The DMV is truly a department with many variables
When a driver's license is revoked for refusal to submit to a chemical test for the first time, the revocation is for one year. A second revocation for refusing a chemical test is for two years while a third or subsequent revocations are for three years. In addition, unlike per se revocations, refusal revocations must run consecutively to any actions against a person's license. Just as with per se revocations, there is no discretion vested with the DMV about the length of the revocation. Those drivers with two or more refusal revocations will be eligible for driving privileges with the ignition interlock device after one year of the revocation is served. Drivers with first-time refusal revocations are not eligible for any limited driving privilege.
If a driver is convicted three times of DUI or DWAI, regardless of how many years separate the offenses, a two-year minimum license revocation is mandatory. The driver is not eligible for any limited driving privileges during the first year of the revocation but will be eligible to apply for early reinstatement with a restricted license after the first year of the revocation is served.
Client was arrested on April 6, 2012, for DUI after refusing a chemical test for a second time. With the 7-day temporary permit, his driving privilege was revoked for two years from April 13, 2012, to April 13, 2014, on a second refusal revocation. Client was convicted of a third alcohol-driving conviction on November 14, 2012, and an additional two-year license revocation was entered which should have extended the revocation until November 17, 2016.
With the provisions of early reinstatement, Client was eligible to reinstate on the two-year refusal revocation on April 13, 2013, and on the three-conviction revocation on April 17, 2015. Upon checking with the DMV, Client was advised that he could reinstate with the interlock on July 23, 2013.
The point is that the defense attorney should always check with the DMV to determine the reinstatement eligibility date. The DMV is truly a department with many variables.
Don't delay, call me immediately (970-871-7400) for help with any DUI or DWAI charges.
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"Over the last fourteen years, I have tried more jury trials than any practicing attorney in the 14th Judicial District (Routt County, Moffat County, and Grand County Colorado including Steamboat Springs, Craig, and Hot Sulphur Springs) with consistent success."
-- Larry D. Combs
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