The following is general information and is not specific to your situation.
There are two agencies involved when a person gets a DUI; the Court system and the DMV. These two organizations work independently and have no idea what ruling the other agency will make. One may charge you with a DUI while the other may not, or both may require you to complete a DUI program. Only the DMV can affect your driver’s license. They may restrict or revoke your license until certain criteria have been met. They look at every case individually so it is hard to determine what will happen to your license ahead of time. The Court is the only agency that can require jail time or place someone on probation. Your first appearance in front of a judge will be your arraignment which is where you will find out what you are being charged with. It is not uncommon to make multiple appearances in court before you are sentenced. Both the DMV and the Court use the guidelines established by the Colorado Office of Behavioral Health to decide which DUI program you will need to complete.
The DMV has a standard set of rules regarding the license of someone under the age of 21 getting a DUI.
Will I lose my license and for how long?
Will I lose my license and for how long?
- If this is your first DUI, the DMV will revoke your license for nine months.
- If you have more than one DUI, you will lose your license for a minimum of one year.
Can I get my license reinstated early?
- If this is your first DUI and your BAC (Blood Alcohol Content) was low (.149 or lower) and your license was revoked for nine months, you cannot reinstate early, you will have to complete the full nine months before you can get your license back.
- If this is your first DUI and you had a high BAC (.150 or higher) and your license was revoked for nine months, you cannot reinstate early, you will have to complete the full nine months before you can get your license back.
- If you have more than one DUI, regardless of your BAC, you will have a mandatory revocation for one year. If the DMV revokes your license for two years in this situation, you may be eligible reinstatement after 1 full year.
- If this is your first DUI and your BAC (Blood Alcohol Content) was low (.149 or lower), you will NOT be required to have an interlock system installed in your vehicle.
- If this is your first DUI and your BAC was high, (.150 or higher), you WILL have to install an interlock system in your vehicle for two years. Your license will have to be reinstated before you can install the interlock system.
- If you have more than one DUI, you WILL have to install an interlock system in your vehicle for two
years regardless of what your BAC was. Your license will have to be reinstated before you can install
the interlock system.
*Note: The interlock time requirement does not start until the device has been installed.
There are two kinds of DUI programs most people may be required to do, Level I and Level II.
- Level I is usually required of someone who has a very low BAC (Blood Alcohol Content) such as .02 to .07.
- There are a total of 6 education classes done once a week with each class being 2 hours long.
- Level II is typically used when someone has a BAC of .08 and higher.
- There are a total of 12 education classes done once a week and are 2 hours long. Along with the education, the other component to a Level II program is Track Therapy. There are four tracks, A, B, C, D.
Once you are enrolled with a State licensed agency for Level II Education and Track Therapy, you are eligible to receive an “Affidavit of Enrollment” form. You can take this to the DMV for consideration of getting a restricted license or your full license back. If you do not complete the designated Education and Track Therapy classes/groups, the agency is required to notify the DMV and your license will be suspended again.
This is a decision only you can make. Some people feel more comfortable when working with an attorney. Other people feel the court will look more favorably on them if they take responsibility for the event and convey they will do whatever it takes to satisfy the court.
All interlock agencies are required to communicate with the DMV, letting them know when a device has been installed and when one has been removed. Operating a motor vehicle without an interlock device when it is required is a class 1 misdemeanor. It is a traffic offense that is punishable by a minimum of 10 days in jail to a maximum of one year. There is a fine of $300 to $1000, court costs and surcharge fees associated as well.