After a drunk-driving arrest, you actually face two legal proceedings: A DUI trial and an administrative hearing before the Colorado Division of Motor Vehicles that determines whether your license should be suspended. But the DMV hearing isn't automatic; you must request it within seven days of your arrest -- or you won't be able to fight to keep your license at all. Most people don't realize this, so many lose their licenses without even realizing they had a fighting chance. You're legally allowed to have an attorney representing you at this hearing -- and with your driving privileges at stake, it's a good idea.
Jennifer B. James, P.C., can help. I am a criminal defense lawyer serving drivers who are facing Colorado administrative license suspension hearings. I will review the evidence against you to determine possible weaknesses and consider your individual circumstances. I can also coordinate the defense at this hearing with a defense against any related criminal intoxicated-driving or traffic charges.
The Colorado DMV License Hearing Process
A DMV hearing is completely separate from a DUI trial; it's not a criminal trial, but a civil proceeding that protects the driving privilege you've earned. The result of one will have no effect on the other. However, because you can ask the arresting officer to appear at the DMV hearing, which often happens first, the hearing can be a good way for us to preview the testimony and questions likely to be asked at your DUI trial.
In DUI cases, your license can be revoked for a year if you refuse a BAC test or three months if you're accused of DUI (a year if you're convicted). In those cases, you have just seven days (including weekends) from the date of your arrest to request a DMV hearing to fight the revocation. You can also have your license revoked for non-DUI reasons, such as too many points, physical or mental problems, lack of insurance or even failure to pay child support. In those cases, the letter you receive in the mail will specify how long you have to make your request. In either case, it's important to get started quickly so we don't miss the deadline. Once you make your request, you get a temporary license good until the hearing date.
At your hearing, a DMV representative will decide whether you committed the offense that triggers a license suspension, using much of the same evidence presented at a DUI trial. There are several defenses I may be able to raise, even if the evidence against you seems overwhelming.
Colorado Springs Administrative Per Se Hearing Lawyer
A driver's license is almost essential in Colorado. Losing it can substantially affect your ability to get to work on time, find a new job or care for your family. Don't let an opportunity to keep it pass you by without a fight. If you're facing a Colorado DMV license suspension hearing, contact Colorado Springs DUI defense lawyer Jennifer B. James for a consultation. You can reach me at (719) 473-1813 or drop by my downtown Colorado Springs offices.