If you have been charged with a DUI in Colorado, you may be wondering what will happen to your license. In most circumstances, the penalties that affect your license can seem more severe than the penalties from the DUI case. So let’s discuss how you can fight to keep your license.
Deadline for Requesting a Hearing following your Colorado DUI:
The first thing that needs to be done in your case is to request an administrative hearing. If you do not request an administrative hearing, your license will be automatically revoked 7 days after you receive the notice of revocation.
Typically, you wil receive the notice of revocation from the officer after you take the breath test. Because you will receive your notice of license revocation from the officer, you will have seven days following the arrest to request your hearing.
If you took a blood test, then you will receive your notice of revocation in the mail. The notice will be sent to the last registered mailing address on your license. As such, you should make sure that the DMV has your most recent mailing address. When you receive the notice in the mail, there will be a deadline on the mail letting you know when you must request the hearing. You will need to request the hearing by this date.
If you fail to request a hearing by the deadline, you may request a hearing by showing that you were not actually notified of the deadline or that you were physically incapable of making a timely request.
How to Request a License Revocation Hearing for your Colorado DUI:
To request the Administrative Hearing, you will need to notify the DMV that you are requesting a hearing. You can notify the DMV:
1) by going to the DMV in person;
2) by mailing a letter to the DMV requesting a hearing; or
3) by having an attorney file a request for hearing.
If you go to the DMV in person, they will take your license away from you and issue you a temporary permit that is valid until the date of the hearing. Normally, your license will be taken away by the officer if you took a breath test or refused to take a test. If you took a blood test, you will need to go to the DMV to surrender your license.
If you do not surrender your license, you will not be granted a temporary permit and your license will be revoked while you are waiting for your License Revocation Hearing. Naturally, if you win your revocation hearing, your license will be reinstated.
Should the Officer be Present at the Revocation Hearing?
When you request the hearing, you will have the opportunity to request the officer’s presence at the hearing. If the officer does not show up and did not previously ask for a continuance, you will win your administrative case and keep your license. If you do not request the officer’s presence, then your case will not be automatically dismissed if the officer fails to appear. Naturally, you want to give yourself as many options as possible to win your case.
But there are situations where you do not want to request the officer’s presence. For example, if the officer did not sign the charging documents for your Colorado DUI, then you can get your adminstrative hearing dismissed by showing the administrative officer that the documents are flawed. You should talk with your attorney to determine whether there are any flaws in the charging documents that would get your administrative case dismissed. At these hearings, if there is a flaw in the documents, and the officer is present, the administrative officer will generally give the officer an opportunity to correct the documents and your case will not be dismissed.
You should also keep in mind that your attorney can request the officer’s presence before the hearing even if you did not request the officer to be present. Because you will not know whether your attorney will want the officer to be present at your hearing, prior to looking at the charging documents, it is best not to request the officer’s presence when initially requesting your hearing. Then, after your attorney looks at all of the documents, he can decide whether to request the officer’s presence himself. This strategy will give you the maximum number of opportunities to get your administrative case dismissed.
Naturally, if your attorney recommends a different strategy, based on the specific facts of your case, then you should carefully consider your attorney’s advice before deciding how to proceed in your case.
In the Next Article, I will discuss what happens at the License Revocation Hearing
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.