I beat the dui case in court, fought the dmv but more than 30 days had passed to appeal so i lost, did all my classes and went to get my license now they say I need the interlock but I had already waived the interlock and it has been 2 years without my cdl license what can i do to get my license back ? this is my second dui but my first one was 10 years ago.
DUI / DWI Attorney
A second administrative revocation for an excess BAC results in a one year revocation and a classification as a Persistent Drunk Driver by statute. A first offense with a BAC > .169 also results in you being classified as a Persistent Drunk Driver. All Persistent Drunk Drivers are required to install and maintain ignition interlock in all vehicles they own and drive for no less than 2 years from the date the license is reinstated. You cannot reinstate your CDL while your Class R driving privileges are restricted to interlock as you appear to already know.
There is no way around this mandatory requirement. The only option you would of had was to reinstate as a non-owner after serving the one year revocation and then 2 years after that you could reinstate without interlock. You cannot "waive" the interlock unless you submit the proper reinstatement paperwork as a non-owner. If you failed to submit this paperwork, you will get no credit off the interlock requirement for the period of time you were without a license.
The Orr Law Firm, L.L.C - 303-818-2448 - Is Colorado's Premier DUI and Criminal Traffic Defense Law Firm. Rhidian Orr is the senior partner and owner of the firm and focuses his practice exclusively to DUI and criminal traffic matters in the state of Colorado. His decision to answer your questions does not constitute an attorney/client relationship. The Orr Law Firm offers FREE Consultations and we encourage that you contact his firm to discuss your case in more detail.
Perfect answer by Mr. Orr as always. that is why anyone with a DMV issue should go to him.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.
General Practice Lawyer
Mr. Leroi is right -- Mr. Orr nails these questions daily!!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.