DMV Hearings in Fort Collins, CO
Get Advice from a Proven DUI Defense Attorney
If you got arrested and charged for DUI in Colorado, you will be required to attend an administrative hearing at the DMV office. The purpose of your DMV hearing is to determine whether or not your license will get suspended or revoked as a result of your DUI.
Colorado DMV hearings are a critical component of your DUI case, as they have the power to decide the fate of your driving privileges. Remember, without a driver’s license, you will be prohibited from traveling to school, work, appointments, errands and recreational activities, to name some. In sum, a suspended or revoked license can significantly damage your livelihood, therefore you must understand how Colorado DMV hearings work to best prepare for yours.
A Fort Collins DUI defense attorney at the Law Office of Kevin R. Churchill can provide the legal counsel and representation you require to fight for your driving privileges. Contact the firm at (970) 238-2982 to get started.
How Do I Request a DMV Hearing in Colorado?
After your DUI arrest, you may receive an Express Consent Affidavit and Notice of Revocation from the DMV or your arresting officer. An Express Consent Affidavit concerns the following issues:
If you operated a vehicle with a BAC of .08 or higher at or within two hours of the time you drove
- If you refused to take, select or cooperate in completion of a chemical test when a police officer had probable cause to suspect an alcohol and/or drug-related offense was committed
If your DUI case concerns a breath test of .08 or higher or a chemical test refusal, you have seven days from the date of your arrest to request a DMV hearing in Colorado, as stated in your Express Consent Affidavit. If you do not request a hearing concerning your potential license suspension, your suspension will be effective on the eighth day following your DUI arrest.
In cases regarding blood test results, the DMV cannot suspend your license unless and until they have a blood test result that displays a BAC exceeding .08. Since blood test results can take weeks to obtain after your arrest, you will not be able to request a Colorado DMV hearing until they have notified you of your pending suspension. Once they obtain your blood sample, the DMV will mail you a notice giving you 10 days to request a hearing.
What Happens at a Colorado DMV Hearing?
At your Colorado DMV hearing, you can expect the following to occur:
The Hearing Officer will review your documents to determine whether you
satisfied the statutory elements concerning your DUI arrest and consider
any evidence you present
- If you took a chemical test, your license suspension will be dependent on whether you drove or were in control of a vehicle with a BAC of .08 or higher
- If you refused to take a chemical test, the Hearing Officer will examine whether you drove or were in control of a motor vehicle and an officer had probable cause to request a chemical test, in addition to whether you refused or cooperated within two hours of driving
- Based on the facts of your case, if the Hearing Officer finds that you were more likely than not to satisfy the above elements, they will suspend or revoke your license.
Trustworthy & Results-Driven DUI Defense in Fort Collins
Although you are not required to have a DUI defense attorney at your Colorado DMV hearing, it is in your best interests to retain one. A proven lawyer can help guide you through your DMV hearing and champion your case in front of a hearing officer and police officer. Without an attorney, you may be unable to successfully request and complete your DMV hearing, resulting in a loss of your driving privileges.
Don’t let this happen to you. Fight back with the help of a Fort Collins DUI defense lawyer at the Law Office of Kevin R. Churchill. Contact us to schedule your free initial consultation!