If you are convicted of any moving violation for the new offense, your license will be suspended for an additional period, even if you reinstate it in November. The DA may allow you time to get your license back and offer you a plea to a non moving violation, if you are eligible to do so by your first court date. If your prior DUI was what's called a 'baby DUI' it does not count as a prior alcohol offense, but if it was not, you are looking at a 30 day mandatory jail sentence on the new ticket because of the prior alcohol conviction. Contact an experienced defense attorney using this site. Most attorneys, my firm included, offer free one hour consultations. Good luck.
Mr. Greenwood is correct. I would apply and get your license back in November and show up with the driver's license and all of the effort that you went through to get the license and ask for a 0 pt charge or a total dismissal. Most DAs will be reasonable and want you to get a driver's license. This is especially true in an area like Denver where we do not have a great transit system like Chicago or New York.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
Both of my colleagues are correct. Get your license when you can, which may lead the prosecutor to give you a bit of a break.
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.
As Mr. Greenwood and Mr. Leroi pointed out, the key is to get your license back and get a "0" point ticket. Any ticket that gets reported to the DMV will cause your license to be revoked for at least one additional year.
Also, as my colleagues have mentioned, the current charges you face carry potential jail time. Go to court with your license in hand in December and see if you can obtain a 0 pt plea. if you cannot, you need to ask for a continuance and hire legal representation.
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.
A conviction for driving under revocation is a traffic misdemeanor that will not only cause you to lose your license for an additional period of time, it may also land you in jail. I recommend that you reinstate your driving privileges as soon as you are eligible and bring your reinstated license to court to show the DA. The key to keeping your license is to have the DA reduce the charge to a non-moving violation, such as a class B traffic infraction. A conviction for any moving violation that occurred while your driver's license was revoked will trigger an additional period of revocation from the DMV.
DUI DUI defense DUI as a criminal offense DUI sentence DUI charges DUI and driver's license penalties License reinstatement after DUI Underage DUI Criminal defense Criminal charges Misdemeanor crime Crimes against society Defenses for criminal charges Criminal court Criminal sentencing Moving violations Government law
Sign up to receive a 3-part series of useful information and legal advice about DUIs.