Legal Question in DUI Law in Colorado

Probationary License possible?

I have just been convicted of DUI in Colorado. My BAC was .18

I have 1 prior DWAI in July 1999

I also have an out of state Juvenile DUI that has been expunged from my record.

I have a hearing to try to get a probationary license. I have a 3 year old child I must drive to daycare and need to get to work.

I have not had any moving violations but this one and one speeding ticket in 7 years.

My license has never been suspsended in Colorado before. My license was suspended in Oklahoma when I was a minor as a result of the expunged case.

Is it possible to get a probationary license?

Any advice on what to say or do at the hearing?

Would a letter from my employer and Daycare provider help?

Thank yoU!


Asked on 3/02/07, 6:16 pm

1 Answer from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: Probationary License possible?

My advice would be to hire an experienced DUI attorney to represent you at the hearing (that would not be me, by the way). That man or woman will be comfortable in presenting your case in the best possible light.

My experience with defendants who represent themselves is that, even given the best advice, they freeze up in court or at a hearing. You must be incredibly self-possessed to do well in that environment, without training or experience. You don't know the rules, you don't know what to expect, you don't know when to say what you want to say. Often you don't say it at all.

It's possible you may get a probationary license on condition that you use an ignition interlock device on your car. I don't know; as I said, I'm not an experienced DUI attorney.

A letter from your day care provider may tell the hearing officer what a wonderful child you have, but it probably wouldn't say much about you. A letter from your employer, stating your value as an employee and an intention to help you through this crisis, would certainly help.

Some proof of a commitment to stop drinking would help more. At the BAC level you mention, you were halfway to a coma. I'm guessing you drink every day. I'm guessing it wasn't the first, second, or even third time you were halfway (or more) to a coma. I'm guessing (hoping, really) that you'd like to be around for your 3-year-old's high school graduation. To do that, you've got to stop drinking. Compared to that mountain, keeping your driver's license is a piffle.

Good luck.

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Answered on 3/03/07, 1:07 pm


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