FAQ: Most Frequently Asked Questions
These questions and answers are based on Colorado law as of July 12, 2004. Periodic updates will be made and you are welcome to E-mail us with any questions you may have about Colorado criminal and traffic laws.
Q: I was arrested for a DUI but the police officer never read me my rights. Does the case have to be dismissed?
Answer: Unfortunately the answer is usually no. Police are only required to read you those Miranda warnings if you are placed in custody and then interrogated. Sometimes this does occur during the course of a DUI investigation, but usually it does not. Each case is different and must be evaluated individually. However, remember that even if the police don't tell you specifically, you do have the right to remain silent.
Q: Do I have to do roadside maneuvers like walking a line or touching my nose?
Answer: No you don't. Those roadside maneuvers as they are called by police are voluntary. You have the absolute right to decline to participate. The officer is entitled to ask and it is not uncommon for it to sound like an order, not a request, but you may absolutely decline to take those tests.
Q: Do I have to take a blood or breath test?
Answer: No you don't. However, if you refuse to take a chemical test your license is likely to be revoked for 1 year. If you take the test and your result is too high your license is likely to be revoked for 90 days on first offenses. No matter whether you took a test or refused you are entitled to request a hearing to determine if the state has a right to revoke your license. Further, you are allowed to maintain your driving privilege until the date of that hearing. You do not have to take the portable breath test (PBT) that is sometimes requested as part of the initial investigation.
Q. I have a DUI charge. How long will I lose my license?
Answers: Usually for 1 year if you refused the official blood or breath test. If you submitted to a blood or breath test, the period is 90 days of no driving whatsoever or for cases occurring after 7/1/03 possibly 30 days no driving whatsoever followed by 150 days of limited driving, BUT NOT ALWAYS. There are a limited number of ways to avoid losing your license at all and our attorneys are well versed in all of them. You must remember that your license is usually in jeopardy in two separate locations.
A Department of Motor Vehicle administrative hearing will be held if your test result is .08 or over (.02 if you are under 21 years of age) or if you refused to take a chemical test. On first offenses the DMV will revoke your license for 90 days (or possibly revoke your license for 30 days followed by 150 days of suspension with a limited right to drive during the suspended period) if you lose the hearing and you tested at or above the state limit. If you refused to take a chemical test and lose the hearing then your license will be revoked for 1 year on a first offense.
The courthouse is the second place your license is in jeopardy. In Colorado a driver aged 21 or over has 12 points in any one-year period. A DUI charge is a 12-point ticket, so if the prosecutor gets you to plead guilty to DUI your license will be suspended for 1year even if you won the DMV hearing. DMV proceedings and court proceedings are hardly related at all. It is entirely possible to lose at DMV and not be convicted in court or vice versa.
People who have been previously convicted of DUI, DWAI or have been revoked by DMV in the past or revoked for an alleged refusal are subject to various rules regarding length of revocations. Everyone should contact an experienced lawyer or DMV for help in determining how long his or her license revocation will last. It is best to contact a lawyer as soon as you are charged or aware that there may be a problem. Our office offers a free initial consultation so don't hesitate to call us.
Q: How do I request a DMV hearing?
Answer: If you refused the test or if you submitted to a breath test with a result at or above the limits stated above you should have been served with a notice of revocation. This notice gives you 7 days to request a hearing. You can request a hearing at most DMV offices by simply walking in with the notice of revocation and your driver's license. They will take your drivers license if the cop has not already done so and issue you a temporary permit that is valid for up to 60 days or until you have your DMV hearing (which is usually at least a month after your request.
If you chose a blood test you will be notified by mail if your test was at or in excess of the limit. If you receive such a notice look carefully at the notice as it will indicate how long you have to request your hearing.
You will also have to determine if you want to have the officer show up at the DMV hearing. If the police officer is requested to show up and fails to do so your license will usually be returned and the DMV case will be dismissed. There are times and situations where it is more advantageous to not have the police officer show at the DMV. Perhaps crucial information is missing from his report and his showing up will only allow him to rectify the situation. To be sure it is best to consult our attorneys to look at your case and situation. We recommend that you contact our attorneys immediately after you have been charged and prior to requesting a DMV hearing even in the case of blood tests where results are not immediately available.
Q: What is the difference between a Revocation and a Suspension?
Answer: The simple answer is that if you are revoked you are generally not eligible for a work license or any other driving privilege, this usually results from a DUI. A suspension usually results from getting too many points and you are usually eligible for limited driving privileges for work, school and medical purposes.
Q. Can I get a license to go back and forth to work or school?
Answer: Usually no. During the period of revocation the law does not allow restricted licenses to drive to work or school. A person under revocation for multiple alcohol offenses in excess of one year may be eligible to apply for the Early Reinstatement Program. However, eligibility is very dependent on individual circumstances. Early Reinstatement requires placing a device on your car that requires you to breath into it before the car will operate to make sure you have not ingested any alcohol. You have to pay installation and monitoring costs.
Persons who are suspended because they have plead guilty to a DUI or have too many points over a particular time frame, but who are not currently under revocation by DMV are eligible for a probationary (restricted) license that allows driving for specified work, school, medical, or other purposes.
Q: How many points can I get before I lose my Drivers License?
Answer: Depends on your age. If you are age 16-17 you are subject to suspension if you accumulate 6 points or more during any 12-month period or 7 points or more for the duration of your license. If you are 18-20 you are subject to suspension if you accumulate 9 points or more in any 12-month period, 12 points or more during any 24-month period or 14 points or more for the period of the license. If you are 21 or older you are subject to suspension if you accumulate 12 points or more in any 12-month period or 18 points or more over any 24-month period.
It can be difficult to determine if you are in danger of losing your license. Remember that points are figured based on date(s) of violation(s), not the day you pay the fine or show up in court and plead guilty. It is also based on the age you were on the date(s) of violation(s). You can go to DMV and request a copy of your DMV record and try to figure it out yourself. DMV charges $2.20 for driving records. If you have any doubt or uncertainty contact us to be sure.
Q: I was under Revocation for some time and received a ticket. I have since gotten my license back and the district attorney is offering to allow me to plead guilty to a reduced charge. Should I take this offer?
Answer: Be careful. If you plead guilty to any traffic related violation that occurred while you were under Revocation/Denial/Suspension the DMV is likely to once again revoke or suspend your driving privilege. Contact us to determine if the offer you are contemplating is a good one in your situation or to see if it can somehow be improved.
The district attorney is likely to indicate to you that you are facing mandatory jail when charged with Driving Under Revocation/Suspension/Denial (mandatory 30 days jail for alcohol related revocations and mandatory 5 days for others). Faced with these startling possibilities it is easy to understand why any offer not involving jail would sound good. However, accepting the wrong disposition can lead to once again losing your license. Contact us and we can discuss those issues and any possible defenses you may have.
Q. Is jail mandatory?
Answer: Some Colorado statutes indicate that jail is mandatory in certain situations. For instance, if you are convicted of DUI or DWAI and have a prior conviction for either. Also, for first offenders where the breath or blood test is .20 or higher within 2 hours of driving. Every case has its own facts and circumstances and there are numerous ways to try and avoid or minimize jail. Also, jail alternatives are often available. There are many factors to consider and you should discuss all the possibilities and probabilities with an experienced lawyer.
