The Law Firm of Starzynski Van Der Jagt, P.C.
A Professional Corporation of Attorneys & Counselors at Law in Colorado and Wisconsin
Automatic Suspension

Drivers License Issues and FAQ


Q. When I was arrested for DUI, the officer took my driver's license away. I thought I was innocent until proven guilty; how do I get my license back?
A. In most states, when someone is arrested for DUI, DWAI, or a related drunk driving offense, there are really two cases: the court case, involving the possibility of jail, fines, community service, and other punishments including mandatory Mothers Against Drunk Driving (MADD) lectures, and the DMV case, where the person's driver's license is in jeopardy.

The DMV case is triggered by the arrest. The officer takes away the license, and sends it to the DMV. Unless a hearing is requested on a timely basis, usually within just a few days (seven in Colorado), the driver's license will be suspended automatically. The length of the suspension will vary from state to state, and also depends upon whether the arrest is the first offense or not. Whether or not a restricted or provisional license can be obtained, so the person accused of DUI or DWAI can at least drive to and from work, will also vary from state to state .

The “arrest” trigger is critical to understand. Before the arrest, a person may refuse the field sobriety tests and breathalyzers, however, after the arrest, the driver is subjected to a decision: Refusal leads to automatic suspension by the DMV, while consenting to the breathalyzer or blood test MAY lead to a conviction .

Because of the complexity of the laws relating to DUI or DWAI, and the laws used to take away the driver's license, it is critical to consult with a qualified DUI or DWAI defense lawyer in your area. Click here to email one of our qualified DUI-DWAI attorneys.


Q. Can a criminal conviction for DUI or drunk driving affect my driver's license? What about my professional license?
A. It depends. Certain types of criminal convictions can result in the suspension or revocation of your driver's license. The most common example of this is the D.U.I. case. Other types of cases, such as cases involving drugs, can affect your driver's license too.

A skilled DUI defense lawyer can help you avoid any problems with your driver's license if you have been accused of drunk driving. However, time is of the essence. Most states require someone accused of DUI, DWAI, or a related drunk driving offense to contact their state's motor vehicle department quickly, usually within a few days of the arrest. The attorneys at and can help you with this. There is no cost or obligation for a consultation with a qualified “drunk-driving” lawyer in your area. Click here to chat with a local DUI lawyer.

A DUI or drunk-driving conviction can also affect a person's ability to obtain or keep virtually every professional license that is regulated by the state and a person’s immigration status. Some professions require that the crime be related to the duties of the profession before the license will be affected; others simply require the crime to be one of "moral turpitude." For Example: In Colorado an attorney or a child care license can be suspended for chronic DUI convictions.

There are many factors at work in the case of the professional who is accused of crime; it is critical that the advice of a competent, creative, and insightful defense attorney be considered, since a conviction can have ramifications far beyond the case itself.

A consultation with a qualified DUI LAWS attorney is just a click away. Get the help you need to solve your legal problem.

If you or someone you care about has been charged with an intoxication offense such as a DUI or DWAI, take the time to consult with a qualified professional DUI defense attorney in your area. Click here to email one of our DUI-DWAI attorneys.


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