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DUI License Revocation and Reinstatement

If you’ve lost your driver’s license as a result of a DUI, know that it is possible to get it reinstated. The majority of license revocations are not permanent and are instead suspension periods.

In the following article, we’ll go over the reasons you may lose your license and what the revocation periods may be, as well as the process of getting your license reinstated.


License Reinstatement Attorneys

Losing your license is a big deal. It can affect your job, your friendships, and your future employment prospects. If you’ve lost your license, you need someone who can advocate hard on your behalf to get it reinstated in a timely manner.

The Law Office of Matthew Martin has strong experience fighting DUI convictions and advocating for clients.

Call us now at (303) 725-0017 to set up your first consultation free of charge.


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DUI Penalties

The length of license revocation periods increases with every successive DUI conviction, as well as the circumstances regarding the conviction. The following is a list of DUI penalties for first, second and third-time DUIs.

First-Time DUI

  • Between 5 days to 1 year in jail
  • A fine of $600 to $1,000
  • 48 to 96 hours of community service
  • A 9-month license suspension.

Second-Time DUI

  • 10 days to 12 months in jail
  • A fine of $600 to $1,500
  • 48 to 120 hours of community service
  • A 12-month license suspension
  • A requirement to install the ignition interlock device for two years.

Third-Time DUI

  • 60 days to 1 year in jail
  • A fine of $600 in $1,500
  • 48 to 120 hours of community service
  • 24-month license suspension
  • A requirement to install the ignition interlock device for two years.

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Reinstatement

If you’ve been convicted under the above penalties, you will likely face a license suspension of anywhere from 9-24 months. Reinstating your license is relatively simple.

Step 1: Fill Out Form DR 2870

Form DR-2870 is Colorado’s reinstatement form. In it, you’ll need to provide your:

  • Name
  • DOB
  • Contact Information
  • Name of the company that installed your Ignition Interlock Device

Step 2: Pay the Fee

There is a $95 reinstatement fee. Payment must be via card or check.

Step 3: Provide Proof of SR-22 Insurance

Anyone convicted of a second-time DUI will be labeled as a repeat DUI offender and be required to show proof of an SR-22. The SR-22 is a form that your insurance company fills out regularly to show that your insurance has not been cancelled.

You must continue to have an SR-22 on file for at least 2 years after your license is reinstated.


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Contesting Revocation

If your license is revoked by a police officer, you have the right to contest the revocation at the DMV.

You have 35 days within the Colorado DMV’s decision to file a complaint with the local district court.

To appeal, you’ll need to do the following:

  • Complete and file a complaint for judicial review and a case cover sheet with the local district courthouse within 35 days of the DMV’s decision.
  • Within 14 days of filing the complaint, send by certified mail a copy of the complaint, cover sheet, and Transcript Request Form to the Colorado DMV at Hearings Division, 1881 Pierce Street, STE 106, Lakewood, CO 80214. Also send a copy of the complaint and cover sheet to the Colorado Attorney General at 1300 Broadway, 10th Floor, Denver, CO 80203.
  • File a certificate of mailing with the district court, showing them that the DMV and attorney general have been notified. Meanwhile, the DMV will send the district court any exhibits from the DMV hearing, called the “record on review.”
  • Within 42 days of the record on review getting certified, compose and file with the court an opening brief. This contains all the arguments why the DMV’s decision should be overturned. Also give a copy to the prosecutor. The prosecutor then has 35 days to file an “answer brief” arguing to uphold the DMV decision. There are 21 days to file with the court a reply brief to rebut the prosecutor’s arguments. Give a copy of the reply brief to the prosecutor as well.
  • The district court judge will review the briefs and record on appeal and render a decision. If the court affirms the DMV’s decision, you can appeal the case once more to the Colorado Court of Appeals.

In addition, you’ll need to pay a fee of $224. It is possible to have this fee waived by filing a motion.

You may not drive while appealing your decision, unless you or your lawyer have filed a “stay” prior to the hearing. This would enable you to continue driving until the court reaches a decision.


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How can a DUI Attorney Help?

Filing for reinstatement is not difficult. However, if you want to contest the suspension or revocation, the process becomes more difficult. An experienced DUI attorney understands exactly what is expected when it comes to license reinstatement, and will file the appropriate paperwork on your behalf.

This alleviates a great deal of stress from the license holder and has a much higher success rate than self-representation.


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Hire a License Reinstatement Attorney in Denver, Colorado

If you or someone you love has been arrested for a first-time DUI, it’s within your best interest to gain legal representation with Law Office of Matthew A. Martin, P.C.. Attorney Matthew Martin has over 28 years of DUI trial experience that he can utilize for your case. His in-depth knowledge of BAC testing, police procedures, and criminal law can serve as your greatest asset in the courtroom.

The Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area including nearby counties such as Boulder County, Douglas County, Jefferson County, Broomfield County, Arapahoe County, and Adams County.

Call us now at (303) 725-0017 to set up your first consultation free of charge.


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