If you have been arrested for DUI, it is important that you act quickly to request a hearing at the DMV to fight to keep your license. The DMV hearing is an important step in the DUI process and may even help you defend yourself against the criminal charges related to a DUI arrest. However, a hearing at the DMV is not guaranteed – you must request the hearing and law limits the time you have to act.
If you either refused to take a blood or breath test, or you elected to take a breath test, you have seven days from the date of your arrest to request a hearing at the DMV. The seven day period runs from the date listed on the Notice of Revocation. Under Colorado law, the seven day period is calculated by excluding the first day and including the last. In addition, all days are counted not just business days. However, if the seventh day falls on a weekend or holiday, the period is extended to include the next business day.
If you elected to take a blood test, you will receive a letter in the mail indicating that your blood alcohol was above the legal limit and you license will be revoked. The letter will list the deadline for requesting a hearing. If you do not request a hearing, your license will be automatically revoked for at least nine months.
In order to request a hearing you must go a full service DMV office. I recommend that you go the DMV headquarters located at 1881 Pierce Street in Lakewood. If you refused a test or elected to take a breath test you will need to bring the paperwork the officer issued you when your license was taken. Specifically, you will need the express consent affidavit, which is usually a yellow piece of paper. If you elected to take a blood test you will need to bring the letter sent to you in the mail and your driver’s license. When you request the hearing you will be asked to surrender your license. However, after requesting the hearing you will be issued a temporary permit that is valid for sixty days or until the hearing, whichever is sooner.
At the DMV, you will need to get in the driver’s services line. You will be asked to fill out a form to request a hearing. The form will ask if you would like to have the officer present at the hearing. In most cases, you will want the officer present at the hearing. However, there may be cases in which it is in your best interests not to request the presence of an officer. In order to make this decision you should consult with a DUI attorney in order determine whether the officer should be subpoenaed to appear at the hearing.
Once your hearing is requested, the DMV must schedule the hearing to take place within sixty days. In addition, the DMV must provide at least ten days notice of the hearing date. The notice of the hearing date will be sent to you in the mail and usually arrives within thirty days. If the hearing does not take place within sixty days, then the case will be dismissed and your driver’s license will be reinstated.
