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McCluskey Law Office | Colorado DUI Lawyer Denver DWAI Attorney

DMV HEARINGS
Department of Motor Vehicles – DMV Hearings – If you are threatened with suspension or revocation of your driving license contact an Colorado DUI Lawyer Denver DWAI Attorney.  A driver’s license suspension or revocation is a separate action from a criminal court case.

Suspension is a temporary withdrawal of your driving privilege by the DMV based on the following point system.

Adult Driver (21 and older)

12 points in any 12 consecutive months
18 points in any 23 consecutive months

Minor Driver (18 through 20 years of age)
9 points in any 12 consecutive months
12 points in any 24 consecutive months
14 or more points between the ages of 18-21

Under the Age of 18
6 points in 12 consecutive months
7 points prior to turning 18

Points are assessed based on the following violation(s) or conviction(s):

Leaving scene of accident: 12
Driving while intoxicated or under the influence of drugs: 12
Driving while ability is impaired by alcohol: 8
Speed contests: 12
Eluding or attempting to elude a police officer: 12
Reckless driving: 8
Careless driving: 4
Failure to yield right-of-way: 3
Speeding over posted limit 5-9 m.p.h: 1
Speeding over posted limit 10-19 m.p.h: 4
Speeding over posted limit 20-39 m.p.h: 6
Speeding over posted limit 40-or more m.p.h: 12
Failure to stop for a school bus: 6
Driving on wrong side of road: 4
Failure to maintain or show proof of insurance: 4
Improper passing: 4
Failure to observe traffic sign or signal: 4
Improper turn: 3
Driving through safety zone: 3
Driving in wrong lane or direction on one-way street: 3
Failure to signal or improper signal: 2
Failure to yield to emergency vehicle: 4
Improper backing: 2
Failure to dim or turn on lights: 2
Operating an unsafe vehicle: 2

There is no longer a mandatory 1 year suspension for a DUI conviction.

Misdemeanor Traffic Charges
Careless Driving Resulting in Death
Careless Driving Resulting in Injury
Driving Under the Influence of Alcohol or Drugs (DUI/DUI-D)
Driving While Ability Impaired (DWAI)

Felony Traffic Charges
Vehicular Assault
Vehicular Homicide

When you are convicted of a traffic violation in Colorado, the court notifies the DMV of the conviction. Each conviction results in a number of points against your driving record. A suspension does not void your driver’s license. A valid license may be re-issued when you reinstate your license. If your license has been suspended you will need to take a written test to renew it. You will be unable to get a driver’s license in another state if you have an active suspension or revocation in any state.

The state of Colorado and most of the states in the United States belong to a Non-Resident Violator Compact. If you receive a ticket in a state that is not your state of residency and you fail to pay the fine, the state where you received the ticket will notify your home state. Your home state will suspend your driver’s license until the ticket has been paid.


Outstanding Judgment Warrant, OJW, can impact your driving privileges. If an OJW is incurred a fee is still owed to the court on a ticket or citation. If an OJW is put on your record your license can be cancelled or denied. If this happens you must go through the reinstatement process.

If a teen has an OJW when the teen applies for a permit it will be denied and the teen will be unable to get a driver’s license. The OJW must be cleared before a driver’s license can be issued.

Revocation is a mandatory restraint based on violation of the law. See section on DUIs. Once a license is revoked it is no longer valid, after you become eligible to reinstate your driving privilege you will have to take a written and driving test to be issued a new license.

Reinstatement
Your eligibility date for reinstatement after your license has been revoked will be stated to you at your hearing or via mail. For point suspensions you will need evidence of current liability insurance with your name on the policy and the $95.00 reinstatement fee.

Cancellation
This action will void a valid Colorado license. A cancellation by itself is not a restraint action and doesn’t require reinstatement if complied with.

Cancellation/Denial
These are combined actions to void a license and deny the driving privilege. Reinstatement is required and you must pass a written test and road test.