Driver's License Lawyer

Colorado Attorney for License Suspension and Revocation

Colorado law on driver's license revocation and suspension is newly revised, and complex. Understanding the law on DUI's and other driving infractions involving alcohol or drugs is a critical factor in how your case will resolve and whether you will keep your license.

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A DUI cases (and DWAI or DUID cases) has a criminal law part, and a civil administrative law part (which deals with driver's license suspension and revocation). When you have a DUI case, you need to understand this relationship - and have an attorney who can handle both. See our page on the criminal charges of DUI. Continue reading for the civil administrative hearing and possible penalties on your driver's license.

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What Happens At A DMV Hearing?

The term probable cause is a specific and important legal definition for your DMV case, and why you need an attorney. Lack of probable cause for the traffic stop, consent for road side tests, or probable cause for chemical testing all can play critical roles in your DMV case (and whether you keep your license). You do have right to refuse to take this testing (and voluntary roadside maneuvers). However, failure to refuse to submit to chemical testing (blood, breath, urine) can result in the loss of your license for up to 1 year (or more). Colorado law called 'express consent' means you agree to submit to chemical testing of your blood or breath when you receive a driver's license.

The civil administrative hearing deals with the express consent law, the results of the chemical test of blod or breath (or any refusal), driving behavior, roadside test performance (or any refusal), and is handled by the Colorado Department of Motor Vehicles or DMV. The DMV has quasi-judicial authority to determine serious consequences of whether to take your license and impose points on your driving record like 12 points, for a DUI, whereas a DWAI has only 8 points. These sanctions are serious and can have serious adverse effects on your ability to maintain employment, as well as pervading all areas of your personal and family life.

As an adult you have up to 11 points in one year (the 12th point suspends your license) or up to 17 points over a consecutive 2 year period (the 18th point suspends your license). A DUI criminal conviction, being 12 points, automatically suspends your license and is considered a habitual traffic offense and if you receive 3 habitual traffic offenses within a 5 year period your license can be suspended for up to 7 years. First time offenders can receive early reinstatement of their license before 1 year.

See also the Colorado DMV website for other helpful information on:
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