The privilege of driving provides for the ability to commute to and from work each day, allowing for earning a living that supports your family. Losing this ability can be detrimental to the financial health of a household. Working with an attorney in Colorado that can present compelling evidence in your favor may support your ability to regain a sense of normalcy, allowing you the opportunity to maintain successful employment and financially provide for your family by being granted a probationary license.
If you have had points suspensions or been convicted of an alcohol or drug offense for the first time, you may be eligible for a probationary license. This license may be referred to as a restricted, provisional or red license. Not everyone qualifies for this type of license.
You may have been stopped on suspicion of driving under the influence and refused to submit to a blood test or the breath test administered at the police station or hospital. In that case, you will lose your license for one year if convicted and forfeit the possibility of applying for a probationary license. Additionally, the law does not allow for granting a probationary license in place of a commercial driver’s license.
A probationary license is a license that allows for essential driving only. It will enable acceptable travel to locations such as to and from work, school, court, and court-ordered classes and public service commitments that are part of the requirements you must complete when charged with an alcohol or drug-related offense. Stops for shopping are allowed directly on or close to your route to and from work or school.
When your license is revoked at a DMV hearing, you are generally allowed to request a probationary license at the same hearing. The court will want to know why it should trust you with a license. Some of the questions may be:
Completing an approved alcohol treatment program will be part of your probation-based sentence. Beginning these classes as soon as possible demonstrates to the court’s officer your willingness to take the proper steps to ensure you are safe to drive.
Your blood alcohol level can affect the officer’s willingness to grant you a license. If your blood alcohol level was very high at the time of the arrest, additional stipulations, such as the installation of an Interlock Device, may be required.
Being granted a probationary license allows the conversion of your 90-day revocation to a 180-day suspension. For the first 30 days, you will have no driving privileges. A probationary license is only valid in Colorado, with prohibitions from driving in other states.
Consider that an officer pulls you over while driving with a probationary Colorado license in another state. You risk being arrested for driving under revocation and face other penalties, including an additional year of revocation.
Keeping your driving privileges allows you to work, attend school, and maintain your livelihood. The knowledgeable team at McAdams Law Office believes in helping you fight the steep penalties and detrimental effects of a DUI. We defend ordinary people caught in extraordinary circumstances.
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.