Department of Motor Vehicle Hearings

Do you need a lawyer for a Colorado Department of Motor Vehicles (DMV) hearing? The penalty for a first-time DUI in Colorado is a mandatory nine-month suspension of your license. Acquiring legal representation ahead of a Colorado DMV hearing for DUI charges may help you stop your license from being automatically suspended. Many people who are charged with DUI in Colorado are confused about the difference between a DMV hearing and court trial. Here’s what you need to know when facing DUI charges in Colorado:

• A DMV hearing is an administrative hearing.
• The DMV is not responsible for determining criminal charges.
• The only penalty the DMV can impose is a revocation/suspension of a driver’s license.
• A DMV hearing is separate from any proceedings that occur in the Colorado court system.
• DMV hearings do not have juries. A judge makes the decision regarding your driving privileges.

Verdict determination is handled differently for DMV hearings than it is in court trials. The evidence presented during a DMV hearing must show that you are more likely not guilty than guilty in order for you to keep your license. By contrast, a trial requires the evidence to show that you are guilty beyond a reasonable doubt. It’s very important for anyone facing DUI charges in Colorado to know that being found not guilty in a DMV hearing does not mean that you are safe from a license suspension. You can still have your license suspended if you lose your criminal case after being found not guilty during a DMV hearing. It’s necessary to win both your DMV hearing and criminal case in order to keep your license after a DUI. This is why a Colorado DUI lawyer’s first priority is often to get charges negotiated to avoid trial.

Many people charged with DUI in Colorado are unaware that DMV hearings even exist. Others wonder how scheduling a hearing could possibly benefit them when the last thing they want to do is stand trial. You should strongly consider scheduling a DMV hearing for DUI for the following reasons:

• A hearing provides your attorney with an opportunity to cross-examine your arresting officer.
• It’s not unusual for officers to reveal misconduct or procedural failures during a hearing. This can include everything from prematurely administering a breathalyzer to giving a faulty sobriety test. Procedural failures are enough to cause the hearing judge to rule in your favor regardless of additional information presented.
• Even an “unsuccessful” DMV hearing can still help your lawyer to learn critical information that will be important as you fight your criminal DUI charges in court.

The importance of having a lawyer representing you during a DMV hearing is twofold. First, your attorney may be able to use the format of the hearing to get your license suspension thrown out due to lack of evidence on the part of the arresting officer. In addition, your DMV hearing can serve as an important trial run for your criminal defense that helps you to avoid serious penalties as a result of your attorney getting a “glimpse” of the evidence that will be coming your way. It’s also important to have legal representation as you try to make the seven-day deadline following your DUI arrest to ensure that your request for a hearing is honored. You’ll need to provide your Express Consent Affidavit, Notice of Revocation, and other essential pieces of information when making your request. Again, DUI defendants in Colorado have just seven days following arrest to request these hearings.

Your request for a DMV hearing in Colorado must be made within seven days of your DUI test for both failed and refused breathalyzer tests. Your license will be automatically revoked after the seven-day period if you do not request a hearing. Most hearings are scheduled within one to two months of your request.

You will be able to keep your driver’s license while the results of your criminal case are pending after you win your DMV hearing. You aren’t necessarily out of options if you lose your DMV hearing. Colorado defendants actually have the right to file appeals with district courts within 35 days of receiving their DMV decisions. An attorney can help you to obtain the written transcript copy that is required for filing appeals. This transcript is essential because it is ultimately what is used to determine if your initial verdict should stand. DMV hearing appeals in Colorado are not considered retrials. During the process, a judge reviews the written transcript that you provide to decide if the original judgment was correct.

Should you request a DMV hearing in Colorado following a DUI arrest? Your decision could determine whether or not you get to keep driving while the results of your criminal case are pending. It’s important to talk with a lawyer during the seven-day window for requesting a trial following your arrest before you lose the option to try to prevent your license from being suspended. At Koziel & Lehr Law LLC, we provide legal help for clients facing first, second, third, and subsequent DUI charges. Let us help you defend your rights following a DUI arrest. Our law office will use every option available to help you try to keep your license. Contact us today for a consultation.

Call us at (720) 314-8750 for a consultation and a DMV case review.