When an underage driver is pulled over and tests positive for alcohol in their system there are what’s called “per se” license revocations administered through the DMV.
These license revocations are different than the one year revocation due to a criminal conviction. Instead, these are effective regardless of the criminal case’s outcome. These revocations are as follows:
BAC from .021 to .049 results in a one month revocation (no driving permitted) follow by a two month probationary license
BAC from .05 to .079 results in three months of revocation (no driving permitted)
BAC from .08 and up results in nine months of revocation (no driving permitted)
*A second time you are found to have a BAC anywhere up to .20 results in six months revocation
**A third time of having a BAC anywhere up to .20 results in one year revocation
An underage driver’s “conviction” of a DUI or DWAI will result in a one year revocation of the driver’s license. There is no probationary license/ignition interlock allowed, this is one year of no driving whatsoever.
This one year runs concurrent to any revocation through the DMV. For example, if an underage driver has a BAC of .065 then they will 1) lose their driver’s license for three months through the DMV, and 2) if at the conclusion of their criminal case they are convicted of DUI/DWAI then they will lose their license for one year but will be given credit for the three months they have already been revoked.
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When contacting our offices one of the first questions people will often ask our defense attorneys is “What is the chance of winning a case in Colorado?” Every case is unique and presents a different set of circumstances. For example, a case in Aurora would be defended differently from a case in Denver, or a case in Lakewood. However, the sooner you contact a lawyer, the greater your chances are of getting a favorable outcome. Our attorneys have the combined experience of handling thousands of cases throughout their careers.
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Criminal Practice Areas
Our Colorado lawyers aggressively defend your rights. Certain situations offer options such as evidence suppression, dismissal of the charges, or greatly reduced penalties, but only an experienced lawyer will be able to understand the circumstances surrounding your case fully. If you have prior charges or a felony on your record, it is especially important to contact a defense attorney promptly to seek advice and understand your case.
Driver’s License Revocations from DUI
A DUI arrest results in two separate legal proceedings against you: the criminal case and an administrative license revocation hearing through the Colorado Department of Motor Vehicles. If your BAC is confirmed through chemical testing to be .08 or above, or if you refused to submit to a breath or blood test, you will be subject to a license revocation through a civil administration hearing.
Alcohol Related Driving Offenses
There are two different alcohol related offenses that can result from driving after you have consumed alcohol. Whether you are charged with one or the other depends on the amount of alcohol in your system. The charges are: “Driving While Ability Impaired” – DWAI and “Driving Under the Influence” – DUI.
The Colorado law firm, Thomas Law Firm, defends all types of DUIs, from drug related to alcohol impaired driving offenses. If you have been accused of driving under the influence for felony or misdemeanor charges, contact our DUI criminal defense lawyers at(720) 542-6148.
Injury Property Damage And Car Crash DUI
A car crash is a situation nobody wants to find themselves in, let alone be responsible for. In Denver, the penalties for these accidents include heightened insurance rates, fines, and, if alcohol was involved, legal repercussions including serious and potential felony DUI charges. When a drunk driver is involved in a car crash that leads to property damage or bodily injury, the penalties increase significantly.
DUI/DWAI for Commerical Drivers
Penalties for receiving a DUI are much harsher for commercial drivers and the consequences may reach far beyond losing your license and paying a fine. Commercial drivers are subject to stricter standards because their job requires them to operate vehicles that can contain toxic waste or precious cargo—it is a matter of public safety that these drivers be as safe as possible. Driving drunk while operating a company vehicle puts the company as well as the public-at-large at risk.
Recent changes to Colorado law have made it so it is now legal to possess and use marijuana. However, it is still a crime to drive a motor vehicle while under the influence of marijuana or any other drug. A conviction for driving under the influence of drugs will lead to the same penalties as driving under the influence of alcohol.
"I highly recommend William and his team. We hired him on a criminal defense case and he and his group were extremely professional, courteous, easy to work with, and available when needed. We honestly cannot say enough! Thank you all very much!"
"I had hired another firm before I met with Mr. Smith. After speaking with him I knew he was the best fit to represent me and my case. I had a very complex case facing multiple charges including a DUI. He made me feel very optimistic but didn’t withhold possible outcomes. He communicated everything to me in a way that I could understand. I was always able to reach him and his paralegal Molly with any questions and they were answered with no hesitation. He aggressively litigated my case and exceeded all expectations I had. He was able to get the DUI charge down to a DWAI and the other charges dropped. I was facing very severe consequences and in the end the two goals we had set he was able to accomplish. He is very knowledgeable as well as trustworthy. I can honestly say without Will my future would be completely different. He saved my career, my driver’s license and most importantly, my freedom. I HIGHLY recommend Will to represent you and your case; that was the best decision I could have made."
"My experience was strong and supportive! We all go through tough times and this was one of those times for me. I didn’t know who or where to turn to. My attorney and the whole practice guided me through the process and helped bring me to the best outcome. All I can say is “thank you”!"
"Hiring Mr. Johnson was the best thing I could ever have done during such a stressful time. I had never been arrested before and was very upset with myself for allowing myself to get a DUI. Mr. Johnson and his staff were very sympathetic and non-judgmental. While in court, Mr. Johnson presendted me as a good person who made a mistake. It was his representation of me that resulted in a favorable outcome. Thank you so very much for all you did for me Mr. Johnson."