A DMV hearing is a civil proceeding and if you’re arrested for DUI you can automatically request a hearing to contest your license suspension. The arresting police officer will also have an opportunity to testify on the circumstances of your DUI arrest. This is a chance to cross-examine the arresting officer before your criminal trial. Any inconsistencies in the police officer’s testimony will create grounds to argue for the charges to be dropped or reduced.
The trajectory of a DMV hearing cannot only lift your driver’s license suspension, but also provide valuable evidence for your upcoming trial. The ultimate outcome of a DMV hearing could have a significant impact on your case, so it’s important you have an attorney on your side every step of the way. Don’t represent yourself and instead allow a professional with an extensive background in DUI and DMV hearings to advocate for you. Their counsel and representation could save you from the full statutory penalties of DUI and a license suspension.
Denver DMV Hearing Lawyer, CO
If you were arrested for drunk driving, you will have to deal with the Department of Motor Vehicles (DMV) to challenge the suspension of your driver’s license. This is an important initial step to try and regain your driving privileges. Position yourself with an experienced criminal defense attorney who has the skills to effectively represent you in a DUI and DMV hearing.
When you select the Law Office of Matthew A. Martin, P.C. , you are in good hands. He’s served as a prosecutor in Douglas, Jefferson and Arapahoe counties before becoming a defense attorney. Therefore, he has insight into how the prosecution works in conjunction with law enforcement agencies. He can prepare you for what to expect in a DUI and DMV hearing while defending your rights in criminal proceedings.
Call Law Office of Matthew A. Martin, P.C. at (303) 725-0017 to set up your first consultation today. Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area including Jefferson County, Douglas County, Arapahoe County, Broomfield County, Adams County, and Boulder County.
- What is an Administrative Hearing for DUI in Colorado?
- How to Request an DMV DUI Hearing in CO
- How to Prepare for a Colorado DMV Hearing
- Additional Resources
What is an Administrative Hearing for DUI in Colorado?
Administrative trials at the Colorado Department of Motor Vehicles (DMV), also known as express consent hearings, provides DUI defendants the opportunity to contest their license suspension. These hearings are not tied to the defendant’s criminal case. Instead, the sole issue the hearing is focused on is whether or not you committed the violation and if your license should be suspended as a result.
At the hearing, the defendant and their attorney can introduce compelling evidence, call upon witnesses, cross-examine the arresting officer, and present their case to the administrative law judge. The administrative law judge, also referred to as a DMV hearing officer, will then determine whether or not the defendant’s license should be suspended.
The DMV Hearing officer will review a multitude of factors before making a decision such as:
- Whether the defendant was in actual physical control of the vehicle
- If the police officer had a lawful reason to stop the defendant
- If enough probable cause existed to require the defendant to take a BAC test
- Whether the officer advised the defendant of their rights under the Colorado Express Consent Law
- If the defendant complied or refused chemical BAC testing
How to Request a Colorado DMV Hearing After a DUI?
The process to request a DMV hearing in Colorado will depend on the outcome of your traffic stop. If you took a BAC test and failed or refused testing, then you’ll likely be given a document titled Express Consent Affidavit and Notice of Revocation after your release from jail or the hospital. The document will serve as a seven-day driving permit since law enforcement will confiscate your license when you’re detained.
To request a hearing, you must report to the DMV within 7 days of your release and then request a hearing. Failure to request a hearing before the time limit is up will mean you’ve automatically waived your right to one. Plus, you will lose your license for nine months immediately if you don’t contest the restraint with a DMV hearing.
If you underwent a blood test by law enforcement, you must await a letter in the mail titled “Order of Revocation.” The document will reveal your results and whether you were above the legal limit. You will then have 10 days from that postmarked date to surrender your license and request a DMV hearing. Failing to surrender your driver’s license in time will cause the DMV to deny you the temporary 60-day permit that is granted while waiting for the hearing. You will also have your driver’s license revoked if you waive your right to a hearing.
How to Prepare for a Colorado DMV Hearing
Handling DUI charges on top of a potential license suspension is stressful for anyone. Despite this, it’s very important you’re prepared when you step foot in that administrative hearing. This is a rare opportunity to fight your suspension as well as gain more compelling evidence for your DUI defense case. The best way to prepare for your hearing is to hire experienced legal counsel with an extensive background in Colorado DMV issues.
A skilled DMV hearing lawyer can assess the evidence and point out any inconsistencies or mistakes by law enforcement. They can then emphasize these issues during cross-examination in an effort to sway the DMV hearing officer. If the hearing officer finds there is not enough evidence to suspend your license, then it will be incredibly difficult for the prosecutor to fulfill the burden of proof that you’re guilty of DUI or DWAI.
Request a DUI Hearing | Colorado DMV – Visit the official website for the Colorado Department of Motor Vehicles (DMV) to read up on their provided information about DUI as well as how to request a hearing with the department. Access the site to learn who to contact for a hearing, the required alcohol courses for DUI defendants, and other valuable information.
DUI and DWAI | Colorado Revised Statues – Visit the official website for the Colorado Revised Statutes to read up on their legislation regarding alcohol and drug offenses while driving. Access the site to learn more about the penalties for DUI, DWAI, DUID, and other offenses.
DUI Denver Attorney | Colorado DMV Hearing Process
Are you in need of legal representation? Then it’s within your best interest to contact Law Office of Matthew A. Martin, P.C.. Matthew Martin is an experienced DUI defense attorney with a strong background representing individuals in license revocation and suspended license hearings. He has a firm understanding of the criminal and civil proceedings and his top priority centers around helping you act quickly.
You only have 7-10 days to request a DUI and DMV hearing before your license will automatically be suspended. So, there’s no time to waste. Call Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 to set up your first consultation free. Law Office of Matthew A. Martin, P.C. accepts clients throughout the Denver area including Boulder County, Adams County, Arapahoe County, Jefferson County, and Broomfield County.