A Department of Motor Vehicle administrative hearing will be held if your test result is .08 or over (.02 if you are under 21 years of age) or if you refused to take a chemical test. On first offenses the DMV will revoke your license for 9 months. You are eligible to reinstate after 1 month of no driving if you install an interlock device in your car. If you install the interlock, there are no limitations on where or when you can drive. There are provisions which may allow the interlock device to be removed early. If your license has been revoked on a prior offense in which you submitted to a chemical test, your driving privileges will be revoked for 1 year. If your license has been revoked on 2 prior offenses in which you submitted to a chemical test, your driving privileges will be revoked for 2 years. If you refused to take a chemical test and lose the hearing then your license will be revoked for 1 year on a first offense refusal, 2 years on a second refusal, and 3 years on a third refusal. You may also be eligible for early reinstatement if you install an interlock device in your car.
The courthouse is the second place your license is in jeopardy. In Colorado a driver aged 21 or over has 12 points in any one-year period. If you plead guilty to DUI, the period of suspension is 9 months. If your license was revoked for excess alcohol (BAC above .08), the revocations will run concurrently and the DMV will not suspend your license for any more time. DMV proceedings and court proceedings are hardly related at all. It is entirely possible to lose at DMV and not be convicted in court or vice versa.
People who have been previously convicted of DUI, DWAI or have been revoked by DMV in the past or revoked for an alleged refusal are subject to various rules regarding length of revocations and early reinstatement. The changes in Colorado DUI laws have made license issues very complicated. It is best to contact a lawyer as soon as you are charged or aware that there may be a problem. Our office offers a free initial consultation so don’t hesitate to call us.