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Will I Lose My License if I Get a DUI?

In the vast expanse of regulations that govern our daily lives, one critical aspect often overlooked is the point system used by the Colorado Department of Motor Vehicles (DMV). This system is pivotal in determining license suspensions based on the number of points accrued for various driving offenses. In this article, we will explore further into the intricacies of the Colorado DMV point system, shedding light on the consequences and the possibility of obtaining a provisionary license to navigate challenging times.

Exploring the Point System:

The Colorado DMV employs a point system to track driving offenses, where each infraction carries a specific point value. The accumulation of these points within a designated timeframe can lead to the suspension of a driver’s license. Notably, the severity of the penalty depends on the driver’s age, with those over 21 afforded more leniency.

For drivers over 21, the threshold for license suspension is set at 12 points within a year or 18 points within two years. The point assignment varies for different offenses, with minor infractions such as speeding 5 to 9 mph over the limit garnering only 1 point. However, more serious transgressions, such as speeding over 40 mph or driving under the influence, can result in an instantaneous license suspension.

Serious Offenses and Instant Bans:

Certain offenses are categorized as severe and can swiftly propel a driver over the suspension threshold. Speeding over 40 mph, engaging in street racing, evading a police officer, and driving under the influence of drugs or alcohol all lead to an automatic and immediate driver’s license ban. Understanding the gravity of these actions is crucial for any responsible driver.

Provisionary Licenses: A Glimmer of Hope:

In the event of a license suspension, all is not lost. Defense attorneys play a crucial role in helping individuals move forward with their cases, offering the possibility of obtaining a provisionary license, colloquially known as a red license. This temporary license is a lifeline for those facing suspension, providing a semblance of normalcy while adhering to strict limitations.

The Ins and Outs of a Red License:

Upon being granted a probationary license, a 90-day license revocation transforms into a 180-day suspension. While the first 30 days prohibit driving, the subsequent period permits driving only for essential purposes such as work, school, court appearances, groceries, and court-mandated activities like alcohol education classes. However, it’s crucial to note that any traffic violation during this period automatically revokes the red license.

Navigating the DMV Points Hearing:

Individuals must attend a points hearing at the DMV to obtain a red license. During this hearing, a designated officer evaluates aggravating and mitigating factors in the case to determine eligibility for the provisional license. It becomes a critical juncture where effective legal representation can significantly affect the outcome.

In the intricate web of the Colorado DMV point system, understanding the rules, consequences, and potential avenues for relief is imperative for every driver. Whether facing a license suspension or seeking a provisionary license, being informed empowers individuals to make sound decisions and seek appropriate legal guidance. Staying abreast of these regulations as the legal landscape evolves ensures responsible and law-abiding driving practices.

Do you have further questions or concerns? Call us or contact the attorneys at Thomas & Ahnell, LLC, and we will be happy to help.

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