How A DUI Conviction Affects Your Driving Privileges In Colorado

The consequences of a DUI conviction in Colorado can extend far beyond fines and court appearances, often impacting your ability to drive. Whether it’s a first-time offense or a repeat violation, your driving privileges will likely be restricted, suspended, or revoked.

This article explores:

The potential length of license suspensions.
Options for reinstatement and restricted licenses.
Penalties for driving with a suspended license.

What Happens To My Driver’s License After A DUI Conviction In Colorado?

The outcome of your driver’s license after a DUI conviction in Colorado depends on several factors, including whether the conviction is for Driving Under the Influence (DUI) or the lesser offense of Driving While Ability Impaired (DWAI). Each carries different consequences, particularly in how the Department of Motor Vehicles (DMV) handles the situation.

It’s important to understand that a criminal conviction and the DMV’s administrative actions are two separate processes. While the DMV often relies on the criminal court’s findings, it operates independently to determine the status of your driver’s license.

For a first DUI conviction, there are pathways to regain your driving privileges, such as applying for reinstatement or obtaining a restricted license. The specific options available depend on factors like:

Whether you have prior convictions.
Your blood alcohol concentration (BAC) at the time of the offense.
Whether you completed a chemical test.

These details will influence whether your license is restricted or revoked and for how long. While every case is different, you can expect the DMV to impose some level of restriction or revocation of your driving privileges. The length and terms of these penalties vary, but options for limited driving privileges may be available depending on your circumstances.

How Long Will My Driving Privileges Typically Be Suspended Following A DUI Conviction?

The length of a suspension for driving privileges after a DUI conviction in Colorado can range from no time at all to up to two years, depending on the circumstances.

If your alcohol level was low at the time of your arrest, you may be able to apply for a restricted license immediately. To do so, you’ll need to:

Obtain SR-22 insurance, which confirms your insurance company will notify the state about your coverage.
Install an interlock device in your vehicle. This device prevents the car from starting unless you provide a breath sample and ensures compliance. You’ll be responsible for the cost of installing and maintaining it.
Pay required fines.

In some situations, there may be a mandatory two-month waiting period before reinstatement. During this time, you’ll still need to meet the same requirements such as obtaining SR-22 insurance, paying fines, and installing the interlock device before driving privileges can be restored under restrictions. In any case, the specific timeline will depend on the details of your case.

Can I Apply For A Restricted Or Provisional License After A DUI Conviction?

Whether you can apply for a restricted or provisional license after a DUI conviction depends on the specific circumstances of your case.

First Offense Express Consent Violation (Implied Consent Violation)

If it’s your first offense and you refused a chemical test during your encounter with law enforcement, you’ll need to wait two months before applying for reinstatement. Additionally, you’ll be required to:

Pay fees and fines to the DMV.
Obtain SR-22 insurance.
Install an interlock device in your vehicle for two years.

Second, Third, Or Subsequent Offense

For a second, third, or subsequent offense, the requirements are similar. You’ll face a two-month waiting period before reinstatement and will need to maintain the interlock device for two years.

First-Time DUI

If you provided a chemical test and your blood alcohol level was below 0.15, you are eligible for reinstatement on the first day of your license revocation.

To regain driving privileges, you must complete the requirements, including obtaining SR-22 insurance, paying fines, and installing an interlock device. In this case, the interlock device must remain in your vehicle for nine months.

Jim Zorrilla and Christina Zorrilla are experienced attorneys based in Colorado, dedicated to helping clients navigate the complexities of DUI and traffic law. With years of experience handling cases like yours, they are ready to assist you in protecting your driving privileges and moving forward with confidence.

Still have questions? Ready to get started? Contact The Zorrilla Law Firm today to schedule an initial consultation.

If your blood alcohol level was 0.15 or higher, the interlock device must stay in your vehicle for two years.

For individuals whose licenses are already under suspension or restraint for another reason, the interlock requirement will last either two years or the remainder of the existing suspension period, whichever is longer.

Can A DUI Conviction Lead To The Permanent Revocation Of My Driving Privileges?

Technically, a DUI conviction alone does not result in the permanent revocation of your driving privileges. However, accumulating multiple serious driving offenses can lead to a lengthy revocation period.

If you are convicted of three qualifying offenses within a seven-year period, you can be designated as a Habitual Traffic Offender (HTO). This designation results in a five-year license revocation. Qualifying offenses include:

Driving Under the Influence (DUI)
Driving While Ability Impaired (DWAI)
Driving Under Suspension
Reckless Driving
Vehicular Assault
Vehicular Homicide

One common issue arises when individuals designated as Habitual Traffic Offenders continue to drive while their license is suspended. Each subsequent conviction for driving while suspended can lead to additional years being added to the revocation period. This can result in a significantly extended suspension, even though it is not permanent.

While no offense directly leads to a permanent revocation, repeated violations can create a situation where regaining your driving privileges becomes increasingly difficult due to the compounding effects of additional suspensions or revocations.

What Are The Penalties For Driving With A Suspended License After A DUI?

Driving with a suspended license following a DUI conviction is a serious offense in Colorado and is classified as Driving Under Restraint (DUR). If the suspension or revocation is due to an alcohol- or drug-related driving offense, the penalties are severe and escalate with repeated violations.

First Offense
You could face up to 90 days in jail and an additional one-year revocation of your license.
Second Offense
If you are convicted of driving under restraint again, the revocation period increases to four years.
Within Five Years Of The First Offense
You may still be subject to up to 90 days in jail and a longer revocation period.

Driving under restraint is also a qualifying offense for Habitual Traffic Offender (HTO) designation. If you continue to drive while under suspension as an HTO, you face additional criminal charges, further license revocations, and penalties such as:

Up to 90 days in jail.
Potential community service requirements.

Repeated offenses can lead to increasingly severe consequences, making it critical to avoid driving while your license is suspended or revoked.

Some Parting Words Of Wisdom: Make Smart Choices

One of the most effective steps a potential DUI client can take before meeting with an attorney is to begin addressing the situation proactively. Depending on the circumstances, here are three actions that can be particularly helpful:

Start Alcohol Treatment
Enrolling in an alcohol treatment program early demonstrates to prosecutors that you are taking the situation seriously.
Complete A MADD Victim Impact Panel
Attending a Mothers Against Drunk Driving (MADD) victim impact panel is straightforward, often required as part of a conviction, and can serve as mitigation evidence. Completing it ahead of time shows initiative and can strengthen your attorney’s position during plea negotiations.
Avoid Driving While Suspended
Finding alternative transportation while your DUI case is pending is crucial. Getting charged with driving under restraint during this time can significantly complicate your case and result in additional penalties.

Taking these steps not only helps mitigate potential consequences but also provides your attorney with tools to build a stronger case on your behalf.

Still Have Questions? Ready To Get Started?

For more information on How A DUI Conviction Affects Your Driving Privileges In Colorado, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (562) 715-3786 today.