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Sep 21

2013 Colorado Legislature Eases Pain In DUI Refusal Cases - New Law Allows For Earlier Reinstatement With Interlock Device

2013 Colorado Legislature Eases Pain In DUI Refusal Cases – New Law Allows For Earlier Reinstatement With Interlock Device

2013 New Colorado DUI – DWAI – DUID – Law – Legislation

By H. Michael Steinberg Colorado DUI – DWAI – DUID Defense Lawyer – Attorney

2013 Colorado Legislature Eases Pain In DUI Refusal Cases – As of January 1, 2014, individuals who have refused to take a breath or blood test under Colorado’s Express Consent Law will no longer suffer the Draconian punishment of being banned from the roads for a full year. As a result of some clear thinking legislators, HB 13-1240 was enacted and will be effective at the start of new year with individuals who have lost their driving privileges in 2013 being “grand fathered” in.

What The New Colorado Express Consent Refusal Law Does

Before 2014, a Colorado driver who refused the blood – breath test in Colorado lost ALL rights to drive on the roads of Colorado (no probationary drivers license, no red-license, no hardship license, or no early reinstatement with the restriction of an ignition interlock device) for ONE YEAR if he or she was revoked at a DMV hearing).

On January 1, 2014 a FIRST TIME DUI or DWAI, Driver, who has refused – under the Colorado Express Consent Law (LINK) and who previously would have lost his or her driver’s license for a FULL year based on a refusal will now have the right to apply to reinstate that driver’s license with the installation of an ignition interlock device after two month period of no-driving.

2013 Colorado Legislature Eases Pain In DUI Refusal Cases – New Law Allows For Earlier Reinstatement With Interlock Device – You May Be “Grand Fathered” In – Prior One Year Express Consent Revocations From 2013.

At the last two revocation hearings I handled – I was informed by hearings officers that if you are currently suspended for one year under the old law – as of January 1, 2014 – you will be grand fathered in and be eligible to reinstate under the new law as of January 1, 2014 IF you have served at least 60 days of the no driving period.

The Downside Of HB 13-240 – Lowering Of The Threshold For Persistent Drunk Driver

What the legislature gives with one hands it… The definition of a “persistent drunk driver: will also be lowered from the current Blood Alcohol Level of .17 to a new BAC of .15. Under the change – a persistent drunk driver will be required to use the interlock device for TWO YEARS as a condition of their restricted driver’s license.

Another Good Result Under The Law – Multiple Offenders

If you have multiple DUI – DWAI- DUID convictions and have suffered the long term loss of your driver’s license, the new law will also permit you to reinstate after 30 DAYS of “no-driving” if you go through the Colorado DMV reinstatement process and have an ignition interlock device installed on your vehicle.

Another Benefit Of The New Law – Concurrent (running at the same time) vs Consecutive (stacked periods of time one to follow after the other) Revocations

Before the enactment date of the new law under HB 13-1240 – with few exceptions, a Colorado driver’s license revocation must run consecutively and not concurrently with any other revocation. After the new law is set to go into effect, for crimes committed on or after Jan. 1, 2014, (again with certain defined exceptions), a Colorado driver’s license revocation is allowed to run concurrently with any other revocation presently in force and effect.

This new benefit – concurrent vs consecutive periods of license revocation also applies to Colorado drivers license revocations for express consent refusals. Under current law, the revocation was not allowed to run concurrently, all previous or subsequent suspensions, revocations, or denials. The new law provides, for refusals related to crimes allegedly committed on or after Jan. 1, 2014, (again with certain defined exceptions), that the Colorado driver’s license revocation can run concurrently with any other revocation presently in force and effect and the time of the most recent refusal based revocation.

2013 Colorado Legislature Eases Pain In DUI Refusal Cases – New Law Allows For Earlier Reinstatement With Interlock Device – H. Michael’s Take

The Harsh Impact Of The Express Consent Refusal Law – Finally Ameliorated

For many years I watched as individuals with families lost their employment, their homes, their marriages in some instances and the systematic destruction of their lives as a result of one bad decision made while they were under the influence. This new law finally adds some sanity to our system and permits individuals who have refused “the test” to pick up the pieces of their lives and to continue to support themselves and their families while they pay their debt to society for one mistake. It is a much saner system now and my thanks go out to our Colorado State Legislature for finally reversing this terrible law.

If you have questions about this article – 2013 Colorado Legislature Eases Pain In DUI Refusal Cases – New Law Allows For Earlier Reinstatement With Interlock Device, please feel free to call our law firm.


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