If you want to know if you can beat a DUI but still lose your license to drive in Colorado, the short answer is YES. This article will explain why this is so, and how you can keep your right to drive.
Colorado DUI – Consequences Beyond the Courts
After your arrest for a DUI (Driving Under the Influence) in Colorado Springs, your world is turned upside down. The weight of the charges looms heavily, and you find yourself overwhelmed by the potential consequences. Outside of the potential legal punishments that can affect you, there are far-reaching consequences that can haunt you for the rest of your life, such as having a criminal record, revocation of your right to carry a concealed weapon, limitations to employment, and damage to your reputation.
However, those only apply upon conviction for DUI in El Paso County criminal court.
One consequence you may continue to face for your drunk driving arrest is that you can beat a DUI but still lose your license to drive in Colorado. Here’s why.
The Dual-Pronged Battle
After your arrest for a DUI in Colorado, you will find yourself suddenly thrust into a dual-pronged battle: the criminal proceedings in court and the administrative process through Colorado’s Department of Motor Vehicles (DMV). Even if you successfully navigate the criminal charges, the DMV retains the authority to suspend or revoke your driving privileges.
The DMV’s decision on whether or not to revoke your license hinges on factors such as your blood alcohol content (BAC) level, refusal to submit to chemical testing, and prior DUI offenses.
The DMV’s Uncompromising Stance on DUI
The Colorado DMV adheres to strict guidelines regarding DUI-related license suspensions or revocations. Even if you successfully defend yourself against the criminal charges, you can beat the DUI and still lose your license.
Automatic License Suspension
Upon your DUI arrest, the arresting officer will likely issue you a Notice of Revocation, informing you of the impending suspension or revocation of your driver’s license. This automatic suspension kicks in unless you immediately request a DMV hearing in writing within the allotted time frame, typically within seven days.
Refusal to Submit to Chemical Testing
Refusing to submit to an officer’s request for a chemical test (blood, breath, or urine) can result in even more severe consequences. Colorado’s Express Consent Law mandates that all drivers consent to chemical testing if police suspect they are driving under the influence. Refusing to comply can result in an automatic license revocation for:
- First refusal: 1-year revocation
- Second refusal: 2-year revocation
- Third or subsequent refusal: 3-year revocation
You Might Like: What Happens If I Refuse a Breathalyzer Test in Colorado?
The DMV Hearing: Your Lifeline
While the DMV’s stance may seem uncompromising, you have a crucial opportunity to challenge the suspension or revocation of your license: the DMV hearing. This administrative hearing is a separate proceeding from your criminal case and provides a platform to present evidence and arguments against the proposed license suspension.
Acting Swiftly
Time is of the essence when it comes to requesting a DMV hearing. As stated above, Colorado allows you to request a hearing seven days from the date of your arrest or notice of revocation. If you fail to meet this deadline, you can beat a DUI but still lose your license.
The Hearing Process
A DMV administrative hearing officer will preside over the proceedings during the hearing. Your criminal defense attorney can cross-examine the arresting officer, present evidence, and challenge the validity of the chemical test results or the traffic stop’s legality.
The hearing officer will consider various factors, including:
- Whether or not there was probable cause to initiate the traffic stop
- Whether the chemical testing procedures were followed correctly
- The reliability and accuracy of the chemical test results
- Any mitigating circumstances or legal defenses that may apply
If the ruling is in your favor, your license suspension or revocation may be overturned, allowing you to keep your driving privileges while your criminal case proceeds.
Potential DMV Requirements to Reinstate Your Ability to Drive
If you are concerned that you will beat a DUI but still lose your license, there is good news. Colorado’s DMV offers a potential avenue for regaining limited driving privileges through installing an ignition interlock device and completing alcohol education classes.
An interlock ignition device requires the driver to breath into an alcohol detection device before the vehicle can start and serves as a safeguard against any future temptations to drive under the influence. The minimum period before you can apply for early reinstatement varies:
- If you completed a chemical test: 30 days
- If you refused chemical testing: 60 days
Early reinstatement of your driver’s license with an ignition interlock device is subject to additional requirements, such as completing alcohol education classes and adhering to strict monitoring protocols.
The DMV can impose these requirements outside of your criminal case. Failure to comply with the stipulations determined by the administrative hearing officer can result in not getting your driver’s license reinstated.
The Importance of Skilled Legal Representation
Navigating the intricate legal landscape surrounding a DUI charge on your own means that you can beat a DUI but still lose your license. And where this may be overwhelming to you, this is where the expertise of a skilled criminal defense attorney specializing in DUI defense becomes invaluable.
Related: Hiring a DUI Attorney? Avoid These Mistakes!
Finding the Right DUI Lawyer for Your Case
Hiring the right drunk driving lawyer for your case may require more than looking for billboard ads on your way home from work. You need an attorney with the experience to defend you against criminal charges and who can also represent you in the DMV hearings, explaining each step along the way and ensuring you meet critical deadlines.
You need an attorney who understands the profound effect it can have on your personal and professional life to beat a DUI but still lose your license – from the loss of your good reputation and the inconveniences involved to the strain on your family relationships.
For more information on what to look for in a drunk driving defense attorney, please visit our blog DUI Lawyer Free Consultation: 14 Questions You Must Ask.
After Hiring the Best Criminal Attorney Near You
Driving under the influence in Colorado is a criminal offense and requires a tenacious criminal defense team to prevent conviction. After hiring an attorney to represent you in court and at the DMV hearings, they should start working on your defense immediately.
As noted above, time is of the essence after your DUI arrest. Your defense team should start immediately by meticulously reviewing the arrest record, circumstances surrounding your arrest, the chemical testing procedures, and the arresting officer’s conduct to identify any potential legal defenses or procedural errors that can strengthen your case and allow you to keep your Colorado driving privileges.
Taking the First Step with James Newby Law
Facing DUI charges and the potential loss of your driver’s license can be an overwhelming and life-altering experience. However, by seeking the guidance and representation of a skilled DUI defense attorney, you can increase your chances of navigating these challenges successfully.
At James Newby Law, our team of experienced Colorado Springs DUI defense attorneys understand the complexities of Colorado’s DUI laws and the administrative aspects of these cases, ensuring that you don’t beat a DUI but still lose your license.
We understand the profound impact that a loss of driving privileges can have on your personal and professional life. That’s why we explore every avenue to secure the best possible outcome for you, whether that be challenging the suspension or revocation of your license, negotiating reduced charges, or mounting a vigorous defense in court.
Together, we will explore every available legal avenue to ensure you don’t beat a DUI but still lose your license.
Don’t let the fear of the unknown paralyze you. Take the first step toward reclaiming control of your situation by scheduling a free, confidential consultation with our dedicated DUI defense team.
