Refusals On or After January 1, 2014
DUI Refusals get a break in Colorado at the DMV level on or after January 1, 2014. Previously, a person alleged to have refused a chemical test of their blood, breath, saliva, or urine in a DUI or DWAI case faced harsh consequences at DMV. If the alleged refusal was proven at an Express Consent Revocation Hearing, he or she would lose their license for one year and not be eligible for any kind of red license or probationary license. In other words, it was one year no driving….end of story.
Fast forward to January 1, 2014, alleged refusal drivers in DUI cases are now eligible for an ignition interlock restricted license after sitting out for two (2) months with no driving. This is a huge change for drivers who are alleged to have refused a chemical test. Refusal revocation periods remain the same. One year for the first refusal. Two years for the 2nd refusal. Three years for the third refusal. The early reinstatement with ignition interlock for refusals does not apply to drivers under 21 years of age. An under 21 driver has to wait to reinstate until at lease one year of the revocation has run.
Additionally, if a driver’s license is revoked for a DUI refusal before January 1, 2014, the revocation won’t run concurrent with any possible conviction in court for DUI, DUI per se, DWAI, or UDD.
If a license is revoked for a refusal offense alleged to have been committed after January 1, 2014, and the driver is also convicted in court of Underage Drinking and Driving (UDD), DWAI, DUI, or DUI per se, the revocation runs concurrent with the revocation for the conviction in court.
The bottom line for anyone alleged to have refused a chemical test of his urine, saliva, breath, or blood can now driver after sitting out for two months. Thus, even though the revocation consequences at DMV are harsh, they are much more manageable for a driver who needs to driver for work, school, family, and medical reasons.
Within the same legislative session in the Summer of 2013, the legislators redefined what a Persistent Drunk Driver is in Colorado. This definition now includes drivers who submitted a blood test yielding .15 or more grams of alcohol per 100ml of blood or .15 or more grams of alcohol per 210 liters of breath within 2 hours of driving. A person who refuses a chemical test is now defined as a Persistent Drunk Driver as well. Two or more alcohol-related driving convictions also qualifies a driver as a Persistent Drunk Driver. Finally, a person who continues to driver after a driver’s license restraint/revocation has been imposed for one or more convictions for an alcohol-related driving offense is a Persistent Drunk Driver.
If you or a loved one is facing a DUI offense in Colorado it’s important to retain experienced counsel to fight the charges. Attorney Monte Robbins is experienced in representing clients in county court DUI and DWAI matters as well as Express Consent Revocation Hearings (DMV Hearings) at the Department of Revenue Hearings Section. Contact Attorney Monte Robbins today for a free case evaluation at 1-888-DUI-COLO or 303-355-5148.