Picture this: you’re visiting the lovely state of Colorado, you have a little too much fun, and are charged with an out-of-state DUI. You’re not in your home state, so you should be fine, right? Wrong.
The truth is, an out-of-state DUI in Colorado will follow you back to your home state. If you were charged with a DUI in Colorado with out-of-state license, if convicted you will face the same penalties as Colorado residents. The good news is if you are charged with an out-of-state DUI in Colorado, finding a local attorney to represent you can prevent you from driving to-and-from Colorado for hearings.
Meet Mark Thiessen.
Mark Thiessen from Thiessen Law Firm is an aggressive, trial-tested DUI attorney in Aspen who is Board Certified in both DUI Defense by the National College for DUI Defense (as approved through the American Bar Association) and DUI Law by the DUI Defense Lawyers Association. Meaning, he knows what it takes to get you a “not guilty” verdict should your case go to trial. Here’s how he will help you avoid conviction.
How do you take care of a DUI in another state?
One of the largest hurdles non-Colorado residents may encounter when facing an out-of-state DUI is returning to their home state legally. If you’re required to post bond before being released from jail, one of your bond conditions could be that you’re not allowed to leave Colorado without court permission. Your first court appearance may not be for several weeks, meaning you’ll be stuck in a different state in the meantime. How will that affect your job? Your family? There’s a lot on the line.
If your license was confiscated, you will need to request a DMV hearing seven days after losing your license if you failed a breath test or refused testing. Without a license, you’ll be without proper identification. So, who can help you out?
Non-Colorado residents are encouraged to hire a local defense DUI or DWAI lawyer to request your hearing on time and represent them in all negotiations, settlements, and hearings. A local attorney will have the most knowledge about Colorado law and legal procedures. If your case goes to trial, you may have to appear in person for those court dates.
Penalties for an out-of-state DUI in Colorado
As mentioned above, if convicted of an out-of-state DUI, you will face the same penalties as a Colorado resident depending on the severity of your charge. This includes potential jail time, fines, and community service requirements. If you were charged with DUI and the result of a breath test or blood test shows that you had a BAC of 0.20 or greater, then you face a mandatory minimum jail time of at least ten days in Colorado.
If this is your DUI Colorado first offense or you’re being charged with a Marijuana DUI in Colorado, your penalties will be less harsh.
License suspension by the Colorado DMV
Colorado is one of 45 states that belongs to the Interstate Driver’s License Compact (IDLC), meaning when a non-resident is charged with a DUI in Colorado, the Colorado DMV is supposed to hold onto their license and notify the driver’s home state’s DMV. Once you return home, you will likely be facing their consequences.
The duration of your license suspension will depend on how large the offense is and your home state’s regulations –– however, most states will abide by suspension rules put in place by the Colorado DMV.
Depending on your offense, you will have your license suspended for:
|First offense||9 months|
|Second offense||1 year|
|Third offense||2 years|
How to get your license reinstated
It’s important to note that non-Colorado residents cannot apply for early reinstatement of their licenses. You will have to complete certain requirements in order to apply for reinstatement.
- First DUI offense (BAC of 0.08% to .149%)
- Reinstatement application
- Alcohol certification form
- Out-of State-Residency Affidavit
- First DUI offense (BAC 0.15% or higher)*
- Reinstatement application
- Out-of State-Residency Affidavit
- Non-Ownership Affidavit
- This will help you avoid having to install an ignition interlock device (IID) in your vehicle.
- Level 2 alcohol education class and treatment
*Same applies if you refuse a chemical test.
You must also meet with a state-certified provider in your home state to evaluate you and have them supply the Colorado DMV with the following information:
- Date of the evaluation
- Recommended treatment with amount of hours
- Dates of education and treatment start and completion
- Including number of hours
- Whether or not you successfully completed the program
If you are convicted of a DUI in Colorado with an out-of-state license, and as part of your sentence have to carry out DUI probation in Colorado, the Interstate Commission for Adult Offender Supervision allows you to transfer that probation to be carried out in your home state. Transfer of probation depends both on Colorado as well as the state to which you want to be transferred (your home state).
Your home state must accept a transfer of probation for a DUI if the following conditions are met:
- You are on probation for a second or subsequent conviction for DUI or DWAI
- The term of probation is more than 90 days
- There has been full compliance with probation in Colorado prior to transfer
- There is a plan of supervision for your home state
- You are a resident of the receiving state
- There is not a pending or unserved jail sentence.
With a DUI charge, especially an out-of-state DUI, there’s a lot on the line. The penalties can have lasting effects on your driving privileges, your livelihood, and your future. Don’t let a DUI charge ruin your life. Find a serious attorney that can fight for your rights.
Thiessen Law Firm can handle your out-of-state DUI charge
Not all Colorado DUI attorneys are the same –– what sets Mark Thiessen apart from the rest? Mark Thiessen is a top DUI defense attorney in Colorado that provides quality representation with aggressive, trial-tested defense. Being Board-Certified in both DUI Law and DUI Defense allows Mark to have a strategic advantage in the courtroom. Whether he takes your case to court or negotiates a favorable resolution, he’ll fight to protect your freedom.
He’s represented many clients all around Aspen and Pitkin County just like you. He will do whatever it takes to win you that “not guilty” verdict so you can return home safe and sound.
Call Mark Thiessen at 970-233-9000 or contact us online today for a FREE case evaluation.