After getting a ticket for driving under the influence (DUI), a person will have to go through the Department of Revenue to determine whether they are going to lose their license. Once an individual’s license is revoked, they lose their license for 30 days. If individuals refuse to do a blood or breath test, they will lose the license for 60 days. Then, they will get an interlock restricted license depending on their blood alcohol content level.
Individuals who have been charged and arrested for driving under the influence should speak to an experienced DUI attorney for help with their case. They could explain the nuances of Colorado Front Range first-offense DUI license suspensions. Jenn and Justie at Nicol Gersch Law will work hard to help you avoid a conviction.
One of the biggest mistakes to avoid for first-time DUI defendants is performing roadside tests. These tests are completely voluntary and are not required. Most people have difficulty performing roadside tests regardless of sobriety. Individuals are asked stand on one leg and walk heel to toe in a straight line and turn around without moving your arms from your sides. Additionally, individuals are required to perform the horizontal gaze nystagmus (HGN) test, which instructs you to look at an officer’s pen or finger.
Individuals should also be aware of what they say to law enforcement. Everything you say can and will be used against you. Your admissions as to how much you drank will inevitably be used against you.
On a first-time conviction, if you lose the revocation hearing and have already lost their license, a conviction is not going to do anything additional to your license. If you somehow are able to win at the Division of Motor Vehicles (DMV) Express Consent Hearing, then a conviction could make you lose your license.
If you win at the hearing and are convicted of driving while ability impaired (DWAI), you will not lose your license. Additionally, if a person wins at the hearing, and they are later acquitted at jury trial, they get to keep their license. A seasoned attorney at Nicol Gersch Law could review the charges and help individuals fight the charges.
Once someone loses their license, there is no way to challenge it. Within the first seven days of an arrest or receiving a ticket, a person must request their hearing. After the seven-day period, they do not get that option to request a hearing unless they took a blood test.
After the 30-day suspension or 60-day mandatory suspension, a person can reinstate their driving privileges with a valid interlock device on their vehicle. That device comes from one of the five approved interlock companies in the State of Colorado. The person will have to contact the interlock company, get the interlock installed on their vehicle, sign either the eight-month contract or the two-year contract, depending on what their BAC level was.
Following a first-offense DUI, there are a few rules individuals should abide by to minimize the consequences of a conviction. A knowledgeable attorney could ensure that an individual’s rights are not being violated. Jenn and Justie at Nicol Gersch Law will work tirelessly to help individuals avoid the penalties of a conviction.
Speak to a diligent attorney to learn about Colorado Front Range first-offense DUI license suspensions and your eligibility to retain your license. Call today to learn more.