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When you are charged with a DUI, two processes begin that can revoke your license: the DMV process and the Court process. Both processes can affect your license and determine the length of your suspension. If you refused a chemical test, under the Colorado Express Consent law you will typically lose your license for a period of one year.
Before January 1, 2009 if you did a chemical test and you were above the legal limit you will receive a 90 day suspension for your first offense. In some cases you may elect to lose all driving privileges for 30 days followed by 150 days of restricted driving privileges (typically to and from work and school etc.) instead of the 90 days revocation.
After January 1, 2009 if you lose the DMV hearing you will face 30 days of no driving followed by a period of interlock on your vehicle. If you were between .08-.169 BAC you will receive a 9 month suspension, but you may apply for early reinstatement with the interlock after 30 days of no driving. If your BAC was a .170 or above you will face 2 years of interlock after you reinstate. Don't forget to file all reinstatement papers well before your 30 day period has run, because it takes approximately 2-4 weeks for the DMV to process your paperwork.
You can also lose your license through receiving excessive points based on your plea in your criminal case. If you are over 21, you have 12 points in a year period or 18 points in a two year period. A DUI is a 12 point violation and a DWAI is an 8 point violation. If you plea guilty to a DUI the 12 points will revoke your license for a 1 year period, even if you won your DMV hearing.
People who have prior convictions for a DUI or DWAI face additional consequences including very lengthy revocations. Please contact us for an individual analysis of your case based on the facts of your case and your driving history. Minors and persons with Commercial Driver's Licenses (CDL) face additional suspensions through the DMV and/or the plea in the criminal case. Please call our attorneys at 227-0022 to discuss the specifics of your case, and how it will effect your license.
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