How to Handle Your Colorado Springs DMV Hearing
If you have been arrested for driving under the influence of alcohol (DUI) or driving while your ability is impaired (DWAI), one of your primary concerns will most likely be the revocation of your driving privileges.
Under Colorado law, the DMV has the authority to revoke your license in the case of a DUI/DWAI conviction. But many people don’t know that the DMV can actually suspend your license prior to a conviction in certain circumstances. It’s important to understand the law and to act swiftly in order to mount the best possible defense and keep your license.
License suspension or revocation, technically known as Express Consent (EC) license revocation in Colorado, traditionally follows conviction for alcohol-impaired or drunk driving. However, under Colorado’s administrative license suspension (ALS) laws, licenses can be confiscated and automatically suspended independent of criminal proceedings if a driver either.
- Refuses to submit to chemical testing (including blood, breath, or urine), or
- Submits to testing with results indicating a blood alcohol content of 0.08% or higher.
The EC revocation process is complicated. Many drivers do not realize how important it is, because it is a separate proceeding from the criminal charges they may be faced with. People are understandably frightened by the prospect of jail time, and less worried about the EC proceedings. However, this hearing can play an integral role in your criminal defense.
The EC revocation begins after a driver’s breath or blood alcohol level meets or exceeds 0.08%. You will be sent a notice and you must respond by requesting a hearing at the DMV. It is imperative that you respond to this notice promptly. The Colorado Springs office is located at 2447 Union Boulevard.
An important decision is whether or not to request that the DUI officer be present at your DMV hearing. On consultation with your attorney, you may want to obtain and serve a subpoena depending on the circumstances of your case. The DMV has a standard process for doing so. It might also be necessary to retest your blood sample. If so, this has to be coordinated with the arresting agency.
If your hearing is scheduled to be by phone, all the paperwork must be submitted to the DMV beforehand.
It is important to consult with an attorney before the EC revocation for a number of reasons. First, an experienced DUI attorney will help gain you a temporary driving permit for use prior to the hearing. When a petition is properly filed, a temporary driving permit is almost always granted.
An experienced DUI attorney will also advise you on how to successfully contest your license suspension, and offer a strategy for how to win your formal review hearing. But even if you lose your initial EC revocation hearing, a knowledgeable attorney will use this process to begin building your defense or create leverage for a strong plea bargain.
At The Bussey Law Firm, P.C. our experienced legal team understands the importance of holding the police accountable and making sure they followed all of the correct procedures at every stage of your arrest, from the initial traffic stop to the administration of implied consent warnings.
The sooner you begin these proceedings, the better your chances of securing a successful outcome. With decades of Colorado Springs criminal defense experience, The Bussey Law Firm, P.C., has the experience, resources, and connections to confidently provide the guidance clients require. Contact us today at (719) 475-2555 to schedule a free consultation.
- Understanding the Colorado DMV’s Role in Drunk Driving Charges
- Alcohol DUI - Colorado Division of Motor Vehicles