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The Colorado 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 is reliable evidence that you were driving under the influence of alcohol.
Your Colorado DUI lawyer will cross examine the officer at the hearing, and challenge 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 may be eligible for early reinstatement of your driving privileges. Again, this will only be possible if you submitted to take a blood or breath test.
All Colorado DMV hearings must be requested within seven days of being arrested for driving under the influence if you refused a breath or blood test, or within seven days of when you receive the blood test results in the event that you were arrested for a DUI but didn’t refuse the chemical test. If you fail to request this hearing within the required seven days, you forfeit your right to fight for your driving privileges.
If you win your DMV hearing, you will be permitted to keep your driver’s license while you await your criminal trial, which can be a substantial benefit. Criminal trials don’t happen immediately, so being able to continue to drive in the meantime is essential for many people.
Even if you think you might lose your DMV hearing and have your license suspended, it can still be beneficial to request a DMV hearing. Since you sometimes only have seven days from the time of your arrest to request the hearing, it’s essential to contact an experienced lawyer right away.
Having the DMV hearing, even if you lose, provides your attorney with important information. They will see the officer testify and may be exposed to some evidence and testimony that they otherwise wouldn’t be privy to until your case goes to trial. This is something that you will want to discuss with your attorney, but having a hearing should always be considered.
If your DMV hearing isn’t decided in your favor, you have the option to appeal the decision. You must do this at the local district court within 35 days of the DMV decision. An appeal does not mean that you get to have a new hearing; it simply means that the judge will review the transcripts from the hearing and decided if the administrative law judge made the correct decision to suspend your license.
The DMV will not provide you with a copy of your DMV hearing transcript. You will have to specifically request the audio transcript from the DMV and then have it transcribed so a judge can review it.
Requesting a DMV hearing, even if you think you lose, can be beneficial in many circumstances. Hiring an experienced attorney who knows the ins and outs of Denver DUI law is absolutely crucial. When you hire Attorney Kevin Churchill of Churchill Criminal Defense, you’re hiring an attorney with more than two decades of DUI experience. He truly understands the devastation that a DUI conviction can cause and how damaging it can be to have your license suspended. If you need assistance with a DMV hearing or anything else DUI related, contact us today at 303-832-9000 or use our easy online contact form to schedule a free consultation.