 Denver DMV Hearing
The DMV hearing for all Denver area cases will be held at 1881 Pierce Street in Lakewood, Colorado, about 20 minutes west of Denver. At the hearing, a hearing officer will play the role of a judge to determine whether your driving privilege will be revoked. The police officer that arrested you will appear if you requested his presence when you requested the hearing. The police officer will testify about his observations, and try to convince the hearing officer that there was probable cause to stop your vehicle or otherwise contact you - and that there is reliable evidence that you were driving under the influence of alcohol.
Your DUI lawyer will cross examine the officer at the hearing, and challenge both the probable cause to stop you in the first place, as well as the sufficiency and accuracy of the DUI evidence against you. The hearing gives your lawyer an important opportunity to evaluate the case against you, and a chance to see how the officer will stand up as a witness later in your criminal case. You are allowed to testify on your own behalf. However, unless you must testify in order to introduce important facts into evidence, your attorney may advise you to remain silent.
Your attorney will attempt to keep some or all of the evidence against you from being considered by the hearing officer. If the police officer violated any procedural or constitutional laws, the evidence should be "suppressed," meaning that the hearing officer is not allowed to consider it in making her decision. This is why it is important to have an experienced DUI defense attorney at the hearing. Only an attorney well-versed in Fourth Amendment law, as well as other Colorado DUI law, will give your case the best chance of success.
You will only face a revocation of your license if you refused the blood alcohol test, or took the test and received a result of 0.08 or higher. Any result below 0.08 will not result in an administrative revocation. If the hearing officer finds that the proof against you is both admissible and sufficient, then your revocation is immediate, and it is prohibited for you to drive from that moment on. If you are revoked at the hearing, you can ask the hearing officer to grant you a provisional driver's license. Your lawyer will prepare you ahead of time for the types of questions that you will be asked during the provisional license portion of the hearing. For more information, please visit the Provisional License page.
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