By H. Michael Steinberg Colorado DUI-DWAI-DUID – Criminal Defense Lawyer – Attorney
Colorado “Double” Suspensions For Blood Alcohol Level (Per Se, Refusal Suspensions) & “Point” Based Suspensions – While there are many ways to lose your Colorado Driver’s License in alcohol related criminal cases – the two basic ways are because of the amount of alcohol in your system at the time of driving and the number of points assessed on your driving record when the DUI conviction enters.
This article addresses a Colorado driver’s fear of a “double suspension” for BOTH a high blood alcohol result AND the subsequent criminal conviction that assesses points to your driver’s license leading to a second suspension. There is no need to fear this double suspension as this article will explain.
Two Key Agencies In Colorado DUI Cases – The DMV And The Colorado County Court System
When it comes to your Colorado drivers license – two important Colorado agencies play a major role. Those agencies are the Colorado DMV and the State of Colorado County Court System.
When you are stopped for DUI and later prosecuted – there are multiple phases of that process. The following FLOWCHART demonstrates those phases.
Colorado DUI FLOWCHART – (click twice to on separate pages to enlarge)
Following a Colorado DUI arrest, the police officer will issue you a temporary (YELLOW) seven-day license. To keep your driving privilege, you only have 7 DAYS must to request a license suspension hearing from the Colorado DMV.
If you fail to request that hearing within seven days, you will automatically suffer a suspended drivers license.
The Per Se Revocation
Once a suspected Colorado DUI driver is arrested and takes a chemical test and that breath or blood test has a result of .08 or higher – this triggers the right to a request a Colorado DMV hearing to challenge that result. This is called a per se hearing. The failure to request such a hearing results in a suspension of the driver’s license.
The right to reinstate your Colorado drivers license follows this format:
The 1st Per Se Revocation
You should be eligible to reinstate early with the interlock device after serving one month of revocation – (Please note that this is 2 year interlock requirement with BAC above .15)
You should be eligible to reinstate early after serving one month of revocation – (8 month Interlock requirement with low BA. – less than .15)
A 2nd Per Se Revocation
There is a 2 Year Interlock requirement if is a second per se (>.08 BAC)
The Refusal Revocation
The second way to lose your drivers license is when the a Colorado driver legally arrested for DUI – DWAI – DUID – refuses to take a chemical test following an DUI arrest.
When this occurs there is an:
Automatic 2 year Interlock requirement. No matter whether it is the first offense or the third offense, the interlock requirement is the same 1st to 3rd offense – the Interlock is available after serving two months of no driving there is a 2 year interlock requirement.
What Happens If I Am Later Convicted Of DUI And 12 Points Are Accessed Against My Colorado Drivers License – Will The Interlock Revocation Period Be Extended?
The Good News
In short, when the Colorado Courts send to the DMV a record of your DUI conviction – a second letter will be automatically generated by the Colorado DMV. Here is the GOOD NEWS, the new revocation (for the entry of the 12 point DUI conviction) is legally tied to the first revocation based on either the per se re finding or the refusal (see above) and will NOT EXTEND the total revocation period.
Therefore – and most importantly – you will NOT lose your Colorado license again even though you will be technically have a second “points based” revocation follow on the heals of the first Blood Alcohol based revocation. The periods of suspension – run concurrently – so if you have already served four months on the interlock with no “fails” you can seek reinstatement irrespective if you receive the “points based suspension at a later time.
The Bad News
If you were fortunate enough to win the Per Se or Refusal administrative hearing but are later convicted of the DUI, the DMV will take your drivers license and of course give you the right to apply for the interlock device to continue to drive your vehicle.
Summary And Conclusion – Colorado “Double” Suspensions For Blood Alcohol Level (Per Se, Refusal Suspensions) & “Point” Based Suspensions
Under the circumstances described in this brief article, if you lose the Colorado DMV license hearing to determine your license eligibility only AND are later convicted in court of the criminal charge of DUI, while you must face BOTH the DMV revocation and the point based suspension imposed by the criminal court, those periods will run concurrently (at the same time) and the TOTAL PERIOD of revocation / suspension cannot legally exceed the longer of the two periods.
Colorado “Double” Suspensions For Blood Alcohol Level (Per Se, Refusal Suspensions) & “Point” Based Suspensions
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The reader is admonished that Colorado criminal law, like criminal law in every state and at the Federal level, changes constantly. The article appearing above was accurate at the time it was drafted but it cannot account for changes occurring after it was uploaded.
If, after reading this article, you have questions about your case and would like to consider retaining our law firm, we invite you to contact us at the Steinberg Colorado Criminal Defense Law Firm – 303-627-7777.
Never stop fighting – never stop believing in yourself and your right to due process of law. You will not be alone in court, H
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. Michael will be at your side every step of the way – advocating for justice and the best possible result in your case.
ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at [email protected] – A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277. Attorney H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case.
“A good criminal defense lawyer is someone who devotes themselves to their client’s case from beginning to end, always realizing that this case is the most important thing in that client’s life.”
You should be careful to make a responsible choice in selecting a Colorado Criminal Defense Lawyer – and we encourage you to “vet” our firm. Over the last 30 plus years – by focusing ONLY on Colorado criminal law – H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice. H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way – Colorado “Double” Suspensions For Blood Alcohol Level (Per Se, Refusal Suspensions) & “Point” Based Suspensions.
