Your license can be revoked for more than one reason in Colorado, including driving without insurance and driving under the influence. This is often one of the most severe consequences of dealing with an offense–how can you keep your job when you’re going to struggle to get to work? Who will take your kids to school or your family members to appointments?
A DMV hearing is where your driver’s license revocation is decided. It’s less formal than a court case, but the outcome here can be just as important to you as any criminal proceedings. You can also appeal if you do not agree with the decision at the hearing, so either way, contact a DUI lawyer if you are going to have or have just had a hearing at the DMV.
How the hearing will go
A DMV hearing is administrative, so it’s less formal than a court hearing. It can be held in person or over the phone. You will meet with a hearing officer, and they will explain the reason for the hearing. You may ask the officer questions, but they are not allowed to give you any legal advice.
If your license is being revoked because you will not comply with alcohol or drug testing and you requested that the arresting officer be at the hearing, they will testify. At this time, you will be able to question–or cross examine–the arresting officer. You can also present evidence, including witnesses, and testify yourself, but keep in mind that you are not required to testify.
At the hearing, you can have a lawyer in Denver, CO represents you. Since you are not entitled to an attorney in this setting, you do have to get your attorney on your own. The attorney can cast some doubt on elements of your alleged infraction and ask for other measures, such as a conditional restoration of your ability to legally drive.
Whatever your situation, be aware that you have to ask for your hearing within seven days of receiving notice by the DMV that action will be taken against your license. It’s important to take action as soon as you can and find an attorney to represent you at the hearing.
If the DMV doesn’t rule in your favor and you want to fight the decision, you do have the right to file an appeal. This appeal has to be filed in the district court of the county where you live and within 35 days of your hearing.
During your appeal, the judge will take a look at the transcript of your hearing and decide whether the officer applied the law correctly. This is not another hearing; if the judge finds the officer correctly applied the law, they cannot overrule that decision.
The outcome of your DMV hearing will impact your ability to drive now and for some time to come. However, since you don’t have much time to prepare for the hearing, it’s important that you begin getting your case ready as soon as possible.
Thanks to Richard J. Banta, PC for their insight into criminal law and a DUI in Colorado.