Addressing DMV Administrative Hearings After DUI Arrests
Serving Clients Throughout Colorado
If you have been arrested for DUI in Colorado you are facing two separate proceedings. The first is a criminal proceeding in which you face jail time, fines, and other penalties. The second is an administrative proceeding that takes place at the Department of Motor Vehicles. At stake in the DMV hearing is whether or not you can keep your driver's license. However, a DMV hearing is not guaranteed – you must request it. After an arrest for DUI, you have 7 days to request a hearing at the DMV. If you fail to request a hearing within 7 days of your arrest your driver's license will be automatically revoked. Therefore, it is important to act quickly after your arrest in order to preserve your rights.
At The Adams Law Firm LLC, attorney Jared Adams leverages knowledge of DMV administrative hearing procedures to offer representation to clients in the Denver area. Attorney Jared Adams will work diligently to help you avoid the suspension of your driving privileges or a revoked license by clearly stating your case before the administrative panel.
To learn more about attorney Adams' administrative hearing representation, contact his office online or call 720-381-3168 or toll free 888-858-2134 and schedule your free consultation today.
Knowledgeable Guidance Throughout the Administrative Process
At the DMV you are facing an entirely different set of procedures and rules than at the criminal proceeding. In addition, the administrative process does not provide the same protections to defendants as the criminal process. Thus, it is important to have a knowledgeable attorney at your side during the administrative hearing.
Under Colorado law, if a hearing is requested it must be held within 60 days. If the hearing is not held within that time, the case is dismissed and you will be allowed to keep your driver's license. However, it is important to note that the DMV is unrelated to the criminal charges. Thus, success at one does not guarantee success at the other.
The hearings for DUI's in the Denver area are held at 1881 Pierce Street in Lakewood, Colorado. The hearing is presided over by a hearing officer who acts as a judge. The hearing officer will decided whether you will keep your license – there is no jury. If you request the presence of the arresting officer, he or she will testify and attempt to convince the hearing officer that there was probable cause to stop your vehicle and that you were driving under the influence of alcohol.
Next, your DUI attorney will have the opportunity to cross examine the officer and present evidence in your favor. In addition, your lawyer will argue that some or all of the evidence should not be considered because it is unreliable as a matter of law or was obtained through an illegal search. Many of these arguments are complicated and involve numerous laws and decisions from appellate courts including the United States Supreme Court. Thus, it is important to have a qualified DUI lawyer in order to give your case the best chance of success.
If the hearing officer finds that the evidence against you is either insufficient or inadmissible, then you may keep your driver's license. If, on the other hand, the hearing officer finds against you, your license is immediately revoked.
Attorney Jared Adams will work diligently to refute any of the questionable evidence against you, applying pressure on the administrative board to prove these issues and he may request that your arresting officer and toxicology test performer be available at the hearing to provide testimony and the opportunity for cross examination.
Limiting the Length of Suspensions
Colorado law places much emphasis on your BAC level at the time of your arrest to determine the length and type of license suspension you may face. These guidelines include:
- BAC of .08 and .169: nine month revocation with interlock device available after 30 days and reinstatement after four months if no issues arise
- BAC above .170: revocation of nine months, interlock device available after 30 days but no early reinstatement available
Contact attorney Jared Adams to schedule a free consultation to discuss your administrative hearing. Call 720-381-3168 or toll free 888-858-2134 today.
