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Here are some of the most frequently asked questions about receiving a DUI in the Denver Metro area. Remember, these are general guidelines. You may be eligible for lesser penalties in some cases, so contact Chris Charles to have your case examined on an individual basis.
License Revocation
Q: What is the DUI law that would cause me to lose my license?
A:Colorado Department of Revenue (DOR) is required by law to revoke the drivers license of any driver who tests DUI, which is a Blood Alcohol Content (BAC) above 0.08.
Q: What steps should I take to keep my license?
A: You have seven days from the time of your arrest/citation to request a hearing with the DMV. If you fail to do so, your license will be revoked automatically. The seven-day clock begins to run when you receive the Order of Revocation/Temporary Driver’s License, which is generally at the time you are arrested.
Q: Do I have the right to challenge my license suspension?
A: Yes. You may request a hearing on your license suspension by taking your notice of revocation to the DMV. If you request a hearing, you'll be given a temporary permit that will allow you to drive until the date of the hearing.
Q: For how long will I lose my license?
A: If you took a BAC test, your license will be suspended for 90 days in Colorado—if it is your first offense. If you refused the blood or breath test, your license will be suspended for one year. You may request a provisional license if your license is suspended. If you are suspended for 90 days, and your request for a provisional license is granted, the three-month suspension will turn into a six-month suspension. However, only the first month of the six months will be no driving at all. This will be followed by five months of limited driving (for things like going to work, etc.) A provisional license is valid in Colorado only, and cannot be used outside of the State.
Q: What is the difference between a revocation and a suspension?
A: In simple terms, if your license has been revoked, you are generally not eligible for a work license or any other driving privilege. 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: After revocation, can I get a license to go back and forth to work or school?
A: 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 pled guilty to a DUI or have too many points over a particular time frame, but who are not currently under revocation by the DMV, are eligible for a probationary (restricted) license that allows driving for specified work, school, medical, or other purposes.
Q: How long will I lose my license for a second offense that occurs more than five years after my first offense?
A: People facing their second DUI offense, which must have occurred five years or more from the date of the prior conviction, face license revocation for 180 days to one year with no possibility of early hardship license reinstatement.
Q: How long will I lose my license for a second offense that occurs less than five years after my first offense?
A: People facing their second DUI offense, where the second offense occurred within five years from the first offense, are looking at a five-year license revocation and mandatory imprisonment of a minimum of 10 days. An early hardship license reinstatement may be possible after one year, but only with recommendation from the Special Supervision Services Program.
Jail Penalties
Q: How long will I go to jail if convicted of a DUI?
A: It depends on whether you have prior convictions. If you have no prior convictions, there is no mandatory jail time, but jail time of five days to one year is possible. If you have a prior DUI conviction or a BAC of .20 or higher, you are required to serve 10 days in jail, and jail time of 90 days to one year is possible. If you have a prior DWAI conviction, you are required to serve seven days in jail, and 70 days to one year is possible.
Q: How long will I go to jail if convicted of a DWAI?
A: Without a prior conviction, there is no mandatory jail time, though a sentence of two days to six months is possible. If you have a prior DUI or DUI per se conviction, you will receive a mandatory jail sentence of eight days, and 60 days to one year in jail is possible.
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