DUI First Offense Attorney - Colorado Springs, Denver

Will I Lose My Driver's License on a DUI First Offense?

At Daniel, Thom & Katzman, P.C., we understand that being charged with a DUI is a very confusing and unsettling experience for most people. The potential penalties can greatly change your life.

It is very important to get experienced criminal defense counsel if you are facing first time DUI charges. Most people do not know, for example, that there are two processes involved in a DUI charge: the administrative part at the Department of Motor Vehicles, which deals with your driver's license, and the criminal process which takes place in court and involves penalties such as fines and jail time.

Will I Lose My Driver’s License on a First DUI Offense?

If you are 21 or over and you submitted to a chemical test of your blood or breath and your Blood Alcohol Level, or BAC, is over .08, you will have the option to request a hearing with the Department of Motor Vehicles, or DMV.

If you submitted to a breath test and the police officer took your driver’s license, you should receive an Affidavit and Notice of Revocation from the police officer. You have seven days from when you received the notice to request a hearing with the DMV. If you do not request a hearing, your driver’s license will automatically be revoked after the seven days have passed.

If you submitted to a blood test, a lab will determine your blood alcohol level, and if your BAC is over .08 the officer will submit the BAC along with his reports to the DMV. You will receive a letter in the mail from the DMV informing you that you have until a certain date to request a hearing or your license will go under revocation.

If your license is revoked at the DMV hearing or if you did not request a hearing, the revocation will be for nine months. You will have the option of reinstating your driving privileges with the Ignition Interlock Device after one month of no driving. If your BAC was below .170, you will be required to have the Ignition Interlock Device for eight months, but if the DMV receives four consecutive months of reports with no fails they will send you a letter advising you that you can remove the device early. If your BAC was over .170, you will be required to have the Ignition Interlock Device for two years from the date of reinstatement.

If you refuse to submit to a chemical test of your blood or breath you should receive the Affidavit and Notice of Revocation from the police officer advising you that you have seven days to request a hearing. If your license is revoked at a hearing or after failing to request a hearing, the revocation is for one year and there are no driving privileges.

What Are the Possible Penalties in Court?

The possible penalties on a DUI first offense can include five days to one year in jail and $600 to $1,000 in fines. The court may order you to complete an Alcohol Evaluation with the probation department and complete their treatment recommendations. The treatment may consist of Alcohol Education classes as well as Alcohol Therapy. You will also be required to complete Useful Public Service (usually 48 to 96 hours.) If your BAC was over .200, there is a mandatory minimum 10-day jail sentence.

The DUI defense lawyers at our firm are prepared to fight vigorously on your behalf to get you the best possible outcome on your case. Call us at 1-877-DUI-COLO to schedule a free initial consultation to discuss how we can help, or contact us online.