After a person is arrested and charged with DUI in Colorado, not only will they have to undergo a criminal hearing to determine guilt for the offense, but they will also need to attend a DMV hearing. DMV hearings are held at the Department of Motor Vehicles to determine whether or not a person’s driver’s license will be suspended following a DUI arrest or conviction, and are completely separate from the criminal hearing. Even though these proceedings are separate, your DUI attorney will represent you during both and can do a great deal to help you through each process.
After being charged with DUI in Arapahoe County, you only have 7 days to request a DMV hearing, otherwise your driver’s license will automatically be suspended. Due to the severe time constraints, it is imperative that you take action to hire a lawyer immediately. As your legal representative, DUI Attorney Chris Cessna will make sure you file your request in a timely manner and will be there during the actual hearing to make sure things go smoothly.
During the actual DMV hearing, evidence and testimonies will be presented to prove that there was probable cause to pull you over and arrest you, that the breath or blood sample was legally obtained, that the blood or breath test results were accurate, that your BAC was .08 or higher, and that you were properly informed of your rights by the officer. If all those factors can be proved, it is likely that your license will in fact be suspended, but for a length of time that will be determined by your BAC, your exact offense, and whether or not you have any prior DUI convictions. If any of those factors cannot be proved, then you may be able to keep your driver’s license and your driving privileges will immediately be reinstated.