Colorado Driver's License Appeals Lawyer
Helping Clients Preserve Their Driving Privileges
We don't realize how valuable our driving privileges are until they are taken away. Our lives are dependent on our ability to get from place to place freely - from school to work, doctor's appointments to family gatherings, and back again. Additionally, others depend on our ability to drive, which equates to our ability to earn money, live freely, and enjoy life.
At Michael T. Kossen, P.C., Attorneys at Law, we assist our clients in the reinstatement of their driving privileges through the often complicated and confusing DMV reinstatement process. We can also help you appeal an illegal revocation or suspension of your license or driving privileges. Our criminal appeals lawyer may be able to help you get your driver's license back through the reinstatement process, so that you can return to driving legally.
Have You Lost Your Colorado Driver's License?
To schedule a free consultation with a criminal appeals lawyer, contact us online or call us at 303-791-6500.
Alcohol Revocations Prior to Court Conviction
If you get stopped for drunk driving in Colorado your license can be taken away before and after you go to court.
What is an express consent (refusal) revocation hearing and how long can they take my license?
If a police officer acting with probable cause requests that you take a blood, breath or urine test and you refuse, the State of Colorado may revoke your license for one year on a first refusal, two years on a second refusal and three years on a third or subsequent refusal. This revocation runs consecutive to any other revocation in effect against your driving privilege. You are entitled to a hearing regarding your alleged refusal if you request a hearing, in writing within seven days from the date of the alleged refusal. You should always request a hearing. Furthermore, you should seek an attorney who can represent you at your hearing. Many issues can arise which will make an express consent revocation of your license illegal.
What is a "per se" revocation and how long can they take my license?
If a police officer, acting with probable cause, requests that you take a blood or breath test and the test reveals an alcohol content in excess of .08, the State of Colorado may revoke your license for three months on a first "per se" action and one year on a subsequent offense. You should seek a criminal defense attorney who can represent you at your hearing. Many issues can arise which will make a revocation of your license illegal.
Revocations After an Alcohol Conviction
If I am convicted of an alcohol offense, how long can they take my license?
If you are convicted of a DUI, motor vehicle will suspend your license for twelve months on a points suspension. If this is a first offense, you are eligible for a restricted license upon application for a hearing.
If you are convicted of a second DUI or DWAI within five years, the motor vehicle department will revoke your license for two years. If you are convicted of a third alcohol offense or any other "major traffic violation" within seven years, you will lose your license for five years as a habitual traffic offender. If you are convicted of a third offense within a lifetime, but outside seven years, you will lose your license for two years. This statute applies even if the convictions occurred 30 or more years ago.
Can I get a restricted license to go to and from work?
If you are convicted of a DUI, motor vehicle will suspend your license for twelve months on points. If this is a first offense, you are eligible for a restricted license upon application for a hearing. If you are convicted of a second DUI or DWAI within five years or a third outside seven years, the motor vehicle department will revoke your license for two years.
If you are convicted of a third "major traffic violation" within seven years, you will lose your license for five years as a habitual traffic offender. If you are convicted of a second or more alcohol offense, you can only get a restricted license if you agree to put an "interlock" device in your car.
An "interlock" device requires you to provide a breath sample prior to starting your car and intermittently after you start your car. You should consult a good attorney to appear at your hearing.
Alcohol Revocation
First Offense: If you know you are under a valid alcohol related revocation and you drive anyway, you can be convicted of driving under revocation. Furthermore, during the pendancy of your case, you may be required to post a $10,000 bond. Unless you drive under an "emergency" situation, a first conviction for driving under revocation requires a judge to impose between 30 days and one year in jail. The absolute minimum is 30 days on a first offense and there is no guarantee that the judge will impose the minimum, especially if you have a prior driving under revocation conviction more than five years ago. On a first offense, the judge must impose a fine of between $500 and $1,000. You will also face an additional one year revocation of your driving privileges calculated from the date you were eligible to reinstate on the date you got caught driving.
Finally, a driving under revocation conviction constitutes a habitual strike against your driving record. After three major traffic violations within seven years, the Department of Motor Vehicles must revoke your license for five years. You should seek an attorney who can reduce the potential penalties in your case and perhaps retain your driving privileges.
Second Offense Within Five Years: If you know you are under a valid alcohol related revocation and you drive a second time within five years you can be convicted of driving under revocation. Furthermore, during the pendency of your case, you may be required to post a $10,000 bond. A second driving under revocation offense carries a jail sentence of between 90 days and two years.
The absolute minimum is 90 days on a second offense with no guarantee that the judge will impose the minimum, especially if you have more than one prior offense. On a second offense, the judge must also impose a fine from between $500 and $3,000 in addition to court costs. Also, a second conviction within five years requires a four year revocation which runs from the date of conviction.
Finally, a driving under revocation conviction constitutes a habitual strike against your driving record. After three major traffic violations within seven years, the Department of Motor Vehicles must revoke your license for five years. You should seek a good attorney who can reduce the potential penalties in your case and perhaps retain your driving privileges.
Non-Alcohol Related Revocation
First Offense : If you know you are under a valid "non-alcohol" related revocation and you drive, you can be convicted of driving under revocation. Unless you drive under an "emergency" situation, a conviction for driving under revocation requires a judge to impose between five days and six months in jail. On a first offense, five days is the minimum.
There is no guarantee that the judge will impose the minimum, especially if you have prior driving under revocations more than five years ago. The judge must also impose a fine of between $50 to $500, in addition to court costs. You will also face an additional one year revocation of your driving privilege.
The additional one year is calculated from the date you were eligible to get your license back when you got caught driving. You should seek a good attorney who can reduce the potential penalties in your case and perhaps retain your driving privileges.
Second Offense Within Five Years: If you know you are under a valid "non-alcohol" related revocation and you drive, you can be convicted of driving under revocation. Unless you drive under an "emergency" situation, a second conviction for driving under revocation requires a judge to impose between 30 days and one year in jail. Also, a second conviction within five years requires a three year revocation which runs from the date of conviction.
Finally, a driving under revocation conviction constitutes a habitual strike against your driving record. After three major traffic violations within seven years, the Department of Motor Vehicles must revoke your license for five years. You should seek a good attorney who can reduce the potential penalties in your case and perhaps retain your driving privileges.
DRIVER'S LICENSE REINSTATEMENTS
If your driver's license has been suspended, removed or revoked, we can assist you in the reinstatement process. You are not legal to drive a motor vehicle until your license has been reinstated even if you have completed the time period set forth in your revocation or suspension. In the event you get caught driving before being reinstated your initial revocation or suspension may be extended.
You may be eligible to get your license back now even though the DMV shows that you are currently not eligible. We can review your record to determine if your are eligible for early reinstatement.
Don't constantly be looking over your shoulder, help us help you get a legal driver's license back.
DRIVER'S LICENSE APPEALS
We can assist you in appealing an illegal revocation of your driver's license. You may be eligible to appeal the decision of the DMV and reverse the revocation or suspension entered. There is a time-limit, however, to when an appeal can be filed. In the event you are considering an appeal, contact us immediately in order that you do not lose your right to contest an illegal revocation or suspension of your driving privilege.
Do you have a revoked or suspended driver's license? To set up a free consultation with a criminal appeals lawyer, contact us online or call our law firm at 303-791-6500.
Based in Douglas County, Castle Rock, Colorado, Michael T. Kossen, Attorneys at Law, serves clients in Denver, the Front Range, Parker, Littleton, Elizabeth, Kiowa, Colorado Springs, Highlands Ranch, Monument, Larkspur, Palmer Lake, and Aurora, including El Paso County, Douglas County, Elbert County, Arapahoe County, Denver County, Lincoln County, and Jefferson County. Castle Rock, Colorado is located in the heart of Douglas County and is the home of the Douglas County Combined Court.
