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.
If your partner called the police during an argument and now wants the case dropped, you may assume the two of you can simply explain that to the court and move on. In Colorado, domestic violence cases do not work that way. Once police make an arrest or prosecutors file charges, the case belongs to the state, not the person who made the original report.
When someone is charged with a crime in Colorado, one of the first questions that matters is whether the offense is a felony or a misdemeanor. The difference affects where the case is handled, the possible jail or prison sentence, the amount of fines, and the long-term consequences of a conviction.
In general, misdemeanors are less serious offenses that are usually punishable by county jail time, probation, fines, or other
A bail or bond hearing in Colorado is one of the first major court appearances after a criminal arrest. It determines whether a person will remain in custody while their case moves forward or be released under specific conditions. Although it happens early in the process, the decisions made at this stage can influence the entire direction of the case.
In most situations, this hearing occurs within hours or days
