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Violated implied consent act in NM, is there any way to get an occupational drivers license/hardship license in CO?

Denver, CO |

Violated implied consent law at dwi checkpoint in NM. Criminal trial pending and administrative side is being appealed. I am a sales rep and my company will not allow me to drive with the interlock device installed in the company car. Would I be eligible for an occupational/hardship license(if eligible)? Do you have any general advice for my situation? I need representation in CO, as I plan on relocating there in order to stay employed if there is a way to drive to and from work without the interlock.

Attorney Answers 5


  1. While you are under revocation in New Mexico you will not be allowed to obtain a license in CO. Don't move here just to obtain a license as you will be denied if you have a hold on your license from another state.

    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.


  2. I'm not aware of any occupation/hardship exception to an alcohol related suspension of your driving privileges in CO. But have you checked that you're actually suspended in CO, not just NM? Sometimes there's a significant delay in reporting between states, and your license here may still be valid. However, if you have never applied for a license here and need a new one now, you'd be committing another crime by falsely answering the DMV question question asking about your license status in other states.


  3. If you are suspended in NM, you won't be able to get a driver's license here in CO even a restricted driver's license.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.


  4. If by violating implied consent you mean you didn't take a blood or breath test then you will not be allowed to get a restricted or "red" license through the administrative process in colorado.

    The Law Office of Benjamin Hartford - 303-522-7573 - Benjamin Hartford has 10 years experience in criminal law and specializes in DUI/Vehicular Assault/Homicide Cases. Attorney Hartford's decision to answer your questions does not constitute an attorney/client relationship. The Law Office of Benjamin Hartford offers Free Consultations and we encourage that you contact the firm to discuss your case in more detail.


  5. If your driver's license is revoked in New Mexico, you would not be authorized to get a Colorado driver's license until you have reinstated your driving privileges in New Mexico. The other problem you face is that Colorado only allows for a probationary license (Colorado does not have a hardship or work license anymore) with the installation of the ignition interlock.

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