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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 37879
Experience:  Run my own practice.
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i have a wisconsin license and got a dui in colorado. what

Resolved Question:

i have a wisconsin license and got a dui in colorado. what steps do i need to take to be able to drive my car back to my home state?
Submitted: 10 months ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 10 months ago.

Dimitry K., Esq. :

Thank you for your question. Please permit me to assist you with your concerns.

Dimitry K., Esq. :

Was your vehicle impounded or taken in by the police?

Dimitry K., Esq. :

Were you charged or already convicted of the DUI?

Dimitry K., Esq. :

How long ago did this take place?

Customer:

this is my first dui and i have my car back already. this took place early saturday morning 2:30 am. i refused to blow because they told me i could not speak with a lawyer so they took my license on the spot.

Dimitry K., Esq. :

I see, so the state suspended your license because you refused to comply

Dimitry K., Esq. :

Technically your license is not yet suspended, merely taken away.

Customer:

correct

Dimitry K., Esq. :

You can contact the other state, claim that the license was misplaced, and request that they send you a replacement copy.

Dimitry K., Esq. :

Or ask if you could print out a temporary license via the website (if such an option exists) solely for the ability to return home and obtain a new copy of the license from the DMV.

Dimitry K., Esq. :

Does that make sense?

Customer:

i was also told i should try to switch over my license to this state so i don't get charged by both states, is this correct?

Dimitry K., Esq. :

Not correct

Customer:

yes that makes sense

Dimitry K., Esq. :

Under the DLC (Driver License Compact), the states tend to share information pertaining to suspensions of licenses

Customer:

by me not complying to take the test does that negate the chance to obtain a license to go to and from work?

Dimitry K., Esq. :

Wisconsin is not a member

Dimitry K., Esq. :

However, they may have a private agreement with Colorado about sharing information.

Dimitry K., Esq. :

By you negating to take the test, you create a presumption of intoxication.

Dimitry K., Esq. :

But it does not necessarily affect your conviction as you can still fight the charges, and likewise if you lose, pursue a hardship exception license IF your state (meaning colorado) has such an option

Dimitry K., Esq. :

Typically the state that suspends your license is the one who can reinstate or grant you a hardship exception but not if you do not reside there and need to operate in your home state.

Customer:

well i would be applying for the hardship in wisconsin

Dimitry K., Esq. :

That is wise as well

Dimitry K., Esq. :

is this your first offense?

Customer:

yes

Dimitry K., Esq. :

Under § 343.10 that is a valid option--it is called an 'occupational license', and you would be limited to no more than 12 hours a day, 60 hours a week of driving.

Dimitry K., Esq. :

And the driving is restricted based on the conditions on the license, such as to and from work or church

Customer:

even if i didn't comply?

Dimitry K., Esq. :

For a first offense there is no time limit, you can appl right away (and a refusal still permits you to apply) but you would also be required to get an interlock

Dimitry K., Esq. :

Hope that helps. Is there anything else I can clarify for you?

Customer:

one more thing

Customer:

the fact that they did not grant me the right to contact a lawyer. what can i do about that?

Dimitry K., Esq. :

That is something you would need to bring up with the attorney that you retain and see if civil rights were violated or if they failed to follow process

Customer:

ok thank you for your help, i appreciate it

Dimitry K., Esq. :

You are most welcome, glad to help. Good luck to you!

Dimitry K., Esq. :

If you found my information to be useful, kindly do not forget to positively rate my answers so I can obtain credit for my work. Thank you!

Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 37879
Experience: Run my own practice.
Dimitry K., Esq. and other Traffic Law Specialists are ready to help you

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