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Grand Junction DUI Defense Attorney

What You Need to Know About Being Charged With a DUI or DUID

In every DUI or DUID case, you actually have two separate cases. One case is the criminal case that will be handled in county court and the other case is an administrative hearing case that is handled by the Department of Revenue.

DMV Summary of Actions for arrests on or after January 2014- for DMV purposes

***For Adult Person (21 years old and older)

1st DUI with BAC .08-.149

Mandatory no driver period: 1 month
Total revocation period: 9 months
Early reinstatement after the 1st month of the mandatory no drive period
Will be required to have ignition interlock for a minimum of 8 months

*** For 1st DUI offenses interlock removal may be possible after 4 consecutive months of driving with interlock***

(Additional forms will need to reinstate your driver's license. Contact the DMV for more information)

1st DUI with BAC higher than .150

Mandatory no drive period: 1 month
Total revocation period: 9 months
Early reinstatement after the 1st month of the mandatory no drive period
Will be required to have ignition interlock for 2 years

(Additional forms will need to reinstate your driver's license. Contact the DMV for more information)

2nd DUI with a BAC higher than .08

Mandatory no drive period: 2 months
Total revocation period: 2 years
Early reinstatement after the 1st month of the mandatory no drive period
Will be required to have ignition interlock for 2 years

(Additional forms will be needed to reinstate your driver's license. Contact the DMV for more information.)

3rd DUI with a BAC higher than .08

Mandatory no drive period: 2 months
Total revocation period: 3 years
Early reinstatement after the 1st month of the mandatory no drive period
Will be required to have ignition interlock for 3 years

(Additional forms will be needed to reinstate your driver's license. Contact the DMV for more information.)

1st DUI with Refusal

Mandatory no drive period: 2 months
Total revocation period: 1 year
Early reinstatement after the 2nd month of the mandatory no drive period
Will be required to have ignition interlock for 2 years

(Additional forms will be needed to reinstate your driver's license. Contact the DMV for more information.)

2nd DUI with Refusal

Mandatory no drive period: 2 months
Total revocation period: 2 years
Early reinstatement after the 2nd month of the mandatory no drive period
Will be required to have ignition interlock for 2 years

(Additional forms will need to reinstate your driver's license. Contact the DMV for more information)

3rd DUI with Refusal

Mandatory no drive period: 2 months
Total revocation period: 3 year
Early reinstatement after the 2nd month of the mandatory no drive period
Will be required to have ignition interlock for 3 years

(Additional forms will be needed to reinstate your driver's license. Contact the DMV for more information.)

Department of Revenue Administrative Case

The administrative case is handled by the DMV and requires that you request a hearing. At that hearing, the fate of your driving privilege will be decided. The DMV has the authority to suspend or revoke your driving privilege even if you have not yet been convicted of a DUI or DUID in court. When you are initially contacted by law enforcement you will be asked to consent to a chemical test if the officer has reasonable ground to believe that you are driving under the influence or if your ability to operate a motor vehicle is impaired because of drugs, alcohol, or both (Express Consent). Depending on which chemical test you select or if you refuse both tests you will receive an "Express Consent Affidavit and Notice of Revocation." If you consent to a breath test or if you refuse to take a test this paperwork should be given to you at the time of your arrest, if you consent to a blood test you will receive notice from the DMV once they receive your blood test results. You only have seven days once you have received the "Express Consent Affidavit and Notice of Revocation" to request a DMV hearing, if you fail to request a hearing before the seventh day, your driving privilege will be revoked.

To request a DMV hearing you will need to take the "Express Consent Affidavit and Notice of Revocation" along with your drivers license (if still in your possession to your local Department of Revenue Office. Once you have requested a hearing you will receive a temporary driving permit that will allow you to drive for 60 days or until the date of your DMV administrative hearing. Notice of the administrative hearing will be mailed to you. You may also request a hearing in writing but it must be received within seven days )we do not recommend doing this due to how long the mail process can take).

If you submitted to a blood test you will received a letter from the Department of Revenue telling you that you have until a certain date to to request your administrative hearing once they have received the results of your blood test. It should be noted that the letter the the DMV sends to you will be mailed to whatever address is on your drivers license. The same rules apply, if you fail to request a hearing before the date that is stated in your letter your driving privilege will be revoked that day.

At the administrative hearing for the DMV, your case will be heard by a Hearings Officer. It is the Hearings Officer who will decided whether to dismiss the case or order a revocation of your driving privileges. The administrative hearings for the DMV can be difficult to win, but it is possible to win them with the right representation.

Criminal Case

In Mesa County, Colorado in most DUI and DUID cases you will be served with and asked to sign a "Summons and Complain" and released to a sober party rather then being booked into jail. However, in other counties in Colorado you will be booked into jail and have to bond out. On the "Summons and Complaint" your first court appearance date and time will be listed. The first court appearance for your criminal case is called an arraignment, there is where you will be advised of your rights and what you are being charged with. In some cases if you have retained an attorney your appearance could be waived, and you will not need to be present, if you have not retained an attorney you will need to be present at that court appearance or you could be charged for a failure to appear. There are a few options at that initial court appearance, you can plead not guilty to the charges and ask that the matter be set for trial, you can plead guilty to the charges, or you can ask for a continuance to allow time to seek counsel and another court date will be given to you.

By retaining an attorney to handle your DUI or DUID case you are seeking to find the best outcome for your case.

Here at Peters and Nolan we use all of our experience and knowledge to exam all the evidence in your case to give you the best possible defense. If you are not sure how to proceed with your DUI or DUID case call us today for a free consultation.

DUI & DWAI Frequently Asked Questions

Q: What is a DUI?

A: A DUI as defined by section 42-4-1301 (1) (f), C.R.S. means “driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.” You can be charged with a DUI in the state of Colorado if a person’s BAC is a .08 or greater. A DUI is a misdemeanor offense.


Q: What is a DWAI?

A: A DWAI is defined by section 42-4-14301(1) (g), C.R.S. means” driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. You can be charged with a DWAI in the state of Colorado if a person’s BAC is at least .02 but not more than .05.


Q: What is Express Consent?

A: By operating a motor vehicle in the State of Colorado you are automatically giving "express consent" or granting permission to be administered a chemical test by breath, blood, or urine to measure your blood alcohol content if a law enforcement officer has probable cause to believe that a driver is under the influence of drugs or alchol or both.


Q: If asked to perform a roadside sobriety test should I comply?

A: Roadside maneuvers in the state of Colorado are voluntary. There is no requirement that you must perform roadside maneuvers. In fact, the roadsides are subjective, and while it can offer you the chance to show law enforcement that you are not under the influence, the reality is, that it could hurt your more than help you.


Q: The officer had me take a "PBT" (portable breath test does that count as my chemical test for the Express Consent?

A: No, typically if you consent to a blood test it will be adminstered at the local hospital, if you consented to a breath test it is usually done at a law enforment facility. Portable breath tests or "PBT" are inaccurate and do not satisfy the requirements of the express consent.


Q: What happens if I refuse to take a breath or blood test?

A: The law enforcement officer will serve with you an "Express Consent Affidavit and Notice of Revocation". This form will indicate that you have seven days to request a hearing through the DMV, if you do not request a hearing your drivers license will be revoked on the eigth day.


Q: What happens if I elect to take a breath test?

A: The law enforcement officer will serve you with an "Express Consent Affidavit and Notice of Revocation". This form will indicate that you have seven days to request a hearing through the DMV, if you do not request a hearing, your drivers license will be revoked on the eight day.


Q: What happens if I elect to take a blood test?

A: If you elected to take a blood test and the results are over 0.08, the DMV will mail you a notice giving you a 10 day timeframe from the date of the letter to reqeust a hearing. If you do not request a hearing in that timeframe your drivers license will be revoked.


Q: How do I request a hearng?

A: To request a hearing, you must do so at a Department of Motor Vehicles Office. For a list of locations please click here.


Additional Information

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About Us

Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.

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