James Forslund Your DUI Defense Pardner Welcome to the Law Office of Jim Forslund

303-332-3602


      

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HEARINGS WILL NOW OCCUR IN ABOUT 90 DAYS

Get Denied and We Will Get You On The List When You Retain Us

This information is current 4/21/19

Frequently Asked Questions About Colorado Licenses and the Interstate Driver License Compact


The Basics

Qualifying for a License

The Acronyms

The DMV Hearing

After the Hearing

Taking Action

  1. What do you charge?

    $1,200.00. We start preparation when you pay an initial retainer $600.00. A second payment of $600.00 is due 10 days before we appear at Department of Revenue Hearing office with you. We will prepare you, take you through the process and help you with what you need to complete to get your license. For this fee we will appear with you a second time, if necessary and possible, unless you caused the second appearance.

  2. The only hold I have on my license is from the State of Colorado or I do not have a hold anywhere. Does this process apply to me?

    No. This only applies to holds from other states. Call DMV at 303-205-5600 and ask when and how to get your license. Or visit CO DMV site.

  3. What effect does the law making a 4th conviction for impaired driving a felony have on my ability to get a Colorado license?

    • Impaired driving convictions based on offenses which do not reflect injury or death and which were based on offenses which occurred before 08/05/15 will continue be analyzed under Colorado Law as misdemeanors regardless in which state they occurred.
    • If the date of such offenses occurs on or after the above date, such offenses will be analyzed as felonies under Colorado Law, but there is still the same possibility of getting approved for a Colorado license.
    • Offenses prior to the above date will be analyzed as misdemeanors unless someone was injured or killed. They will not be converted to felonies because of this change in the law.
    • NOTE: If you you have three or more lifetime convictions for impaired driving and if you are convicted for a new offense which happened in Colorado after the above date, you would be sentenced as a felon if the prosecutor can prove the prior convictions. Remember that you have a right to remain silent. Exercise your rights!


  4. What is the National Driver Register (NDR)?

    NDR is a computerized database of information about drivers who have had their licenses revoked or suspended, or who have been convicted of serious traffic violations such as driving while impaired by alcohol or drugs. State motor vehicle agencies provide NDR with the names of individuals who have lost their privileges or who have been convicted of a serious traffic violation.

  5. How do I find out what is listed on the NDR?

    You are entitled, under the provisions of the Privacy Act, to request a file search to see if you have a record on the NDR. As a private citizen, you must send a notarized letter commonly referred to as a "privacy act request" to the NDR indicating that you would like an NDR file check. Individuals should send their request to the National Driver Register, 1200 New Jersey Avenue, S.E., Washington, D.C. 20590. Please include in your request your full legal name, DOB, State and Driver License Number, Sex, Height, Weight, and Eye Color (your social security number is optional). There is no charge for this service. Here is a free NDR PDPS Privacy Act Request form, for which some sites charge $20.00.

  6. What is the Problem Driver Pointer System (PDPS)

    The Problem Driver Pointer System (PDPS) is a computer database maintained by the National Driver Registry (NDR) which contains information including name, date of birth, gender, driver license number, and reporting State of Record (SOR). It reports on individuals whose privilege to operate a motor vehicle has been revoked, suspended, canceled or denied or who have been convicted of serious traffic-related offenses.

    Based on information received as a result of an NDR search by a state DMV as part of that agency's process of issuing a driver's license, PDPS "points" the inquiring jurisdiction to the SOR, where an individual's driver status and history information is stored. Based on the information received from the SOR, the issuing state decides if the applicant is eligible to receive a new or renewed driver license.

    Possible NDR status outputs from system are:

    • No Match: The individual does not have record on the PDPS
    • Match: The individual does have a record on the PDPS
    • Licensed (LIC): Licensed means the individual holds a license in that State and the privilege to drive is valid. (Only drivers who previously had a suspension/revocation and have cleared their history are included here.)
    • Eligible (ELG): The individual's privilege to drive or apply for a license in a State(s) is valid
    • Not Eligible (NELG): The individual's privilege to drive in a State(s) is invalid


  7. What are my chances of getting a Colorado driver's license? Of the 300 plus clients who have retained our services over the years to take them through our process at the Department of Motor Vehicles and/or Colorado Department of Revenue, no one who followed our recommendations has been denied a Colorado driver’s license. As in life, past performance is no guarantee of future results.

  8. Which states are not recognized by Colorado DMV as being members of the Interstate Driver License Compact?

    We have represented clients with holds on their licenses in Massachusetts & Michigan. Colorado DMV ignored these holds. It may possibly not recognize holds in Georgia and Wisconsin, because we do not believe they are part of the same compact.

  9. Do unpaid tickets or bench warrants for failure to appear in court have any effect on the ability to get a Colorado License? What if I am on probation? What if I owe for damages I caused?

    • Unpaid tickets or bench warrants will prevent you from getting a license if they show up on the NDR.
    • Being on probation will not keep you from getting a license.
    • If you owe money for damages and if you can work out a payment plan, we may be able to get you a license.


  10. Would I be able to get a Colorado license if the only reason I cannot get a license is because the licensing department of another state wants me to complete classes?

    We would most likely be able to get you a license in Colorado after a hearing when you enroll in classes. You would not have wait until you complete them.

  11. What happens at DMV when I apply for a Colorado License when my hold is from any state.

    1. Show your two proofs of address dated in the year previous to get in the license application line.
    2. Show them also the the clerk when you get to the head of the line plus a valid state full name ID card from another state, your full name birth certificate with a raised state seal and proof of your social security number.
    3. Pass the written test. Study the Colorado Driver Handbook in advance.
      • A car going down a narrow mountain road must back up to yield the right of way to one coming up.
      • The best way to slow your vehicle down while going down a steep grade is to downshift.
    4. Answer 'yes' as to whether your license is revoked, suspended or denied in another state. Do not accept a license if you know that there is an NDR hold.
    5. Purchase a Colorado State ID and ask for a written denial, written denial: COLORADO LICENSE NOT ISSUED DR2663.
    6. Stay in touch with our office during the application process as necessary and call for and appointment when it is completed. We offer phone consultation if it is not convenient for you to come to the office.
    7. We will start the appeal process once you retain us.


  12. What if the clerk will give me a license if I will answer 'no' to the above question and I know there is still a hold in a any state?

    Do not accept the license, because the DMV will cancel and deny your license when their records are corrected, and then your only option may be to remove that hold. Get your driving history from the states that have holds, order your national driver register record and contact this office.

  13. Can I do this on my own?

    Possibly, but you may FUBAR it. It has taken us 6 months so far to get an appeal on track for one client who did.

  14. I own or operate a business in the state, do I need to have proof a permanent residential address for proof of address?

    Not necessarily. Proof that you have a bank account in your name with a Colorado address may be sufficient, but it can not be a box at a US Post Office. Notices and licenses will be sent to this address. You must maintain it as long as you have your Colorado license.

  15. I own or operate a business in the state and I am flying into DIA to apply for a license. Where is the closest DMV office?

    The Denver NE DMV office at 4685 Peoria Street is close to the airport and 1.6 miles from the Peoria light rail station. Our office is 1.1 miles from the Englewood station. Here is a link to accommodations close to the DMV office.

  16. How long does it take to get a hearing?

    We are usually able to set hearings in about 4-6 weeks from the time you were denied a license.

  17. How long does it take to get a license after the hearing, if I am approved?

    • Two to three business days if an interlock is required.
    • It takes about two hours to install an Interlock device. You will have to set an appointment. Ask what forms of payment are accepted before you go.
    • You may need SR-22 insurance and should insure the vehicle to cover the interlock, if one is required.

  18. If the hearing officer approves me for a license, does it remove the hold(s) from other state(s)?

    • No. The hearing officer orders the DMV to issue you a license in spite of the hold(s).
    • Only the other state(s) are able to remove the hold(s).
    • As long as a hold remains on the NDR, you will not be able to exchange your Colorado license for another state's license.
    • You will have to continue to acknowledge the holds in the other states that the hearing officer overruled when you apply for a license. This will often confuse the clerks and sometimes their supervisors. If you retained us to get your license, we will assist you.
    • You should not drive in the state(s) that has (have) hold(s) on you without consulting with a local attorney.
    • To cover all the bases, you might consult with a local attorney in the states that do not have holds.


  19. If I am required to have an interlock to get a license, when I take my driving test at a driving school, do I have to supply my own car with an Interlock already installed or can I use one of their cars?

    You will need to take the driving test in an interlock vehicle only if you were required to get an interlock before you were issued a learners permit.

  20. Does the hold on my license deny my constitutional right to travel and when I get a Colorado license where can I travel?

    No.
    • There is no such right in the constitution.
    • You may travel. You just may not travel by driving without a license.
    • A driving license is a privilege, not a right.
    • You cannot drive in any state that has a hold on your driving privilege but you are free to drive in any other state.


  21. What happens if I can not prove my identity to the clerk at DMV?

    You would be referred to Investigations. This delays the process. If you retain us, we will help you avoid the delay.

  22. If my license is suspended or revoked in another state due to non-DUI issues (unpaid tickets, driving under revocation, child support, HTO, etc.) can I still get a Colorado license?

    • You may be able to if Colorado law would have not taken your license away or would have not taken it away as long.
    • You would have to pay tickets that show up on the NDR, because Colorado Law is the same. You do not have to pay any amounts due to the licensing authority itself.
    • You would have to bring your child support payments up to date.
    • If you are a Habitual Traffic Offender (HTO) in another state, you most likely be one here, too. Three HTO offenses in seven years will revoke you under Colorado law for five years. However, if your HTO status is due in part to an impaired driving conviction, you may be able to early reinstate after one year.


  23. I was previously issued a license in Colorado because my hold was in a non-compact state, but now I can not renew it.

    As of 02/20/2017, DMV has been denying renewals in these cases. You have a right to a hearing. Get a Colorado State ID and the form called COLORADO LICENSE NOT ISSUED. Stop driving and contact us about an appeal. On 05/26/2018 and 02/01/19 District Court Judges ordered DMV to issue a license when the Department of Revenue would not. On 11/6/18 and 02/20/19 a Department of Revenue hearing officer ruled the DMV could not consider a driver's motor vehicle record from a non-compact state.

  24. Where may I learn more about obtaining a Colorado License?

    See Why You May Be Able to Get A Colorado Driver's License If You've Lost Your License in Another State

    • Review the page and fill out the Colorado License Interview form. This is the best way to start if you are not currently in Colorado.

    • Be complete and as concise as possible.

    • We will contact you promptly, but have limited time to focus on whether you may qualify. We have many people contacting us and some of them have been contacting us for years. The focus of this process is not whether you need a license, but whether you are safe to be issued a license and whether you would qualify under Colorado law if everything on your record had happened in Colorado.

    • If you have questions that are not answered on this FAQ, there is a place to enter questions on the Colorado License Interview form.

    • We have qualified hundreds of drivers for licenses and know what to focus on. We do enjoy helping people and getting to know them, but we do not need to hear your life story the minute we pick up the phone.

    • We may be able to predict your chances at clearing your license up, but if it is FUBAR we may not be able to do so no matter how long you attempt to keep us on the phone.


  25. I filled out the Interview. Why did I not get a response.
    • Check your spam folder. We will always respond, at least by email.

    • You did not tell us the state which has a hold on your license or why.

    • Your situation is addressed on the FAQ page.

    • We get some Interviews with invalid email addresses and phone numbers, so we have no way to respond.

    • Once we respond, we wait for you to move matters forward. We will respond to your subsequent inquiries as long as we are making progress.




  26. If you require assistance before you arrive, please sign and send our fee agreement Adobe Reader with payment. Make sure you provide adequate contact information so we can get in touch with you. You may mail it with a check or money order or fax it with a card number to 303-672-6815. We can also provide an email address upon request.

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