Blog Topic

DUI and DWAI: Changes in the Law
Posted by: Deborah Fife
April 22, 2009

As of January 1, 2009, Colorado has made significant changes in the laws pertaining license revocations for first-time DUIs and DWAIs. Now, there is very little difference in the DMV consequences between a first-time DUI and a first-time DWAI unless you win at the DMV hearing or if you refused to take a test. For this newsletter, we included a basic summary of the new laws at the DMV for first time alcohol driving offenses in Colorado. Please share this information with your family and friends.

First, the bad news: prior to January 1, 2009, the DMV could only revoke a person over 21 years old for 3 months at the DMV administrative hearing if they found that the person had a BAC (a Blood or Breath Alcohol Content above a %0.08). Now, the DMV will revoke a person's driver's license for a full 9 months for a first offense.

Next, the semi-good news: the DMV will now automatically allow a person over 21 years old to install an Interlock ignition system (or a "blow tube") in a car and drive unrestrained after serving 30 days of the 9 month revocation. A person no longer needs to go to a Probationary Driver's License Hearing and ask the DMV hearing officer if he or she can be allowed to drive during the time period of the revocation. Also, the DMV is telling us that they will allow a person to re-instate his or her normal driver's license after 4 months with the Interlock system so long as he or she has no problems with the blow tube. That means a person cannot blow positive for alcohol or tamper with the device.

However, to further complicate things, if the DMV takes a license for 9 months, it does not matter if a person pleads guilty to either a DUI or the lesser offense of DWAI in Court. The driver's license repercussions remain the same. The only way to keep a person from losing their license for the 9 month first time DUI revocation at the DMV is to win at the DMV hearing. Even still, if you are convicted in Court for DUI, the DMV will revoke the license for a 9 month period. So, now a person must win at the DMV hearing and avoid a DUI conviction in court in order to preserve his or her privilege to drive.

Please note that anyone under 21 years old still faces a 1 year license revocation for a first time alcohol related driving offense above a %0.05. Also, anyone who refuses to comply with either a blood or breath test will still face a full 1 year revocation as well. There is no leniency at the DMV for underage alcohol related offenses or for those over 21 years old who refuse a chemical test of their blood or breath. The laws for multiple offenders also remain the same.

As these laws get more and more strict, they also get more and more complicated. Please understand that this newsletter is only a basic summary. If you know of someone who is facing any drunk driving charge, please encourage them to call us immediately. They have rights that they can lose within as little as 7 days from the time they get the ticket. Either Charlie, Darin or Dan will be happy to consult with them for free in the privacy of our office. Thank you and remember, FRIENDS DON'T LET FRIENDS PLEAD GUILTY!

– Attorney Dan Mossinghoff

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