Fort Collins Driver's License Revocation Attorney
Protecting Your Driver's License in Colorado
Attorneys who do not practice DUI/DWAI defense typically do not understand the DUI laws and the restrictions the Colorado Department of Motor Vehicles imposes on a person's driver's license.
That is why hiring an experienced DUI attorney is very important. There are many variables to consider that an experienced DUI defense lawyer understands. There are certain rules and procedures that the law enforcement officers must do in order to support a DUI arrest and charge and work towards preventing a driver's license suspension.
Act Quickly to Protect Your Driving Privileges
If you have been arrested for DUI, DWAI, DUID or UDD in Colorado and you consented to a breath test, the result of which is .08 or higher, you should have received a Notice of Revocation. If so, you have seven days from the date of the notice to request a hearing with the Colorado Department of Motor Vehicles.
If you do not act within seven days, your right to a hearing regarding your driver's license is considered waived and your driver's license will be automatically revoked. The length of time your driver's license is revoked depends on whether you have any prior alcohol-related driving convictions and your age. Driver's license revocations are longer for individuals under 21 years old.
If you consented to a blood test, you will not receive the Notice of Revocation until the blood test is completed; this can take as long as four weeks after your arrest.
As part of our legal representation in DUI/DWAI/UDD cases, the Law Offices of Rachel A. Michael, LLC, will represent you at your driver's license revocation hearing with the Colorado Department of Motor Vehicles. I offer a free initial consultation at my Fort Collins office to discuss the DUI laws and what you can expect as you go through the legal process.
Should I Request a Hearing?
One of the main advantages of requesting a hearing (often called an express consent hearing) is that you will be given a temporary driver's permit for 60 days or until the date of the hearing, whichever comes first. If you waive your right to a hearing, your driver's license will be automatically revoked after the seventh day. You will be notified by mail about when your driver's license revocation begins and end.
As your lawyer, I attend the DMV hearing on your behalf. If there are legal issues regarding the reason you were initially contacted by law enforcement or the breath or blood test, I will challenge those issues at the hearing. For example, did the police officer have a reasonable suspicion to stop you? Was the breath test administered within two hours of being contacted? If your case was classified as a refusal, we will address the conduct or statements the law enforcement officer considered to be a "refusal."
How Long Will My Driver's License Be Revoked?
How long your driver's license will be revoked depends on several things. If you are over 21 and you are convicted of a first offense DUI, you could lose your driver's license for up to one year. You may, however, be eligible for a restricted/probationary driver's license if you have an ignition interlock device installed in your car.
If you are over 21 and you are convicted of a DWAI, you will lose your driver's license for a period of nine months.
During the first 30 days of the revocation, you cannot drive; there are no exceptions. If you drive on a revoked license, you face a separate charge that carries mandatory jail.
If this is your first offense, after the first 30 days, you can apply for "early reinstatement" and get a restricted license. In order to do so, you must have an ignition interlock installed on your vehicle. If you don't test positive for alcohol for four consecutive months, you can request to have the ignition interlock device removed from your vehicle and have your driver's license reinstated early. The ignition interlock costs approximately $100 to have installed and about $80/month to maintain. At my office, I have all of the available information you need regarding the ignition interlock device.
If you are under 21, your license will be revoked for one year and you are ineligible for a restricted/probationary license. The DMV does not grant a restricted license to individuals who are under 21 and who have been convicted of DUI or DWAI.
Many people believe they can handle a DUI/DWAI case on their own, but you shouldn't. When you are facing DUI/DWAI charges, you are also facing penalties associated with your driver's license. There are too many issues in a DUI case that may affect the ultimate outcome that only an experienced DUI attorney knows how to handle. At the Law Offices of Rachel A. Michael, LLC, I can help you with these issues.
Free Attorney Consultation for License Revocation and DUI Criminal Charge Matters
Your driver's license is too valuable to risk. Understanding driver's license consequences is important. To schedule a free initial consultation with me, call 970-482-6000 or fill out the contact form on this website.