Lowry, CO DUI and DWAI Law Firms & Lawyers

Depending on the specific facts of your conviction; it sounds like you are eligible for a full license. In Colorado, the DMV will restrict driving privileges for one year based on a refusal, as long as it is a first offense. Once you have sat out the required amount of time, you are eligible to get a full license back. This assumes no other licenses restrictions, point suspensions, etc. If you want to know for sure, contact the DMV.

Your son has a great case to defend. However, the breath test is just one piece of evidence. Usually, there is the following evidence in most DUI cases: driving patter; initial contact; field sobriety tests; preliminary breath tests; and finally breath test. So, as you can see, the case can still go forward, but the prosecutor is missing a lot of critical evidence to get a conviction. Because your son is on leave from the military, it can complicate it even further. Your son does not need a conviction on his record. This can effect his military career. For instance, it could prevent him from getting a security clearance. Additionally, he is going to have to deal with this while not being present, since he will not be here tell its conclusion. Lastly, your son needs to request a DMV hearing within 10 days of his arrest. If he loses his license, that will effect his base privileges.

The criminal case - which is what was dismissed - and the DMV/ driver's license issues are two different things, handled by two different authorities, and can come to two different decisions. If you did not request a hearing on the revocation of your driver's license, or if you requested a hearing and lost the hearing, then the dismissal of the case in court does not impact that. Therefore you must do what DMV is requiring in order to legally drive.  A lawyer coudl analyze your drivintg record and the facts of your situatiopn to give more specific advise, if you made an appointmtne and sat down with a lawyer.