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. It is important to ensure the DMV has your correct and current address on file to ensure you do not miss this notice.
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. Most DUI defense attorneys prefer the officer not be requested so they can review the express consent packet prior to deciding whether or not to file a motion requesting permission to subpoena the officer for the hearing.
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.
In Colorado, the law permits self-defense, but only under specific conditions. What begins as a self-protection claim can easily spiral into a criminal charge if the facts are misread or misrepresented. That’s why understanding how self-defense is treated under Colorado law can be the key to protecting your freedom.
At the Law Office of Kimberly Diego, we’ve represented clients in cases where force was used for one reason only: survival.
If you or a loved one is facing a challenging situation regarding the Colorado Red Flag Law, you may be feeling overwhelmed and unsure of where to turn for help. The Colorado Red Flag Law allows for the temporary seizure of firearms from individuals who pose a danger to themselves or others. This delicate legal matter requires a strong and experienced defense.
When carrying the weight of a criminal record, it doesn’t just sit in the background. It shows up in places that matter – job applications, apartment hunting, and even volunteer opportunities. If you’ve served your sentence, completed probation, or had your case dismissed, it’s fair to wonder whether Colorado allows you to clear the slate. The answer is yes, but not always – and not without strategy.
