocation. Unless you drive under an "emergency" situation, a second conviction for driving under revocation requires a judge to impose between 30 days and one year in jail. Also, a second conviction within five years requires a three year revocation which runs from the date of conviction.
Finally, a driving under revocation conviction constitutes a habitual strike against your driving record. After three major traffic violations within seven years, the Department of Motor Vehicles must revoke your license for five years. You should seek a good attorney who can reduce the potential penalties in your case and perhaps retain your driving privileges.
