How Do DUI/DMV Hearings Work?
You were just arrested and charged with a DUI. What’s next? First you need to know that you will be fighting your DUI in two separate places. If you either refused or did a breath test you MUST request a DMV hearing within seven days of your arrest in order to protect your right to a DMV hearing.
The DMV does not issue warrants, fines, or impose jail. They have limited powers that are essentially restricted to determining whether or not you are legally allowed to drive. The Colorado DMV will also decide what additional requirements they may have in order for you to reinstate your driving privilege.
A talented Colorado DUI lawyer will be able to help you fight to keep your license after your DUI arrest.
I Did A Blood Test. How Do I Get A DMV Hearing?
The DMV cannot revoke your license unless they know that your BAC is more than .08. If you were recently arrested for a DUI and choose a blood test you must wait for the criminalistics laboratory to test your blood. If your BAC comes back higher than .08, the DMV will notify you at your last known address that you must request a hearing in order to fight for your license. If you chose to do a blood test it is incredibly important that you ensure the Colorado DMV has your correct address!
Blood Or Breath Test Is More Than .08. Now What?
This type of hearing is called an Express Consent Hearing. Colorado Revised Statutes 42-2-126 require the DMV to revoke a first-time DUI offender for a minimum of nine months. Fortunately, Colorado law will allow you to get your license back early after 30 days if you agree to additional requirements.
If this is your second or third DUI the licensing penalties get harsher. Colorado Revised Statute 42-2-126 also requires a second-time offender must lose their license for one year. If you have three or more prior DUIs Colorado law will require a three-year license revocation.
Refused To Take Blood Test: How Will DMV React?
Typically you might think of a “refusal” as simply telling the cop that you don’t want to take a blood or a breath test. In reality it is not always that simple.
A refusal can take on many forms in Colorado. If you are unconscious or you are medically unable to do either a blood or a breath test, then the DMV will consider that inability to do the test as a “refusal.” Drivers in Colorado who refuse to do either a blood or breath test face the possibility that the Colorado DMV will revoke their driver’s license for one full year.
If you are scared of needles, were knocked unconscious, had an asthma attack, or you simply told the officer you refused, then you must call the attorneys at Hernandez & Associates, P.C., in Denver at 303-536-5134. We defend people facing DUI charges and help people facing DUI DMV hearings. You can also reach out to us online.
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