While a DUI citation initiates a criminal proceeding against you, it also initiates an administrative proceeding against you in the DMV. However, a blood alcohol level below 0.08 will not result in this type of revocation.
If you chose and failed a breath test, or if you refused a chemical test, you have seven days from being ticketed to request a hearing regarding the suspension of your driving privileges. If you chose a blood test, you will need to wait until you receive a letter in the mail from the DMV to request your hearing. When you request your hearing, you will need to decide whether or not to request the officer’s presence. If you request the officer’s presence and he does not appear, then you will win your hearing. However, if you request his presence and he does appear, he will testify regarding the stop and his observations following the stop. Whether or not to request the presence of an officer is a decision you should make after consulting with an attorney. At your hearing, the hearing officer will give you or your attorney an opportunity to make legal arguments. What defenses are available to you will depend on the particular facts and circumstances of your case. However, some possible defenses include:
No reasonable grounds for stop
Grounds for stop evaporated prior to cop finding out anything incriminating
No probable cause to require testing
You were not the driver or were not in “actual physical control” of the vehicle
Missing documents
It cannot be established that the chemical test was administered within 2 hours
Scheduling errors
Police misunderstanding the difference between Deficient Sample and invalid sample or invalid test
Drinking after driving concluded
Retest of enormous variance, even if higher
Mouth Alcohol contamination
Issues relating to noncompliance with the board of health regulations.
If you have been charged with a DUI or DWAI and are looking for representation at your DMV hearing call Kimberly now at (720) 257-5346 for a FREE 45 min consultation.
Shoplifting is a prevalent crime in Colorado with serious legal consequences. Understanding the laws and consequences of shoplifting can help individuals navigate the legal landscape more effectively. In this blog, we will explore the intricacies of shoplifting laws in Colorado, including the threshold for felony charges, potential civil consequences, and the importance of seeking representation from a criminal defense lawyer.
Being accused of assault can be a daunting experience, especially when facing interactions with law enforcement. It’s crucial to understand your rights and know how to protect yourself during these encounters. In Colorado, individuals accused of assault have legal protections that they should be aware of to ensure their rights are safeguarded. This blog aims to provide guidance for individuals navigating interactions with law enforcement while accused of assault, highlighting
Being falsely accused of sexual harassment in the workplace can be a devastating experience, with profound implications for your reputation, career, and personal well-being. If you find yourself in this situation, knowing how to respond effectively while protecting your rights and preserving your defense is essential. Understanding the steps to take can help you confidently navigate this challenging situation.
Understanding False Accusations:
False accusations of sexual harassment can arise for