Understanding the DMV process after a DUI/DWAI in Colorado
If you are arrested for driving under the influence (DUI) or driving while ability impaired (DWAI) in Denver, Aurora, Lakewood, or other places in Colorado, your driver's license can potentially be suspended by the Department of Motor Vehicles (DMV) - even before you are convicted of the offense. Understanding the DMV consequences is crucial to protect your driving privileges.
License Suspension After DUI/DWAI Arrest
In Colorado, if you are arrested for DUI or DWAI and refuse to submit to a chemical test (breathalyzer, blood test, etc.), your license can be automatically suspended by the DMV for at least 1 year upon arrest.
Colorado's Express Consent Law requires any driver to consent to a chemical test if a police officer has reasonable grounds (or probable cause to believe the person is driving under the influence or their ability to operate a motor vehicle is impaired because of alcohol, drugs or both.
Colorado revokes driving privileges for any individual who fails to cooperate with the chemical testing process requested by an officer during the investigation of an alcohol or drug-related DUI arrest (CRS 42-2-126).
A first time refusal results in a one year revocation and a Persistent Drunk Driver designation. This designation requires the person to complete a Level II Alcohol and Drug Education and Treatment program. In addition, the person must hold a restricted license (Ignition Interlock) for a minimum of two years upon restoration or his or her driving privileges (CRS 42-2-132.5).
Even if you take the chemical test and fail by having a blood alcohol concentration (BAC) above the legal limit of 0.08% for DUI, the DMV can still suspend your license after an arrest. Often times, if you elect a breath test and you are over the limit within two hours of driving, the officer will take your license immediately. Given that the results of the blood test can take longer to process, your license will not be disturbed until the results are received. In that case, a revocation letter may be mailed to your address on file.
These administrative suspensions through the DMV happen separately from the criminal DUI/DWAI case. You only have a limited number of days after your arrest to request a DMV hearing to try to save your license.
License Suspension/Revocation After DUI/DWAI Conviction
If you end up pleading guilty or are convicted of DUI or DWAI in court, you will face additional DMV penalties, as drunk driving convictions add a certain amount of points to your license.
A conviction for DUI will result in 12 points being assessed against your license, while a DWAI will result in 8 points. This distinction is critical for most adult drivers, as the DMV may suspend your license if you accrue 12 points in a calendar year.
The DMV may also require you to install an ignition interlock device in your vehicle and pay fees to regain your driving privileges after the revocation period.
Fight to Protect Your License
The penalties for DUI and DWAI can extend far beyond just fines and potential jail time. With your ability to drive hanging in the balance through DMV suspensions and revocations, it's critical to mount a strong defense from an experienced DUI/DWAI lawyer like those at Tucker Legal Group.
Grant Grosgebauer understands all the DMV processes and requirements, and can fight to prevent you from losing your license or get it reinstated as quickly as possible after an arrest or conviction. Don't put your driving privileges at risk - contact us today for a free consultation on your DUI or DWAI case.
