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A criminal defendant facing a marijuana DUI in Colorado will typically have two separate cases. The first is the criminal case involving the allegation of driving under the influence. To understand the penalties and defenses involved, visit our Colorado DUI Defense Attorney page. The first is a obviously a criminal case. This is dealing with the actual allegation of driving under influence. A court sentencing a defendant for this criminal offense can impose jail time, fine them, or place them on probation.
A criminal court will not have the ability to revoke a defendant’s privileges to drive. The that will happen is a Judge will instruct a defendant to not drive without a valid license.
The driving privileges are handled by the Department of Revenue. The department of revenue oversees the Department of Motor Vehicles. Colorado law permits the DMV to revoke the driving privileges of a defendant in certain circumstances. Driving privileges are revoked in accordance with Colorado’s Express Consent Law, which governs chemical testing after DUI arrests
These two cases are not connected. Certainly, the defenses to each are similar and related. However, the outcome of one does not impact the outcome of your case.
Driving is extremely important. The average person cannot get by without the ability to move. A DUI attorney that understands the rules and regulations of the DMV is an asset to any defendant facing DUI THC.
What is Colorado Express Consent?
Colorado Express Consent is located at Colorado Revised Statute (“C.R.S.) 42-4-1301.1. This statute permits an officer to request a defendant to submit to sobriety test. The test will be a blood or breath test.
The officer has to have probable cause to stop the defendant and probable cause to believe the defendant is under the influence of drugs or alcohol. It is standard for law enforcement to request a blood or breath test while investigating a DUI.
If the officer believes a defendant is under the influence of drugs, a defendant will only be offered chemical testing of their blood. The Express Consent Statute will only revoke a defendant’s ability to drive if a BAC of .08 or greater is detected within two hours of driving. Drugs and THC will not impact a defendant’s license.
Refusing to submit to a blood test will also result in a revocation. This will result in a defendant needing to go through the DMV after a DUI.
After a defendant is released, they will be provided an affidavit informing them that their driving privileges have been revoked. A defendant can challenge the revocation, and the request for a hearing has to be made within 7 days of receiving the affidavit.
How are Express Consent Hearings Different from Criminal Cases?
The express consent hearing is limited to your privilege to drive, while the criminal case addresses the charges in court. For a complete overview of the process, see our Colorado DUI Defense guide.
A privilege is easier for the government to take. The DMV will not have to find that a defendant violated the express consent statute beyond a reasonable doubt.
Instead, a preponderance of the evidence standard is used. This means a more likely than not view of the facts.
Additionally, the matter will be resolved by a hearing officer. This officer will act as the judge and juror of the case. Evidentiary rules are also relaxed. Hearsay will be admitted if it found to be reliable.
The hearing must be within 60-days of the date that it was requested. A temporary license will be issued that permits a defendant to drive until the hearing happens. At the hearing, the revocation will become active.
A DUI Conviction in Colorado will Also Revoke a Defendant’s Driving Privileges.
A DUI conviction can result in revocations of a defendant’s driving privileges. Colorado law sets out the convictions that can result in a revocation at C.R.S. 42-4-125. It is important to know the impact before you plead guilty.
A defendant found to be driving under the influence of drugs will have their license revoked after conviction. A second DUI within five years will result in a loss of driving privileges as well.
The length of revocation will depend on the conviction and priors of a defendant. Even if a defendant’s driving privileges are revoked, it is possible to get a license through early reinstatement.
How Does Early Reinstatement of Driving Privileges Work in Colorado?
Early reinstatement is the process by which a defendant can get their license back after revocation. The license is not a full and clear license, but it is restricted. The restriction only permits a client to drive with an interlock device.
The first step of restoring driving privileges is to go a specific period of time without driving. A defendant will have to wait 30 days before getting their license back. However, a defendant that refused to submit to a test will be required to wait 60 days.
The DMV will require the defendant to get SR-22 insurance, and a defendant may be required to be enrolled in a Level 2 Substances abuse treatment program.
The most important requirement is having an interlock installed. An interlock is commonly known as a blow and go. This is a device that a defendant will blow into to ensure they have no alcohol in their system.
Colorado has a one size fits all approach to DUI and license revocation. A defendant convicted of driving under the influence of THC or refused after a THC investigation will be required to get the interlock. It doesn’t make a lot of sense, but it is the requirements of Colorado Law. A DUI Attorney will be able to help set these services up and walk you through the steps needed to get early reinstatement.
SPEAK WITH A MARIJUANA DUI DEFENSE ATTORNEY
A DUI can seriously impact a defendant’s driving privileges. It may seem simple and straight forward, but this kind of case can be complicated. It is important to speak with a DUI Defense lawyer that understands the complexities of a DUI case.
Our firm routinely handles DUI Cases and continues to study DMV and their statutes. We are ready, willing, and able to provide you the representation you deserve. We offer free consultations and flexible payment plans.
Our goal is to provide aggressive representation to anyone who needs it, while no sacrificing any defendants because of budget. The DUI lawyers at the Lawrence Law Firm are here to help.
We handle cases involving field sobriety testing and facts surrounding your dui arrests on a regular basis. We are familiar with what impairs driving, and we will fight. We have experience get reduced charges, including reckless driving.
Our defense lawyer routinely represents clients in Arapahoe, Denver, Adams, Jefferson, and any metro case. If you have dui charges, request an appointment with our officer. We do offer afternoon and weekend appointments.
