New Refusal and Multiple Offender Colorado DUI Laws for 2014

On Friday, DUI attorneys Jay Tiftickjian and Adrienne Bershinsky presented A Brave New World: Driver’s License Revocation and Reinstatement Updates, reflecting on how the new laws will help drivers revoked for DUI refusal cases and multiple offenders. The presentation took place in the Weld County Court’s jury assembly room and was attended by approximately 40 practitioners from across Colorado.

In 2014, the Colorado DUI laws will change to allow motorists that lose their license from a refusal case as well as from multiple DUI or DWAI offenses to reinstate with a restricted driver’s license. A restricted license subjects someone to the use of an ignition interlock device. Previous to this new law, there was little relief for drivers that were suspended based on a DMV hearing where a refusal was found or that lost driving privileges based on multiple convictions.

Come January 2014, drivers that are revoked for one-year based on a determination that they refused a test will be allowed to reinstate their drivers’ licenses after two-months. In order to do so, the driver must have an ignition interlock device installed in his or her vehicle for two-years. Also, multiple offenders who suffer a driver’s license loss will be able to reinstate after one month of no-driving, provided they also go through the DMV reinstatement process and get an ignition interlock device installed in their cars. This means that a person with multiple DUI convictions can drive after one-month, or two-months in the case of a refusal.

The persistent drunk driver designation will also change in 2014. Drivers that refuse a test, have a BAC of 0.15 or more, or are multiple offenders will be considered persistent drunk drivers and must have an interlock device in their cars upon reinstatement for at least two years. This lowers the current BAC persistent drunk driver limit from 0.17 and adds first-time refusal cases to the mix.

The Department of Revenue will also allow drivers that are under a current revocation from a case prior to January 1, 2014 to reinstate if serving a revocation from a refusal or multiple offenses. In order to do so, the person must apply for early reinstatement under the new guidelines, which have not been officially released by the DMV’s drivers’ services yet.

Finally, revocations for minors (drivers under 21) will not change. For a first DUI or DWAI, a minor driver will still face one-year of no driving.