This is not a simple question. There are a number of factors in play: your reported BAC, whether you complied with express consent, your age, and more. The important thing in the immediate term is to make sure you set up a hearing with the DMV. It would be a good idea to contact a DUI attorney to go over the facts in your case, because there is a possibility of not losing your license at all depending on what your case looks like. For more general information, you can always look at the DMV's website, but keep in mind this is really incomplete information and no substitute for legal advice tailored to your individual situation.
The proceeding statement is for your benefit and designed to orient you to seek help more completely; it should not be construed as a complete answer to your legal problem or a substitution for legal advice. Only when an attorney has had the opportunity to fully explore the issues of your case can you truly be advised. By reading my statement you should not infer we have created an attorney client relationship.
There are two different ways to lose your license on a first DUI. If you have an express consent hearing at the DMV and then department is able to determine in fact a revocation is appropriate you would lose your license for a 9 month period, but would be eligible to reinstate after 30 days with an interlock device. If you do not have an express consent issue with the DMV or you prevail at your express consent hearing you could still lose your license depending on what happens in criminal court.
This is a very complicated area of the law and you should definitely consult with an attorney that practices in the DUI field. I would be happy to give a free consultation to further explain the possible consequences.
I suggest you make arrangements to hire a DUI attorney to thoroughly review your situation sooner rather than later. You have just 7 days from the date of the incident to request a hearing at the DMV to contest the pending revocation, otherwise you waive your right to the hearing and the temporary permit. The duration of the revocation depends upon several factors, many of which you've omitted. Parallel civil and criminal prosecutions occur as a result of your being cited with a DUI and are best handled by a skilled DUI lawyer.
The MCCLUSKEY LAW OFFICE 303-698-1603 is dedicated to helping individuals accused of crimes. However, the only method of establishing an attorney client relationship with the MCCLUSKEY LAW OFFICE is by signing a fee agreement. A response to your inquiry from the MCCLUSKEY LAW OFFICE does not create an attorney client relationship nor does it bind the MCCLUSKEY LAW OFFICE to represent any person or entity. The MCCLUSKEY LAW OFFICE urges those with inquiries to consult with an attorney in person.
In an effort to not be redundant, all the previous answers are spot on. The reality is that you should consult directly with an experienced DUI Defense attorney as soon as possible. While AVVO and other sites like this are great, they are not the appropriate forum to obtain legal advice nor should they be relied upon in liue of a consultation with an experienced DUI attorney.
All the reputable DUI defense firms in CO offer free consultations to prospective clients. Take advantage of these to ensure that you understand the process, potential penalties (both criminally and administratively), collateral consequences and your options. Once you have obtained this information, you can then make an educated and informed decision that is in your best interest given your situation.
Again, call as many DUI attorneys as you like and take advantage of the consultation. Then if you choose, you can hire one of those attorneys based on who you feel gives you the best chance to obtain a favorable outcome on your case.
My firm offers free consultations, so feel free to call my office if you would like to discuss your case further and explore your options.
My decision to answer your question does not construe an attorney client relationship. My opinion is based on the facts you have provided. Before making any decisions, you should always consult directly with an experience attorney, either in person or via phone.
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