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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. Colorado DWAI 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 Denver DUI Attorney today for a free case evaluation at 1-888-DUI-COLO or 303-355-5148.

Client Reviews
"An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was happening and what he doing to prove my son's innocence in this matter. We were to appear in court on 29 March 2012 and Monte informed us on 27 March 2012, that the case had been dismissed!!! Monte charged a fair, flat rate for what he did in this matter and should the need arise to hire a lawyer or to recommend a lawyer, I would not hesitate to give Monte's name.” Linda
"I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the wall on this case but thanks to Monte miracles are possible. I have hired my share of attorneys and Monte Robbins has produced the best results for me yet. After being without my driving privileges for ten years I paid a small fine and am legal with a clean record. I Highly recommend this attorney." Steve
"I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him for any questions i had. The outcome of my case was way better then i had expected. Monte did a excellent job on my case and I would highly recommend him to anyone. Monte won my case and I am confident that he can do the same for anyone else." Jeremy