You have 7 days to request a hearing with the DMV. If you fail to do so, your license may be automatically
suspended. Colorado's laws are complex and can be confusing. Don't try to handle this
alone. Zero Tolerance: Being charged with either DUI or DWA I is a serious offense, and a
conviction could result in fines, loss of driver's license, higher car
insurance, and even possibly time in prison. When you are ticketed for either in
Colorado, two cases will be initiated. One is an administrative case filed by
the DMV to determine whether or not you keep your driver's license. The other is
a criminal case. When you are ticketed for DUI or DWAI (received a notice
of revocation), You have 7 days to request a hearing with the DMV.
Find a Colorado DUI Attorney
Protect your rights: call our toll-free number 1-866-995-9410 OR
fill out the Free DUI Consultation Form. Simply click on the
county where you were ticketed in the chart below. Our Colorado Criminal Defense
Lawyers have proven track records in representing those accused of drunk
driving. Getting expert legal help with your Colorado DUI can
be affordable and easy. Our Colorado DUI Attorneys offer a free
initial case evaluation and flexible payment options.
Call us at 1-866-995-9410 or click on your county to find a
Colorado DUI defense attorney to champion your rights. Fill out our free
form or call our toll-free number. We can help you find the right attorney for
your case.
Colorado
law establishes two drinking and driving offenses. When a motorist over the age
of 21 has a blood alcohol content between .05% and .0799%, the charge is called
Driving While Ability Impaired (DWAI). If the BAC is .08% or higher, it is
termed Driving Under the Influence (DUI). Offenders with a BAC at or above this
level could face Enhanced Penalty Standards (additional jail time, harsher
fines, and more severe driver's license sanctions). Colorado also has Express
Consent law ("per se"), which means that by obtaining and using a Colorado
Driver's License, you have already given your consent to undergoing chemical
tests requested by law enforcement in the case of a suspected DUI or DWAI.
Driving while under the age of 21 with a blood
alcohol content of .02 to .08 is a separate traffic offense. Penalties include
mandatory loss of your driver's license, up to 24 hours community service,
alcohol evaluation, alcohol education classes and fines.
If you fail to do so, your license may be automatically suspended
Colorado's laws are complex and can be confusing. Don't try to handle this alone.
Below are DUI regulations and penalties taken from the Colorado DMV web page,
http://www.colorado.gov/cs/Satellite/Revenue-MV/RMV/1218536123301?rendermode=preview.html#1bac.08
Driving Under the Influence of a Controlled Substance
DEFINITION:
The restraint action is cause by a conviction in court for driving under the influence of certain controlled substances or while a habitual user of such a controlled substance. The revocation is ordered for one year.
REINSTATEMENT REQUIREMENTS:
TESTING:
A new license must be obtained by taking the eye, written and drive test.
Under 21 driver any one conviction for alcohol/drug use while driving
DEFINITION:
This revocation is taken when a driver under the age of 21 is convicted of an alcohol related driving offense, either DUI or DWAI. The revocation is for 1 year.
REINSTATEMENT REQUIREMENTS:
TESTING:
A new license must be obtained by taking the eye, written and drive test.
Revoke Per Se .08 - 1st time
DEFINITION:
Person is stopped by an officer and test is given to determine if the person was "drinking and driving". The person has 7 days to request a hearing. Three month revocation. After 30 days may be eligible for a Probationary Driver's License.
REINSTATEMENT REQUIREMENTS:
TESTING:
A new license may be issued without testing.
Under 21 Alcohol Stop with BAC .02 but less than .08
DEFINITION:
Persons under 21 if found operating a motor vehicle with an alcohol content of blood or breath shown to be .02 but less than .08 will be revoked.
1st - 3 months
2nd - 6 months
3 or more - 1 year
REINSTATEMENT REQUIREMENTS:
1st
TESTING 1st time:
A new license may be obtained without testing.
2nd and 3rd
TESTING:
A new license must be obtained by taking the eye, written and drive test
Under 21 Per Se Alcohol Stop with BAC .02 but less than .05
DEFINITION:
Persons under 21 is convicted in court of operating a motor vehicle with an alcohol content of blood or breath shown to be .02 but less than .05 will be revoked.
1st - 3 months
2nd - 6 months
3 or more - 1 year
REINSTATEMENT REQUIREMENTS:
1st
2nd and 3rd
TESTING FOR ALL:
A new license must be obtained by taking the eye, written and drive test
Under 21 convicted of DUI or DWAI
DEFINITION:
This revocation is taken when a driver under the age of 21 is convicted of an alcohol related driving offense, either DUI or DWAI. The revocation is for 1 year.
REINSTATEMENT REQUIREMENTS:
TESTING FOR ALL:
A new license must be obtained by taking the eye, written and drive test
Revoke Per Se .08 second stop
DEFINITION:
The person has 7 days to request a hearing. One year revocation (second offense)
REINSTATEMENT REQUIREMENTS:
TESTING:
A new license must be obtained by taking the eye, written and drive test.
Revoke Per Se .08 Third or subsequent offense
DEFINITION:
The person has 7 days to request a hearing . Two year revocation for third or subsequent offense in a lifetime.
REINSTATEMENT REQUIREMENTS:
TESTING:
A new license must be obtained by taking the eye, written and drive test.
Revoke Refusal
DEFINITION:
The person has 7 days to request a hearing . When a driver refuses a chemical test for either drugs or alcohol for a first offense, the period of revocation is for 1 year.
REINSTATEMENT REQUIREMENTS:
TESTING:
A new license must be obtained by taking the eye, written and drive test.
Revoke Two Refusals
DEFINITION:
The person has 7 days to request a hearing. When a driver refuses a chemical test for drugs or alcohol for a second offense, the period of revocation is for 2 years. May request early reinstatement after one year under revocation, then eligible for a restricted license with interlock for time remaining on the total restraint or 1 year, whichever is longer.
REINSTATEMENT REQUIREMENTS:
Voluntary Interlock Early Reinstatement: Besides the above requirements a certificate of installation of interlock device and a signed lease agreement on all vehicles on which your name appears on the registration and any other vehicle you may drive, Ignition Interlock Agreement Affidavit (DR 2058). Lease agreement must cover the remainder of the restraint period or 1 year, whichever is longer.
TESTING:
A new license must be obtained by taking the eye, written and drive test.
Revoke Three Refusals
DEFINITION:
When a driver refuses a chemical test for either drugs or alcohol for a third or subsequent offense, the period of revocation is for 3 years. May request early reinstatement after one year under revocation, then eligible for a restricted license with interlock for time remaining on the total restraint or 1 year, whichever is longer.
REINSTATEMENT REQUIREMENTS:
Voluntary Interlock Early Reinstatement:
Besides the above requirements a certificate of installation and a signed lease agreement on all vehicles on which their name appears on the registration and any other vehicle the person may drive, Ignition Interlock Agreement Affidavit (DR2058 ). Lease agreement must cover the remainder of the restraint period or 1 year, whichever is longer.TESTING:
A new license must be obtained by taking the eye, written and drive test.
Felony and Non-Felony Drug
DEFINITION:
Action taken when a driver is convicted for certain felony drug charges or if under the age of 21, non-felony drug offense. Three months suspension (1st time) or one year (multiple) is ordered from the date of conviction. A plea of no contest or a deferred sentence will have the same effect as a conviction.
CHANGE IN STATUTE EFFECTIVE 8-5-09;
If your conviction date is 8-5-09 or after, a suspension will no longer be taken. House Bill 09-1266 repealed the suspension.
REINSTATEMENT REQUIREMENTS:
TESTING:
A new license may be obtained without testing.
Two Alcohol Convictions
DEFINITION:
This restraint is taken when a driver receives two alcohol violations in a 5 year period. The revocation is ordered for a period of one year.
REINSTATEMENT REQUIREMENTS:
In addition to the above requirements the Ignition Interlock Device must be installed if one alcohol offense occurred on or after 7/1/00.
You must hold a restricted license for at least one year prior to applying for a regular driver license. If offense occurred on or after July 1, 2004 the interlock requirement and restricted license must be held for two (2) years.
TESTING
A restricted license must be obtained by taking the eye, written and drive test in an interlock vehicle.
Three Alcohol Convictions
DEFINITION:
This restraint is taken when a driver receives three or more alcohol violations over the lifetime of the driving record. The revocation is ordered for a period of 2 years.
REINSTATEMENT REQUIREMENTS:
In addition to the above requirements the Ignition Interlock Device must be installed if one alcohol offense occurred on or after 7/1/00.
You must hold a restricted license for at least one year prior to applying for a regular driver license. If offense occurred on or after July 1, 2004 the interlock requirement and restricted license must be held for two (2) years.
TESTING
A restricted license must be obtained by taking the eye, written and drive test in an interlock vehicle.
We can help you get the legal representation you need to fight your drunk driving charge in Colorado and possibly minimize or avoid such consequences as court costs, fines, probation, community service, penalties, jail time and a criminal record.
Our Colorado Criminal Defense Lawyers have proven track records
in representing those accused of drunk driving. Getting expert legal help with
your Colorado DUI can be affordable and easy. Many of our
Colorado DUI Lawyers offer a free initial case evaluation and
flexible payment options.
Colorado
Driver's Information:
Motor Vehicle Department: www.colorado.gov/revenue/dmv
DUI Laws:http://74.125.155.132/search?q=cache:Y_IoRe1RfRgJ:www.state.co.us/gov_dir/leg_dir/olls/PDF/COLORADO%2520DRUNK%2520DRIVING%2520LAWS.pdf+colorado+drunk+driving&cd=15&hl=en&ct=clnk&gl=us
Driver's Manual: (.pdf): http://www.colorado.gov/cs/Satellite/Revenue-MV/RMV/1212657832969
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