Any Stop for Drinking and Driving Can Result in Driving Restrictions
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Whether you are underage drunk driving (UDD), driving while ability impaired (DWAI) or simply refuse a chemical test after an arrest, you may face driving restrictions. These restrictions range anywhere from three months to five years depending on the charge and sentence. Harsher sentences are possible for more serious offenses.
Driving Restrictions for Minors
Driving revocations for minors usually range from three months to one year. If the offense involves an accident, the timeframe lengths to three years. In almost all cases, there is no allowance for early reinstatement for minors.
Refusal of Chemical Test After Arrest
While you don’t have to consent to a roadside sobriety test, once arrested, you must agree to a chemical test or face consequences. In fact, the standard sentence for chemical test refusal is one year of driving revocation.
Refusal of a chemical test doesn’t allow for early reinstatement. While we recommend not consenting to a roadside test before arrest, you must decide for yourself if you should consent to the chemical test after arrest. You will face steep penalties for refusing.
Driving Restrictions for Other Charges
With a first offenses for DUI or DWAI, the driving restrictions are shorter. However, with each subsequent conviction, the driving revocation timeframe goes up. Once you reach the habitual offender classification, you face five years of driving revocation.
Adult Drivers – alcohol-related Driving Revocations And Reinstatement Eligibily
| Type Of Offense | Revocation Authority | Length of Revocation | Regular Reinstatement Requirements | Early Reinstatement Requirements |
|---|---|---|---|---|
| 1ˢᵗ Offense-Excess BAC < 0.150 | C.R.S. § 42-2-126(3)(a)(I)(A) | 9 months |
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| 1ˢᵗ Offense-Excess BAC ≥ 0.150 (PDD) | C.R.S. § 42-2-126(3)(a)(I)(A) | 9 months |
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| 2ᶮᵈ Offense-Excess BAC (PDD) | C.R.S. § 42-2-126(3)(a)(I)(B) | 1 year |
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| 3ʳᵈ or Subsequent Offense – Excess BAC (PDD) | C.R.S. § 42-2-126(3)(a)(I)(C) | 2 years |
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Regular Reinstatement Requirements
To reinstate driving privileges after a drunk driving sentence, you must complete specific tasks based on the law. While these vary slightly depending on your charge and offense, a few requirements are standard.
- Serve the full period of the driving revocation
- File an Application for Reinstatement
- Pay a $95 Reinstatement Fee
- Retake the eye, written and drive tests
Driving restrictions are costly, including the inconvenience, paperwork and fees. Work with the team at DUI Law Firm Denver to build the best defense against a driving revocation sentence.
Early Reinstatement
In some cases, it’s possible to apply for early reinstatement. In most cases, you must complete at least one month of revocation first. At DUI Law Firm Denver, we help clients understand their rights, including applying for early reinstatement.
Before you receive early reinstatement, you must follow the standard process for regular reinstatement based on your specific charge. Requirements vary.
Avoid Driving Revocation from the Start
The best way to deal with a driving revocation ruling is to fight the charges before you’re sentenced. At DUI Law Firm Denver, we work with clients to defend against the other side’s case. We begin work on your case immediately to position you for the best possible outcome.
We use our extensive legal experience in combination with the science behind the chemical tests to break down the other side’s case. During a traffic stop, accident processing or arrest, errors sometimes occur or law enforcement may fail to follow proper procedures. We do the investigative work to discover any of these issues and other points to strengthen your defense.
Experience You Can Trust
At DUI Law Firm Denver, we’ve worked on hundreds of DUI cases. We’ve successfully represented clients with all types of charges, including those that result in driving restrictions. The quicker you contact us, the quicker we start building your defense.