In a few days, Colorado’s DUI laws will change to start the New Year. There are many revisions to the criminal law pertaining to drunk driving, especially refusals and driver’s license reinstatements.
Come January 1, anyone who refuses to take a breath or blood test will be considered a “persistent drunk driver” if revoked at a DMV hearing. In addition, a motorist with a BAC of 0.15 or more, even on a first offense, will be placed in the same category.
While the media has been highlighting how the laws get tougher on DUI, there are some revisions that assist motorists in this unfortunate situation. Under current law, a first refusal comes with a year driver’s license revocation with no options for hardship or work driving. Under the new law, a driver that is revoked for a refusal will have an opportunity to get a restricted driver’s license after two months. Similarly, multiple offenders who are currently under a revocation for a year or more will have an opportunity to reinstate after one month of no driving.
“There are many people without a license who will have an opportunity to drive and support their families,” says Denver DUI attorney Jay Tiftickjian. “While interlock devices are costly and embarrassing, at least there is some options available after a shortened period of time for some people.”
Tiftickjian Law Firm’s website includes driver’s license reinstatement instructions for persons who become eligible for driving privileges come January 1.
Despite the new laws and the expansion of the “persistent drunk driving” category, it is always wise to challenge a driver’s license revocation with an attorney’s assistance. Revocations are not automatic and an experienced DUI lawyer can look for legal arguments against taking someone’s driver’s license in a DUI case.