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Denver Criminal Defense & DUI Lawyer / Denver Driver’s License Lawyer

Denver Driver’s License Lawyer

The Division of Motor Vehicles (DMV) can be a headache simply when attempting to renew a driver’s license. For more complicated issues, such as reinstatement of a revoked license following a DUI, the DMV can be an absolute nightmare. If you are attempting to reinstate your privilege to drive in Colorado, regardless of the reason you were stripped of your license, we strongly encourage you to seek legal representation. Navigating the DMV is time consuming, complicated, and, like a maze, filled with dead ends. To get it done right the first time, look no further than Denver driver’s license lawyers at DeChant Law.

Colorado’s Points System

Colorado, like many states, uses a points system to keep track of bad drivers—those who speed, cause collisions, and are cited for other types of moving violations. The following chart shows when you will face suspension for excessive points.

Age 12 Month Period 24 Month Period Life of License
16 – 17 6 points 7 points
18 – 20 9 points 12 points 14 points
21+ 12 points 18 points
Chauffeur 16 points 24 points 28 points within any 48 month period

 

What happens if I get too many points?

You will receive a notice in the mail stating you have received excessive points, and your license will be suspended. However, you can request a point suspension hearing and argue for a less severe penalty.

A point suspension can be anywhere from one day to one year. The way the hearing officer approaches these hearings is to start at the baseline of 6-month suspension. Then the hearing officer will look at what aggravating and mitigating factors are present. Aggravating factors will increase the length of the suspension and mitigating factors will decrease the length of suspension.

You may also be eligible for a probationary driver’s license, or PDL. A Probationary driver’s license is like a red license. It carries certain restrictions that you must comply with in order to maintain the probationary driver’s license.

For a guide on how to handle these types of suspensions, contact us or view our guide here, or call DeChant Law today.

Reinstatement After Meeting All of the Required Conditions

Generally, reinstatement can only be pursued if the driver has met all of the conditions required of them, based on the reason they lost their license in the first place. This may include:

  • Paying all outstanding driving infractions
  • Acquiring SR22 insurance and filing proof with the DMV
  • Enrollment in alcohol education courses
  • Other alcohol education and therapy
  • Other driving courses/traffic school
  • Complying with a mandatory ignition interlock system in your vehicle
  • Satisfying all other court ordered restitution

How Many Points is My Charge?

C.R.S. 42-2-127(5) discusses various traffic tickets and their associated points:

  • (a) Leaving scene of accident – 12 points
  • (b)
    • (I) DUI or DUI per se – 12 points
    • (III) DWAI – 8 points
    • (IV) UDD – 4 points
  • (c)
    • (I) Engaging in a speed contest in violation of section 42-4-1105 (1) – 12 points
    • (II) Aiding or facilitating engaging in a speed contest in violation of section 42-4-1105 (3) – 12 points
    • (III) Engaging in a speed exhibition in violation of section 42-4-1105 (2) – 5 points
    • (IV) Aiding or facilitating engaging in a speed exhibition in violation of section 42-4-1105 (3) – 5 points
  • (d) Reckless driving – 8 points
  • (e) Careless driving – 4 points
  • (e.5) Careless driving resulting in death – 12 points
  • (e.7) Serious bodily injury to a vulnerable road user – 12 points
  • (f) Speeding:
    • (I) 1 to 4 miles per hour over the reasonable and prudent speed or 1 to 4 miles per hour over the maximum lawful speed limit of 75 miles per hour – no points
    • (II) 5 to 9 miles per hour over the reasonable and prudent speed or 5 to 9 miles per hour over the maximum lawful speed limit of 75 miles per hour – 1 point
    • (III) 10 to 19 miles per hour over the reasonable and prudent speed or 10 to 19 miles per hour over the maximum lawful speed limit of 75 miles per hour – 4 points
    • (IV) 20 to 39 miles per hour over the reasonable and prudent speed 20 to 39 miles per hour over the maximum lawful speed limit of 75 miles per hour – 6 points
    • (IV.5) 40 or more miles per hour over the reasonable and prudent speed or 40 or more miles per hour over the maximum lawful speed limit of 75 miles per hour – 12 points
    • (V) Failure to reduce speed below an otherwise lawful speed when a special hazard exists – 3 points
    • (VI) 1 to 4 miles per hour over the maximum lawful speed limit of 40 miles per hour driving a low-power scooter – no points
    • (VII) 5 to 9 miles per hour over the maximum lawful speed limit of 40 miles per hour driving a low-power scooter – 2 points
    • (VIII) Greater than 9 miles per hour over the maximum lawful speed limit of 40 miles per hour driving a low-power scooter – 4 points
  • (g) Failure to stop for school signals – 6 points
  • (h) Driving on wrong side of road or driving on wrong side of divided or controlled-access highway in violation of section 42-4-1010 – 4 points
  • (i) Improper passing – 4 points
  • (j) Failure to stop for school bus – 6 points
  • (k) Following too closely – 4 points
  • (l) Failure to observe traffic sign or signal, except as provided in paragraph (ff) of this subsection (5) – 4 points
  • (m) Failure to yield to emergency vehicle – 4 points
  • (n) Failure to yield right-of-way, except as provided in subsections (5)(y) to (5)(bb.5) of this section – 3 points
  • (o) Improper turn – 3 points
  • (p) Driving in wrong lane or direction on one-way street – 3 points
  • (q) Driving through safety zone – 3 points
  • (r) Conviction of violations not listed in this subsection (5) while driving a moving vehicle, which are violations of a state law or municipal ordinance other than violations classified as class B traffic infractions under section 42-4-1701 or having an equivalent classification under any municipal ordinance – 3 points
  • (s) Failure to signal or improper signal – 2 points
  • (t) Improper backing – 2 points
  • (u) Failure to dim or turn on lights – 2 points
  • (v)
    • (I) Except as provided in subparagraph (II) of this paragraph (v), operating an unsafe vehicle – 2 points
    • (II) Operating a vehicle with defective head lamps – 1 point
  • (w) Eluding or attempting to elude a police officer – 12 points
  • (x) Alteration of suspension system – 3 points
  • (y) Failure to yield right-of-way to pedestrian – 4 points
  • (z) Failure to yield right-of-way to pedestrian at walk signal – 4 points
  • (aa) Failure to yield right-of-way to pedestrian upon emerging from alley, driveway, or building in a commercial or residential area – 4 points
  • (bb) Failure to yield right-of-way to person with a disability pursuant to section 42-4-808 – 6 points
  • (bb.5) Failure to yield right-of-way to a bicyclist or other authorized user in a bicycle lane that is the proximate cause of a bodily injury. – 4 points
  • (cc) Failure to exercise due care for pedestrian pursuant to section 42-4-807 – 4 points
  • (dd) A second or subsequent violation of section 42-2-101 (1) and (4) – 6 points
  • (ee) Failure to maintain or show proof of insurance pursuant to section 42-4-1409 – 4 points
  • (ff) Failure to observe high occupancy vehicle lane restrictions pursuant to section 42-4-1012 – no points
  • (hh) Driving a motor vehicle while not wearing a seat belt in violation of section 42-2-105.5 (3) – 2 points
  • (ii) Driving with more passengers than seat belts in violation of section 42-2-105.5 (4) – 2 points
  • (jj) A violation of section 42-4-239 if the person has not been convicted of the same violation within the immediately preceding 24 months – 2 points
  • (jj.5) A second violation of section 42-4-239 within the immediately preceding 24 months – 3 points
  • (jj.7) A third or subsequent violation of section 42-4-239 within the immediately preceding 24 months – 4 points

(kk) Driving with a passenger who is under 21 years of age or driving between 12 midnight and 5 a.m. in violation of section 42-4-116 – 2 points

What We Can Do For You

At DeChant Law, we assist clients by helping them navigate the DMV, determine what courses/actions must be completed to reinstate a license, provide proof of reinstatement requirements, appeal revocation decisions, and more. We can help you with any of the following:

  • Appealing a DMV decision
  • Reinstatement of your driver’s license
  • Early Reinstatement of your driver’s license
  • Requesting a probationary driver’s license

Call a Denver Driver’s License Lawyer Today for Assistance

If you have had your license revoked or suspended, or you are in jeopardy of that happening, a Denver driver’s license lawyer may be able to help. And, if you are facing criminal penalties, we can handle those as well. Here at DeChant Law, we specialize in all types of driving infractions, DUIs, and more. Call Denver driver’s license lawyer Reid DeChant today at 303-409-7500 for a free consultation.