A person charged with drinking and driving is under the influence (DUI). DUI is also used for persons driving while taking illicit drugs.
The blood alcohol concentration level must be .08 or more (adults) and .02 (minors). In this instance, the license of such persons is revoked by the Division of Motor vehicles (DMV).
When the individual arrested is taken to court and charged for the offense of DUI. It is at this stage, a criminal defense lawyer helps through the court process. DUI lawyers are necessary to get your revoked license back.
Revocation of your license can be for any of the following reasons:
- Driving under the influence (Drinking and driving or drunk and driving)
- Driving under the influence of illicit drugs
- Underage DUI
- Refusal to take the chemical test
The process to get your license depends on if you are an adult driver or a driver under 21. A common factor is to get a criminal defense lawyer involved. The process from arrest to retrieval of your license can be complex. Hence, the need for the services of a criminal defense lawyer expert in DUI. This helps to simplify the whole process as well as speedy recovery of your driver’s license.
Not all DUI offenses lead to the revocation of your license, especially for a minor. A criminal defense lawyer can tell you whether the offense you are charged with requires your license revoked.
THE PROCESS TO GET YOUR LICENSE AS A DRIVER UNDER 21 BY YOUR CRIMINAL DEFENSE LAWYER
Revocation of the driving license of a person driving under the age of 21 occurs if there is a blood alcohol content level of .02 and less than .08. It will be revoked for the following duration:
- First offender and first offense- 3 months
- Second offense – 6 months
- Third offense or more – 1 year
The Reinstatement requirements for each duration include:
- First offender and first offense: You need to make an application for reinstatement. You are to fill out a reinstatement form which is available in all states. In Colorado, it is called Application for Reinstatement Form DR 2870 and it is available on the Department of Revenue (Division of Motor Vehicles) website.
You are also required to pay a reinstatement fee of $95 and submit evidence of insurance. Afterward, fill out a Certification Form DR 2598.
- Second, Third, and more offense: It is also required to make an application for reinstatement. This is done by filling and submitting the reinstatement form DR 2870. Pay a reinstatement fee of $95. Submit evidence of insurance SR22 for 6 months for a second offense from the date of reinstatement. For a third or more offense, submit evidence of insurance SR22 for one year from the date of reinstatement.
Afterward, fill out a Certification Form DR 2598.
- Testing: One compulsory reinstatement requirement for the different categories of duration is to take the eye test, driving test, and a written test. You are also required to take the alcohol education course.
THE PROCESS TO GET YOUR LICENSE AS AN ADULT DRIVER BY YOUR CRIMINAL DEFENSE LAWYER
The driving license of a person driving above the age of 21 will be revoked if there is a blood alcohol content level of .08 and more. Your license is revoked for 9 months until the process of reinstatement is completed if it’s your first DUI offense. Revocation is 1 year if it is your second offense. Revocation is 2 years if it is your third offense or more.
The process of reinstatement can be done via mail. The process must be started at least a month before eligibility for reinstatement.
However, if you have no prior driving restraint and you have an interlock installed in your car, you are eligible to reinstate your license after a month of the license being revoked.
The Reinstatement requirement for the 9 months revocation
You’re to make an application for reinstatement by completing the form DR 2870. You’re also required to pay the reinstatement fee of $95. Submit your evidence of insurance SR-22 obtained from your insurance company. You are to fill out and submit the certification form for DR 2598.
The reinstatement requirement for the 1 month’s revocation
In addition to the requirement for the 9 months revocation, you are required to install an interlock in your vehicle or any vehicle you drive. You are to fill out the notarized Interlock affidavit DR 2058. Submission of the affidavit must be made with a signed copy of an interlock agreement and an installation certificate.
The reinstatement requirement for an adult driver with a blood alcohol level of 22 0.15 and more
In addition to the earlier stated requirements, evidence of insurance SR- 22 of not less than 3 years must be submitted. You must also enroll in an alcohol and drug education course. After which, you are to submit an affidavit evidencing your enrollment in form DR 2643. Otherwise, submit a discharge certificate from the treatment school. The certificate must state completion of the alcohol education.
It is noteworthy, the interlock providers must be accredited government interlock providers.
A letter of clearance is sent within 2 weeks of receipt of your application with all the required documents. It is after getting the letter of clearance, you can apply for a license. It is lawful to drive once you have the license in your possession.
REFUSAL TO TAKE THE CHEMICAL TEST AND THE REINSTATEMENT PROCESS BY YOUR CRIMINAL DEFENSE LAWYER
It is an offense to refuse to take the chemical test to determine your blood alcohol content level. It leads to the revocation of your license for a year for the first offense. For the second offense, it is 2 years revocation. While the 3rd and subsequent offense is 3 years revocation.
The reinstatement process of your license is the same as above.
Finally, you do not lose your right when you lose your revocation. However, after your DUI arrest, disciplinary actions may be taken against you. You only complicate things when you run from your obligation.
Thus, when you have a criminal charge, you have the right not to say anything that can incriminate. You can plead the fifth. An experienced DUI criminal defense lawyer can help with the disciplinary action against you.