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When you are arrested for driving under the influence (DUI), you must take steps to protect your driving privileges. This is done at a DMV hearing. Also called an Express Consent Hearing, you must request one within seven days of arrest to protect your driver’s license. If you fail to do this, the DMV automatically suspends your license.

Even though the DMV hearing occurs because you are arrested, the hearing is not considered a criminal matter. The hearing will occur in an administrative courtroom. During the DMV hearing, sanctions can be placed against your driving privileges, but no decisions about your main DUI criminal charges will be discussed or decided.

The outcome of your DMV hearing does not impact your criminal charges.

Regardless of what you think will happen, it is smart to work with a Denver criminal DUI attorney to understand and protect your rights in all matters related to your arrest.

The Importance of a DMV Hearing

Before delving into the specifics of a DMV hearing, it’s crucial to recognize its significance. In Colorado, the DMV automatically suspends your driver’s license when you are arrested for a DUI.

This suspension can take effect as soon as seven days after your arrest. However, you can request a DMV hearing to challenge the suspension. This hearing is separate from your criminal court proceedings and focuses on the administrative side of your case.

Scheduling the DMV Hearing

You or your Denver DUI lawyer must act quickly to request a DMV hearing. You typically have seven days from the date of your DUI arrest to request the hearing. If you miss this window, your license suspension will automatically go into effect. It is essential to consult with a DUI lawyer in Denver immediately after your arrest to ensure you meet all deadlines and take the necessary steps to protect your driving privileges.

The Purpose of the DMV Hearing

The primary purpose of a DMV hearing for a DUI is to determine whether your driver’s license should be suspended. During the hearing, the DMV hearing officer will review the evidence and testimony presented and decide whether there is a valid reason for the suspension. This is a critical opportunity for your DUI lawyer to present evidence and arguments to prevent or minimize the suspension of your driver’s license.

Key Factors at the DMV Hearing

Several key factors come into play during a DMV hearing for a DUI in Denver:

  • Blood Alcohol Content (BAC) Test: The results of your BAC test, whether a breathalyzer or a blood test, will be a central focus. Your Denver DUI attorney may challenge the accuracy or validity of the test results if there are reasonable grounds to do so.
  • Probable Cause: Your lawyer may question whether law enforcement had a valid reason to stop your vehicle and arrest you for DUI. Any violations of your constitutional rights during the arrest can be raised as an issue at the DMV hearing.
  • Officer’s Conduct: Your DUI lawyer may cross-examine the arresting officer to highlight any inconsistencies or discrepancies in their testimony. Any misconduct or errors during the arrest can be brought to light.
  • Administrative Procedures: Your attorney may scrutinize the administrative procedures followed during your arrest. Any deviations from the proper protocols can be used to argue against suspending your driver’s license.
  • Witness Testimony: Your DUI lawyer may present witnesses, such as experts or individuals present at the time of your arrest, to provide testimony supporting your case and challenging the suspension.

The Outcome of the DMV Hearing

After the hearing, the DMV hearing officer will decide on the suspension of your driver’s license. There are three possible outcomes:

  • License Suspension Upheld: If the DMV hearing officer determines valid reasons for your license suspension, it will be upheld. In this case, you may face a period of license suspension, and your DUI attorney will continue to fight for your rights in the criminal court.
  • License Suspension Reduced: In some cases, the DMV hearing officer may reduce the length of your license suspension based on the evidence presented. This can be a favorable outcome, allowing you to regain your driving privileges sooner.
  • License Suspension Overturned: The most favorable outcome is when the DMV hearing officer finds in your favor, overturning the license suspension entirely. This means you can retain your driving privileges without interruption.

Knowing and Protecting Your Driving Privileges After a DUI Arrest

A DMV hearing for a DUI in Denver is a crucial step in the legal process, and it’s vital to approach it with a well-prepared Denver criminal DUI attorney by your side. With their expertise, you can challenge the suspension of your driver’s license and work toward a more favorable outcome.

If you or someone you know is facing a DUI charge in Denver, don’t hesitate to contact the Law Offices of Steven J. Pisani for expert legal guidance and representation. Remember, your driving privileges are worth fighting for.


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