There are two parts to any DUI charge. You will be required to appear in County Court for the criminal proceedings and you will have to schedule a Department of Motor Vehicles (DMV) hearing in Fort Collins, Boulder, or Loveland
Criminal Proceedings for a DUI in Larimer County
For your criminal case, the district attorneys cannot push for your license to be suspended. The only punishment they can decide and implement is jail time, probation, and / or restitution for Larimer, Boulder, or Grand County.
Department of Motor Vehicles Hearing for Driving Under the Influence
When you are first arrested for and charged with a drunk driving offense, you will receive a yellow piece of paper notifying you to call and schedule a DMV hearing. You have seven days to call or your license will be automatically suspended. This hearing is only to decide whether or not you should be able to keep your license. At this hearing, the hearing officer decides four things:
- Was there probable cause to stop your vehicle?
- Was the blood or breath test reliable enough to suspend your license?
- Were you advised of your rights before giving the blood or breath sample?
- Was your BAC .15 or over?
How Long Will My License Be Suspended for a DUI in Fort Collins?
If the DMV hearings officer feels the above questions are true and verified, your license will be suspended. For a first time DUI offense, you will lose your license for 9 months. If you refused to give a breath or blood sample, you will lose your license for one year. Of course, there are provisions for early reinstatement if you have an interlock device installed in your car.
Should I Get a Lawyer for My Colorado DMV Hearing?
It is important you have an experienced criminal defense attorney with you at both your criminal and Department of Motor Vehicles hearings. The lawyers at the O’Malley Law Office have worked with clients facing DUI charges and have been able to work out deals where they don’t lose their license entirely. Our knowledgeable attorneys may be able to get you an interlock probationary or ‘red’ driver’s license, giving you the freedom to still drive yourself to work.
There are many factors which determine whether a driver’s license is suspended and whether an interlock probationary or “red” license can be granted. So, if you are contacted by police concerning a drinking and driving traffic offense, be smart, exercise your right to remain silent, and call the O’Malley Law Office today at (970) 658-0007 for a free consultation. Together, we can protect your future.
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