(720) 863-7755With a majority of states in the country cracking down on drunk driving, people are often concerned with the effects that a DUI in one state can have on a driver’s privilege to drive in another state. The short answer is that a DUI has a very adverse effect on the driver across the country.
Colorado DUI Procedure
In Colorado, when a person is arrested for a DUI, two simultaneous cases begin: the criminal case brought by the State, and the civil case brought by the Department of Motor Vehicles. The criminal case determines whether the person is guilty of the offense and what their punishment is if they are guilty. The civil case brought by the DMV determines whether the person either drove while under the influence of drugs or alcohol, or if they did not consent to a chemical test under the Express Consent Law. The DMV then follows Colorado statute to determine the length of the license revocation based on the BAC of the driver and if the driver has prior DUIs on their record.
Out of State Driver Arrested for DUI in Colorado
The out of state person must request a hearing from the DMV, or else the DMV will revoke the driver’s license automatically, no matter which state the license is originally from. The burden of proof is lower in the hearing than the criminal trial, and the DMV must decide if it is more likely than not that the person drove under the influence or refused a chemical test. If they do decide to revoke the driver’s license, this information is shared across the vast majority of states under the Interstate Driver License Compact (DLC). Therefore, if a driver was arrested for DUI in Colorado with a driver’s license from Missouri, the Missouri license would be revoked and they would not be able to apply for a new license in any other state.
Out of State Driver Trying to Reinstate in Colorado
If a person has their license revoked in another state and then relocates to Colorado, they will not be allowed to apply for a driver’s license until they request a hearing with the Colorado DMV. The hearing is in front of a hearing officer who must find that the person has been residing within Colorado for at least on year, and that they have not driven any vehicles for that year. If the hearing officer finds both of these elements, than the person is allowed to apply for a new Colorado driver’s license. The hearing officer may also use their discretion in deciding whether the person is safe to drive even if they prove they have not driven for at least one year. Any person trying to reinstate for a driver’s license in Colorado should consult an attorney before requesting a formal hearing.
If you are an out of state driver, and were arrested for a DUI in Colorado, you should consult with a Colorado attorney who knows the DUI laws in the state. Peter Loyd Weber and Associates have experience defending the rights of people charged with DUIs in multiple counties across Colorado. Call us today at (720)863-7755 for a FREE consultation.
