Colorado DMV Hearing Attorney
Colorado Department of Motor Vehicles, Administrative Court
If you are charged with a DUI or DWAI, you will have an administrative driver's license matter with the Department of Motor Vehicles to deal with, as well as criminal charges.
You will be given a Notice of Revocation letter by the Colorado Department of Motor Vehicles (DMV), often delivered upon your arrest if you elect a breath test. Typically, you will have seven days from that time to request a hearing. Even if you do not have a Colorado DUI / DWAI attorney yet, you must respond within those seven days, or you will waive your right to have a hearing at the Colorado DMV.
This Colorado DMV hearing is like a mini-court, and it is important for you to attend in order to have your say concerning the charges against you and your driving privileges. Complex evidentiary rules apply at the hearing and the hearing officer will employ standards of Colorado criminal and constitutional law. The hearing usually occurs at the DMV headquarters in Lakewood, Colorado, and is generally brief, lasting no more than thirty minutes. The Colorado police officer who filed the charges against you will usually be there to testify. He/she will try to prove to the hearing officer that there was "probable cause" to stop and arrest you, that the breath or blood sample was accurate and legally taken, and that your blood alcohol level was above the legal limit. If the officer cannot prove any of these items, the action to revoke your driving privileges will be dismissed. However, if the Colorado Department of Motor Vehicle's hearing officer rules against you concerning your DUI / DWAI, your Colorado driver's license will be revoked on the spot. You will not even be allowed to drive home from the hearing. At that time, you will be given the opportunity to ask to be considered for a probationary license, which can often be considered at the same hearing. In the event a Colorado driver has a refusal, they will not be permitted to obtain a probationary license.
Your specific Colorado blood alcohol content (BAC) level will determine the type of revocation involved in your case. If it is over 0.05%, you are at risk of a DWAI (Driving While Ability is Impaired) from a criminal court, but it does not mean you will lose your Colorado driver's license from the DMV hearing. You should keep in mind that it is still very important for you to seek the advice of an experienced Colorado DMV attorney, because a DWAI conviction carries an eight point penalty against your driving record, and you may still run the risk of losing your license due to excessive point accumulation.
By having an experienced Colorado DUI / DWAI lawyer with you at this hearing, you will be in a better position to make the strategic decisions necessary for a winning defense. Contact the attorney's at O'Malley Law Office, P.C. to preserve your Colorado driver's license as you deal with the Colorado Department of Motor Vehicles.
