When you have been charged with driving under the influence (DUI), driving while ability impaired (DWAI), or driving under the influence of drugs (DUID), you are likely going to have two separate places to defend yourself. The first is the court and the second is the DMV. Both have the power to seriously disrupt your life and neither has an impact on what happens with the other. For example, Denver DUI/DWAI attorneys Jason Savela and Ryan Dawson have won DUI jury trials and gotten DUI charges dismissed, but still, unfortunately, had the DMV take away their client’s driver’s license, and vice-versa.
Contact a Colorado criminal defense lawyer representing clients in Boulder, CO today to schedule your initial consultation.
DMV proceedings begin when a police officer contacts a person the officer claims was driving. The officer must also believe that the person had a blood alcohol content above 0.08% or that the driver refused to complete a chemical test (blood or Intoxilzer/breath) of their blood alcohol content. Depending upon how the driver handles this situation, the officer may confiscate the driver’s license immediately, or the case may be sent to the department of motor vehicles for a hearing which can be defended.
If the driver provides a breath test (generally using the Intoxilyzer 9000 machine), and the result is greater than 0.08% blood alcohol content, the officer may immediately confiscate the driver’s license. However, if the person refuses or submits to a blood test the then the person’s license will be invalidated only after the blood sample is analyzed and the test reveals excess blood alcohol content or the DMV concludes the person indeed refused to provide a chemical sample.
Once police say the driver either tested above the limit or refused to take a test, they will receive a notice from the Department of Motor Vehicles regarding their driver’s license and the ability to request a hearing. A hearing must be requested within seven days. The driver is able to keep driving during that seven-day period. If the driver does not request a hearing within that seven-day time period their license will automatically be revoked, but if they request a hearing, then the driver or their attorney has the opportunity to fight for the driver to keep their license. Once the driver requests a hearing, they can drive using a temporary permit which allows them to drive until the hearing.
If you would like to schedule an initial consultation, contact a Colorado criminal defense attorney, we represent clients in Denver, Colorado, and surrounding area. The Savela Law Firm, P.C. Give us a call at (720) 821-1001 or complete our inquiry form.
DMV hearings are an administrative procedure in which a lawyer can represent you. The hearings are conducted by a DMV hearing officer who is also a lawyer. The police officer who stopped you will also likely be present to provide testimony during the hearing. The hearing officer will focus on a few issues in making their termination about whether your driver’s license will be revoked. The first is whether or not the officer had a fair and legal reason for stopping you and beginning the process. Next, the officer has to determine whether the police officer had probable cause to believe that you were driving under the influence of alcohol, drugs, or both alcohol and drugs. Finally, the officer needs to determine whether a test was done of your breath or blood that can be relied upon or whether you refused to take a test. During this process, there are a lot of opportunities and ways in which an experienced Denver DUI defense attorney can argue to persuade the hearing officer that you should be able to keep your license.
FAQ Regarding DMV
I requested a DMV hearing after being pulled over for a DUI, but I never received notice of the hearing. Should I call to get the date?
Yes, but only at the right time. We know when to call the DMV to help you keep your license. Instead of calling the DMV, call a Denver Boulder DMV license attorney.
Where will the DMV send the notice of revocation and notice of hearing?
They will send it to the address the officer gives when the officer files notice. Generally, this is going to be the address on your license, but that may have changed.
Should I call the DMV to make sure they have the correct address?
Sometimes, but first, you should call a Denver Boulder DMV license attorney and find out how this can help us win so you can keep your license.
Should I request the officer be present at the hearing?
Again, sometimes. It is best to contact an attorney who specializes in this area first. If the officer does not show up when requested we can win and you will keep your license. However, an officer can also be subpoenaed after we review your case for a license winning issue that the officer might fix at the hearing. The DMV will usually set all of an officer’s hearings back to back if the officer is requested, but hearings, where an officer is not requested, will be set randomly.
If you are dealing with DMV proceedings an experienced Denver DMV attorney can help. Get in touch with experienced Denver DMV attorney Jason Savela by calling (720) 821-1001.