If you want to know what the driving force is behind drunk driving enforcement in Colorado, perhaps knowing the administrative process is run by the Colorado Department of Revenue would be a great first clue! .
Driving under the influence (DUI) is the primary driver of municipal court revenue in cities and towns across the state. In addition to the criminal court process, motorists also face an administrative process through the Colorado Department of Revenue.
Not only is Colorado among a growing number of states to have instituted this double-dip process when it comes to fines, fees, and administrative bureaucracy, the state has also passed a driving while ability impaired (DWAI) law, meant to convict and fine drivers who test under the legal limit of .08.
You have just seven days after receiving a notice to request a hearing with the Department of Revenue Hearings Division, or your driving rights will be automatically revoked. The division may also require you to participate in the Interlock ignition program, the SR-22 insurance program, and to pay reinstatement fees.
The DUI will result in 12 points on your driving record, which will remain for 2 years. The criminal conviction will remain on your criminal record for at least 10 years. But the reality is that a conviction will likely remain on your record indefinitely, often forever.
You will also be forced to disclose a DUI conviction on job applications, even if it should no longer appear on your criminal or driving record. This can prevent you from working in certain professions or from being hired for certain jobs. In some cases, it may even impact your ability to travel to certain countries, including Canada.
In addition to the administrative case, motorists must face the criminal case, which includes additional fines, costs and potential penalties. The DWAI charge is there to convict those who did not test high enough to face DUI. In either case, the law is set up so that, regardless of whether you are convicted of DUI or DWAI, a subsequent arrest carries the same enhanced penalties, which is to say more fines, court costs, fees, jail time, and court supervision. Experienced DUI defense lawyers in Denver know those with a conviction on their record are frequently stopped and targeted by law enforcement, making subsequent arrests all too common.
Law enforcement and the courts count on motorists pleading guilty and attempting to quickly put an embarrassing DUI charge behind them. However, experienced Denver drunk driving defense lawyers know that is the best way to ensure the consequences will follow you throughout your adult life.
Despite the serious criminal and societal consequences of a DUI conviction, drunk driving is still considered a traffic offense. As such, there is no way to have your record expunged under Colorado law. By the time an adult understands the long-term consequences of a conviction during a period of youthful indiscretion, he or she learns that there is no way to get a conviction off their permanent record.
In fact, about the best a convicted DUI offender can hope for is that frequent targeting by law enforcement will not result in another arrest and conviction. Assert your rights - fight the charges. Investing in an experienced DUI defense attorney is almost always worth the effort and may even save you money in the long run.
Call drunk driving defense lawyer James Colgan for a free and confidential consultation to discuss your rights. Call 720-909-6425 today.
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