DMV Hearings
DUI per se/Express Consent
A person charged with an alcohol-related driving offense in Colorado may also be facing separate consequences from the Colorado DMV. The DMV in Colorado can revoke or suspend a person's privilege to drive, even if the person does not have a Colorado driver's license.
The most common types of DMV hearings are probably those to determine whether a person drove a vehicle when the person's BAC was .08 or more at the time of driving or within two hours after driving (DUI per se); or whether a person refused to take or complete or cooperate in the completing of a blood or breath test as required by law (Express Consent).
If your blood or breath test result was at .08 or above or if you refused or were deemed to have refused testing, you MUST request a hearing within 7 days of receiving notification that the DMV intends to revoke your license in order to safely preserve the chance of maintaining your privilege to drive. The timing and appearance of the DMV notification are different depending on whether you chose a blood test or whether you chose a breath test or refused testing.
If you are still in possession of your driver's license when you make the request for a hearing and you want to have driving privileges at least until the date of the hearing, you will be required to surrender your license at that time. Whether your license is taken at the time of the incident or by the DMV when a hearing request is made, you should receive a permit to drive that is valid for 60 days or until the date and time of the hearing, whichever comes sooner.
When you make the request for a DUI per se or Express Consent hearing, you will be required to make a choice about whether you want the law enforcement officer to be present at the hearing. You should consult with an experienced attorney before making this choice in order to place yourself in the best position possible for the hearing. In the event your license is revoked at the hearing and you are eligible, an experienced lawyer can also help you best present yourself and maximize your chance for a probationary driver's license.
Points Suspension Hearings
Hearings on whether or not a person's license should be suspended for points are also fairly common. If you get too many points against your driving record within a certain period of time, your driving privilege can be suspended for points. Points accumulate against your driving record when you are convicted of a traffic violation by paying a ticket, pleading guilty to a charge, being convicted at trial or, in some cases, failing to appear in court. If applicable, an experienced attorney can help you show the DMV its records are wrong. In the event your license is suspended at the hearing, an experienced lawyer can also help you best present yourself to minimize the suspension and maximize your chance for a probationary driver's license.
Probationary Driver's License Hearings
Another very common type of DMV hearing is the probationary driver's license hearing. If you are eligible and choose to apply for a probationary driver's license, an experienced lawyer can help you best present yourself and maximize your chance that the license will be granted.