As previous entries of this blog have noted, refusing to take a blood or breath test when requested by a police officer in Colorado has a severe impact upon a person’s ability to drive. A driver’s first refusal to take a test under Express Consent leads to a one year suspension, a second refusal is a two year suspension, and a third or more is three years’ loss of driving privileges.[i] The driver will also be labeled a Persistent Drunk Driver by the state (even if the incident is the first alleged offense).
As one might expect, losing the ability to drive has severe impacts upon one’s life. The ability to work, take care of one’s family and carry on numerous activities can grind to a halt under such circumstances. Are there any remedies to this problem?
Yes, there are. A person who lost driving privileges for refusing testing under Express Consent can apply for a Colorado restricted license after a two month revocation period[ii] (in other words, the affected driver will lose driving privileges for at least two months no matter what). A restricted license comes with a number of conditions:
- the person must contact the Colorado Department of Revenue, Department of Motor Vehicles to start the process for early Colorado license reinstatement[iii];
- the driver must have an interlock device on the vehicle.[iv] An interlock device is installed on the car, measures breath alcohol content before the automobile is started, and periodically samples breath during its operation;
- the individual must complete a Level II alcohol and drug education program[v]; and
- the driver must submit “proof of financial responsibility”[vi]. This is accomplished by obtaining high risk driver’s insurance (if the driver’s insurance carrier dropped him or her for the Persistent Drink Driver designation) and filing Form SR-22 with the Department of Motor Vehicles.[vii]
The first issue a driver should know is that these steps are rather pricey. Each one involves its own unique set of expenses, and they can accumulate to a significant amount over time.
The second issue an individual should be aware of is the steps can be complicated. Proper information must be submitted to correct government agencies at appropriate points in time. Approved vendors must be utilized for certain services, such as authorized installers of interlock devices or verified providers of Level II education classes.
Experienced attorneys who have handled hundreds of DUI and DWAI cases in Colorado, such as those at Mile High Legal, will have the necessary background to navigate the process and guide clients to successful license reinstatement. Call our offices today at (720) 969-5750 to get the assistance you need.
[i] § 42-2-126(3)(c)(I), C.R.S.
[ii] § 42-2-132.5(4)(a)(I), C.R.S.
[iii] https://dmv.colorado.gov/early-reinstatement-interlock
[iv] § 42-2-132.5(9), C.R.S.
[v] § 42-2-126, C.R.S.
[vi] § 42-7-406, C.R.S.
[vii] https://dmv.colorado.gov/sr-22-and-insurance-information
