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.
Even though certain drugs in Colorado are considered legal recreationally, such as marijuana, that doesn’t mean the state doesn’t prosecute drug crimes. In fact, in Colorado, it is still illegal to sell, possess, use, or manufacture many controlled substances.
Still, there are some circumstances under which a person who is found guilty of a drug crime for the first time can escape a jail sentence.
Vehicle theft is on the rise in Colorado, which means that your chances of being charged with it rise in tandem with the crime rate.
According to the Denver Post, the first quarter of 2021 saw a 114 percent increase in the rate of auto theft compared to the previous year. That’s a significant increase – one the local authorities are trying their best to manage.
There are many types of relationships that people may see as unacceptable – but many of them are not illegal.
However, anyone in a position of trust who has a sexual relationship with a child is not only participating in something unacceptable but against the law as well. And it happens more than you may think.
A girls’ basketball coach from a Colorado Springs high school is facing charges of
