Asked in DUI / DWI for Colorado

Q: Can I get my liscense revocation modified ; i wasn't under influence, refused a blood test but not the b.a.

I also did all types of roadside tests . Cops kept saying they smelled alcohol . I was 100% not under influence . The Dwai charge was dismissed . But the revocation of license still says alcohol related .

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1 Lawyer Answer
Sean Maye
Sean Maye
  • DUI & DWI Lawyer
  • Denver, CO
  • Licensed in Colorado

A: Anyone whose license is revoked as a result of a DUI investigation may petition to contest their revocation. However, in order to do so, you typically have to request a hearing in writing within 7 days of the revocation (i.e., within a week of your arrest) - unless you can otherwise show good cause for why you were not able to meet that deadline (i.e., in jail, medical emergency, etc.).

If you are in that window, I and other attorneys who defend DUIs are perfectly qualified to assist you with this. However, if you are outside the 7 day window and can't otherwise state legal good cause for untimely contesting the revocation, you may be barred from requesting any license modification.

Lastly, the fact that your DWAI was dismissed as no bearing on the license revocation itself. The logic behind this is that criminal cases get dismissed for many reasons (often lack of evidence), which don't independently negate the fact that a person refused to submit to chemical testing under implied consent laws or that they otherwise submitted a high BAC chemical test result - as noted in CRS 42-2-126.

Consult with a lawyer to discuss more details and get a more direct advisement. Please also consult for more information.

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