Can DMV Suspend Driver’s License After A DUI Or DWI Arrest?
Colorado DUI laws make it illegal to operate a motor vehicle while under the influence of alcohol or drugs. However, the state continues to battle high incidences of impaired driving that pose serious road hazards. A 2022 Division of Criminal Justice (DCJ) report reveals at least 26,000 impaired driving cases were filed in Colorado in 2019.
The Colorado Department of Motor Vehicles (DMV) can suspend your license immediately after a drunken driving arrest. However, an automatic license suspension doesn’t necessarily mean you will be off the road indefinitely. An experienced Steamboat Springs DUI defense attorney from Combs and Brown, LLC can help you get your license reinstated after a DUI suspension so that you can drive and get back to your life. Contact us today to schedule a free consultation.
How long will my license stay in suspension after a DUI in Colorado?
As mentioned earlier, you face an automatic license suspension after a DUI arrest in Colorado. Similarly, your license will be suspended if you don’t consent to a breath or chemical blood breath test after being pulled over by law enforcement officers on suspicion of DUI. The length of the suspension depends on whether this is your first DUI charge or subsequent offenses:
- The first DUI offense results in a nine-month license suspension
- Second DUI offense results in 12 months suspension
- Third and subsequent DUI offense results in a two-year suspension
Colorado’s Express Consent Law requires every driver to consent to a chemical test when stopped on suspicion of driving under the influence. If you refuse the test during the investigation of DUI, your license will be suspended as follows:
- The first offense attracts a one-year revocation
- The second offense attracts two-year revocation
- Subsequent violation attracts a three-year revocation
What is the process of license suspension in Colorado?
As mentioned earlier, the Colorado Department of Motor Vehicles (DMV) invokes license suspensions after DUI arrests. If your blood test sample exceeds the legal BAC limit, the arresting officer will file the Notice of Express consent Affidavit with the DMV. The DMV will then send a letter advising you to request a license reinstatement hearing within ten days from the date on the letter. If you don’t request, the hearing DMV will revoke your license on the 11th day after the date indicated on the DMV letter.
If you don’t consent to a breath or chemical test, the arresting officer will give you a Notice of Revocation advising you to request a license reinstatement hearing within seven days from the date of your arrest. If you don’t request the hearing, the DMV will revoke your license on the eighth day after the arrest.
How long will a DUI stay on my driving record?
In Colorado, a DUI conviction stays on your criminal record indefinitely. You are ineligible for an expungement once a judge or a jury finds you guilty of a DUI. DUI convictions have significant ramifications, some of which can linger for years. Apart from license suspension, a DUI conviction can result in the following:
- Fees and fines
- Loss of points on your license
- Participation in drunk driving education programs
- Jail time
- Costly insurance premiums
- Court-mandated community service
Can the DMV reinstate my license?
The law requires DMV to convene a license reinstatement hearing within 60 days of your request. During this time, the DMV can restore your driving privileges as your DUI case awaits a hearing. Generally, the DMV hearing gives you an excellent opportunity to challenge the charges against you, so you avoid conviction and the crippling restrictions on your license.
At your DMV hearing, an experienced criminal attorney from Combs and Brown, LLC can help you avoid the suspension altogether. We can argue against your license suspension and present evidence and testimony that you were not driving under the influence of DUI or drugs. We can also present evidence that the arresting officer made mistakes during the traffic stop and the testing process.
Contact Combs and Brown Law Office today
The impact of a DUI conviction can follow you for a long time. If you or a loved one has been charged with a DUI, you have limited time to request a DMV hearing. Contact a Steamboat Springs criminal defense lawyer from Combs and Brown, LLC, as soon as possible. We will work hard to win your DMV hearing so you can drive legally again. Contact us today to schedule a free consultation.