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What can you do if you already have a DWAI (3 years prior) and a red license. Now received a 2nd DWAI charge

Denver, CO |

What are the possible penalties and is it possible to main the red license for work purposes?

Did not do a BAC, got blood drawn and results are not completed. Did refuse. Occured in Adams County and hearing is for end of May. Also concerned about jail time.

Attorney Answers 4


Fight the second DWAI. If you get a conviction, your right to drive will be taken away for a year.

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The possible penalties are 5 days to 1 year in the county jail, a fine of $600 to $1000, 48 to 96 hours of community service, various court costs, etc.

The red license will certainly be a challenge.

By all means, you should consult with an experienced DUI defense attorney to explore your best means of defense.

Many, myself included, offer free initial consultations.

Best of luck.

John Buckley

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Which county are you in? I ask this because that can reveal a lot about your likely sentence should you either plead guilty or be found guilty. Did you refuse? What was your BAC? Who is the judge?

Your concern appears to be more with the red license rather than the actual DWAI, if this is true then you might want to fight this charge because ultimately you are going to be in the same position. If you plead guilty on a second, you will still have to go to a DMV hearing and the hearing officers will decide if you lose your privilege to drive completely or if it will merely be restricted. If you fight, you have a shot at not losing your license completely or extending the time you are under restriction. It is hard to give you advice about your case without reviewing the discovery and your complete driving history.

Feel free to visit my website at for more tips on DUI- click on practice areas. Hope this helps.

Linda Lee, Esq.

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Both Linda and John bring up good points, which makes sense because they are both fabulous attorneys. If you are convicted of an alcohol-related driving offense, your license will be revoked for one-year as it is the second alcohol conviction within five years. If this was a refusal case and your last case was also a refusal, your license could be revoked for two years. In any event, there will be no opportunity for early reinstatement with an ignition interlock device if you are revoked or convicted in court.

Jay Tiftickjian
Denver DUI Lawyer

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