DMV Hearing Attorney In Denver, Colorado
If you are charged with a DUI or DWAI in Denver, Colorado, you will have an administrative driver’s license case with the Department of Motor Vehicles to deal with, as well as criminal charges in the Denver County Court.
You will be given a “Notice of Revocation” letter by the Colorado Department of Motor Vehicles (DMV), which is often delivered upon your arrest if you elect a Breathalyzer 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.
Colorado Department of Motor Vehicles, Administrative Court Hearing In Jefferson County – What Happens?
This Colorado DMV hearing is like a mini court hearing, and it is important for you to attend it in order to present your defense concerning the charges against you and your driving privileges in Jefferson County. Complex evidentiary rules apply at the hearing, and the hearing officer will employ standards of evidence related to Colorado criminal law and constitutional law. The hearing usually occurs at the DMV headquarters in Lakewood, Colorado, and is generally brief, lasting no more than 30 minutes. Recently, there has been a shift to phone hearings in some counties. The Colorado police officer who filed the charges against you will usually be there to testify, if you have requested his presence. 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, so bring another driver. Following the hearing, you will be given the opportunity to ask for a probationary license, which can often be considered at the same hearing. In the event a Colorado driver refused to take a blood or breath test, he or she will not be permitted to obtain a probationary license.
Read HERE about the difference between a DUI and DWAI, and their associated penalties.
Blood Alcohol Content (BAC) Level In Douglas County
Your specific blood alcohol content (BAC) level will determine the type of revocation involved in your case. If it is over .05% in Douglas County, you are at risk of a DWAI (driving while ability is impaired) conviction 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. 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.
In some cases, it is possible to prove inaccuracies with BAC testing.
Lawyer For Department Of Motor Vehicles Hearing In Arapahoe County And Adams County
By having an experienced Arapahoe County and Adams County DUI/DWAI lawyer with you at the DMV hearing, you will be in a better position to make the strategic decisions necessary for a winning defense. If you have been charged with a DUI or DWAI and need to preserve your Colorado driver’s license as you deal with the Colorado Department of Motor Vehicles, contact us today at 303-731-0719. Together, we can protect your future.