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Colorado Criminal Defense Blog

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If you find yourself in the position of having your license revoked, then you may want to request a DMV hearing.

This isn’t an occurrence that many people are familiar with, but it can be the difference between you having your license suspended or not.

Here’s what you need to know about the five types of DMV hearings available through Colorado’s Department of Motor Vehicles and why you may need each of them to help resolve specific legal issues.

Colorado’s Department of Motor Vehicle Hearings

You can request a hearing through the DMV when there is an action that is going to be taken against your license. These hearings concern the following five different areas:

  • Alcohol- and drug-related offenses
  • Interlock ignition devices
  • Auto insurance
  • Loss of driving privileges
  • Point suspensions

Learn more about each of these hearing types below.

Alcohol- and Drug-Related Offenses

If you’ve been pulled over for a drug-related or alcohol-related driving offense, then the police officer may issue you a Notice of Revocation or Express Consent Affidavit. The DMV can issue these notices as well.

If you are convicted of an offense related to alcohol, then the DMV can also take other actions against your driver’s license. The DMV will notify you of any planned actions by mail.

An experienced attorney can help you with an Express Consent Revocation Hearing. These hearings center around whether or not you operated a vehicle while your blood-alcohol level was 0.08 percent or higher or if you refused to take a breath or blood alcohol test at the scene.

Interlock Ignition Devices

For those with licenses restricted by interlock ignition devices, additional action can be faced in certain reported situations.

If the interlock provider reports to the DMV that your device was interrupted or prevented from normal operation during three out of the last 12 months with a blood alcohol level of 0.025 percent or higher is one of them.

When the DMV has proof that you have circumvented the device for any reason, you may also face additional actions.

Auto Insurance

Anytime you are caught driving without insurance, your driving privileges can be revoked. Should this occur, there are situations in which you can request a hearing.

Consult with an attorney to see if these situations apply to you and you can request a hearing through the DMV.

Loss of Driving Privileges

You can lose your driving privileges for a variety of reasons. If you plead guilty to aggravated motor theft, for example, then the court will let the DMV known and you will have your license revoked for up to one year.

Other reasons you may lose your driving privileges include:

  • Due to mental of physical ability
  • Denial of license due to suspension in another state
  • Caught driving under a suspension or revocation of your license
  • Failure to appear in court or pay citations
  • Using a vehicle in the commission of a felony
  • Being a habitual traffic offender
  • Being found guilty of vehicular assault or vehicular homicide

Not all of these situations allow you to have a hearing through the DMV. Check with your attorney to find out what your options are.

Point Suspensions

Denver Traffic Violations Lawyer

When you’re pulled over and receive traffic tickets, points are added to your driver’s license. After you reach a certain level of points, then you can have your license suspended.

The points categories differ by age. Below is a quick bullet list of the point breakout you can expect by age.

  • Anyone who receives six or more points within a 12-month period or seven points total while under age 18 can have their license suspended.
  • For drivers between ages 18 and 21, nine points within a 12-month period, 12 points within 24 months, or 14 or more points between ages 18 and 21 can result in a license suspension.
  • For adults over 21, 12 points within 12 months or 18 points within 24 months can lead to a suspension.

 

About the Author:

Kimberly Diego is a criminal defense attorney in Denver practicing at The Law Office of Kimberly Diego. She obtained her undergraduate degree from Georgetown University and her law degree at the University of Colorado. She was named one of Super Lawyers’ “Rising Stars of 2012 & 2019” and a “Top 100 Trial Lawyers in Colorado” for 2012-2020 by The National Trial Lawyers. Both honors are limited to a small percentage of practicing attorneys in each state.  Additionally, Expertise names her to its lists of the 25 Best Denver DUI Lawyers and 21 Best Denver Criminal Defense Lawyers, both in 2020. Ms. Diego has also been recognized for her work in domestic violence cases.

 

 

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