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Will I be able to get a restricted licence with an Interlock system if my BAC was above .17?

Greeley, CO |

I am awaiting my sentencing for a DUI and I was wondering if, when they revoke my licence it's even possible to get a restricted licence if my BAC was high? Some people are saying that I can get it back after a mandatory thirty days with no licence if I do the paperwork and install an interlock and pay the fees, while others are saying that I cannot at all. I am a single mother, with a child with a medical condition so I need to be able to drive to work and his appointments. I know I messed up, but I need to know if there are any options left for me? Thank you.

Attorney Answers 3

Posted

If this is your first offense, you will be eligible to reinstate with interlock after 1 month of no driving. You will be required to have interlock and sr22 for 2 years, but you are eligible after 1 month of no driving as long as you do not have any priors. The key is to ensure you submit the correct paperwork in time to avoid any unneccessary delays in processing.

I'm guessing you must have won the hearing at the DMV if you are concerned about losing your license at sentencing?

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.

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Asker

Posted

Well that part is tricky. The police officer who arrested me that night didn't file an affidavit of revocation until today. He called me and explained that he was doing that this week, so that went backwards. The only reason I know what I'm facing is because I already signed the DA plea agreement. I am assuming that now that he has filed the revocation that I have to request a DMV hearing in the next few days and deal with that.

Rhidian David Watson Orr

Rhidian David Watson Orr

Posted

You definitely want to request a hearing as soon as you are served with the notice of revocation or receive the Order of Revocation in the mail. This is important as they DMV can only use the BAC based on an administrative determination, not a criminal conviction. While the period of revocation would be the same, the length of time you would be required to have interlock and sr22 would not be. The detriment to this, is that if you qualify for early reinstatement before your DMV hearing, you cannot reinstate early without waiving your right to the hearing. So a lot of this depends on the timing.

Asker

Posted

I go to court on the 9th. If I dont do the DMV hearing, will that ruin my chance of getting a restricted licence with the interlock?

Rhidian David Watson Orr

Rhidian David Watson Orr

Posted

No it won't eliminate your chance to get a license early with interlock.

Posted

Greeley:

There are always options for you. As Mr. Orr described, you have a process to get your license reinstated in short order. If you did not win your DMV hearing, or you never knew you had one, you are going to want to call the DMV and see what the status of your driving privilege is.

Brandon

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Asker

Posted

Thank you for your feedback.

Posted

I would echo both of the prior responses and would just add that the suspension could be longer if this is not your first alcohol related driving offense.

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Asker

Posted

Thank you. It is my first of any kind of offense. I appreciate your feedback.

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