You may be overwhelmed because of your DUI arrest and DMV license suspension. People who find themselves in your position often experience fear and anxiety. That’s perfectly normal. Contacting a seasoned Boulder DUI lawyer right away can help alleviate your stress.
Colorado law allows you to contest your DUI license suspension, and our defense lawyer Michael R. Ferrell can help. Attorney Ferrell and our team with The Ferrell Law Firm are committed to helping restore your driving privileges as we aggressively defend your rights. Contact us today to learn more about how we could help you reinstate your Colorado driver’s license.
Colorado DMV DUI License Reinstatement Requirements
The Colorado DMV automatically suspends your driver’s license after a DUI arrest if you either refuse or fail a chemical test. The DMV refers to this period as an administrative suspension, as it’s not tied to a conviction—but happens as soon as police charge you with DUI. The length of your suspension and the procedure you must follow differ depending on why the DMV administratively suspended your license.
Express Consent
Colorado Revised Statutes (C.R.S.) § 42-4-1301.1 requires every driver to consent to a chemical test if a police officer has reasonable grounds to believe the driver is under the influence of alcohol or is driving impaired because of alcohol, drugs, or both. The law indicates that a refusal to take a chemical test results in a one-year suspension of your driving privileges. According to C.R.S. § 42-1-102(68.5)(a)(IV), the DMV will also consider you to be a “persistent drunk driver” if you refuse such a test.
To begin the process of getting your driving privileges back, you must first complete a Level II Alcohol and Drug Education and Treatment program. Then, once you successfully reapply for your license, the DMV will give you a restricted license. However, you must install an ignition interlock device in your car and use it for two years.
There are other requirements as well. The DMV requires you to pay a $95 license reinstatement fee and a $25 restoration fee. You must also prove to the DMV that you have SR-22 insurance.
DMV Hearing Request
You have seven days to request a hearing to avoid an administrative suspension for refusing a chemical test. You or your attorney must file a written request to preserve your right to a hearing.
A hearing officer will determine if you refused the chemical test. Refusal means more than saying no. Failing to cooperate with the arresting officer, refusing an alternative test, and not following instructions can all constitute refusals.
The hearings officer will also determine whether the police had reasonable grounds to stop you.
Chances of Winning a DMV Hearing
Having the right lawyer gives you a better chance of winning your hearing. DMV appeals are tough. However, a skilled and experienced attorney can present arguments and help persuade the hearing officer to restore your license immediately.
Trying to represent yourself is dangerous. You have the right to a lawyer who can speak for you. Advocating for yourself could backfire, especially if you say something that the prosecution could use against you in court.
Fight Your DMV License Suspension with the Help of an Aggressive DUI Defense Attorney
DUI defense lawyer Michael R. Ferrell and his team with The Ferrell Law Firm are experienced advocates willing to fight for you. Call our office today at 720-687-2795 and get the representation you need to fight your charges.