|
 |
If being arrested for dui and humiliated by the police is not enough, the Colorado Department of Revenue (DOR) is required by law to revoke the drivers license of any driver who tests dui, i.e., above 0.08 BAC.
This revocation is separate from any criminal charges which may be brought by the district attorney for dui. Pleading guilty to a lesser offense in court such as driving while impaired (dwai) will not save your driving privilege. The revocation will be imposed seven days after you receive a "Notice of Revocation" either from the officer who arrested you (in the case of refusals or breath tests) or directly from the DOR in the case of blood tests - unless you make a timely written request for a hearing.
If your breath test comes out over 0.08 BAC the police should issue you a Notice of Revocation and seize your license. It will take at least one to two weeks before you receive a Notice of Revocation from DOR if you took a blood test that comes back over 0.08 BAC. Notices for duid are sent only if you are convicted of duid during the court case against you.
Revocations go into effect seven days after the date of the offense, unless you request a hearing before a DOR hearing officer within that period. You may request a hearing at any DOR drivers license office.
Drivers license revocations of this sort last a minimum of three (3) months for a first time offense. On July 1, 2003 an amended § 42-2-126, C.R.S. went into effect which includes a probationary license program for first time offenders who have taken a test. This program increases the length of the license restrain imposed by DOR to six months total; no driving during the first month and a probationary drivers license for the next five months. The problem with this program is that during the probationary period, any moving violation whatsoever will result in cancellation of the probationary license for the rest of the five month period. This means that a three month revocation can turn into a six month revocation if you are stopped by police just once!
If you have had your license revoked before or failed to take a test, you can look forward to not driving for up to several years depending on your driving record and the circumstance of your case. If a driver refuses to take a dui or duid chemical test, DOR will impose a revocation of at least one (1) year for "refusal."
.WARNING! If you are not sure of the effect of a guilty plea under § 42-2-125 C.R.S. , contact a competent attorney before entering a plea. A guilty plea to dui, dwai or duid in the criminal phase of your case can result in a license revocation of two years or more! (See § 42-2-125, C.R.S.) Section 42-2-127 C.R.S. requires a license suspension of one year where a driver accumulates twelve points as a result of an alcohol conviction. For this reason, the drivers record of any person accused of an alcohol related offense should be review in depth before entering into a plea bargain.
One of the most frequently asked questions is whether probationary or "red licenses" are available to persons who are revoked for dui? As stated above, persons with first time DUI's may be eligible for red licenses after at least one month of no driving. I've noticed recently ( June 2004) that DMV has required some of my clients (notably those with BAC's near or over 0.20) to install an interlock device before they will authorize a probationary license of any kind. You other unfortunates - Forget it! Department of Revenue is prohibited from issuing any type of license to persons revoked for 2nd or subsequent DUI and refusals for at least one year. Person revoked for more than one year, usually persons with multiple dui convictions, can obtain a license under the "Interlock program" after one year. In most situations persons revoked for a year only will have to endure the entire revocation period without any license whatsoever.
If you are revoked for an alcohol related offense and drive anyway you face an additional year of no driving under under § 42-2-138 (3), C.R.S. Along with the additional revocation there is a mandatory jail sentence of thirty days which you must serve if convicted of Driving under restraint. If you must drive for work or to care for your family, then it is always a good idea to challenge the revocation before it goes into effect.