When you are arrested for a DUI in Colorado, the consequences can be severe, and one of the immediate repercussions is the suspension of your driver’s license. This suspension may seem automatic and unchangeable, but in many cases, you can fight it. The first and most important thing to know is that you can request a hearing with the Colorado Department of Revenue (CDOR) to challenge the suspension of your license. If done correctly and in a timely manner, this hearing could be your best chance to keep your driving privileges or reduce the length of the suspension. Understanding the process and how to take the right steps is critical for anyone facing a DUI in Colorado.
How Does a DUI Suspension Occur in Colorado? 
Under Colorado law, a DUI suspension happens after you are arrested for driving under the influence and fail or refuse a chemical test (breath, blood, or urine). If you fail the test by registering a Blood Alcohol Concentration (BAC) of .08% or higher, or if you refuse to take the test, your driver’s license will be suspended. The length of this suspension depends on a few factors:
- First Offense: Typically, your license will be suspended for 9 months if you fail or refuse a chemical test for the first time.
- Subsequent Offenses: If you have been arrested for a DUI before, the suspension period will increase.
- Refusal of Testing: If you refuse to take a chemical test, you may face an automatic one-year suspension, which could be extended in certain cases.
In any case, a DUI arrest triggers an automatic suspension, but it does not mean you have no recourse. Requesting a hearing is the most effective way to contest the suspension and ensure that you have the opportunity to present your case before a hearing officer.
Requesting a DMV Hearing After a DUI Arrest
Once arrested for DUI, the clock starts ticking. In Colorado, you have only seven days from the date of your arrest or the date you received the notice of suspension to request a hearing. This request is critical because failing to do so will result in your suspension going into effect without the chance of appeal.
Here are the steps you need to take to request a hearing:
- Complete the Request for Hearing Form: This form is available through the Colorado Department of Revenue. You can either complete it online or in person.
- Submit the Form on Time: You must submit the request within seven days of the arrest. Missing this window means the suspension will automatically take effect.
- Pay the Hearing Fee: There is a small fee associated with the hearing request, typically around $15. This fee must be paid at the time of submission.
- Submit the Form to the Right Location: You can submit the form to your local CDOR office or online, depending on the availability of services in your area.
It’s also advisable to keep a copy of the form and proof of submission for your records. If you have any doubts about the process, you may want to seek the help of an experienced DUI lawyer in Colorado who can guide you through the steps and ensure that your request is submitted on time.
What to Expect at the DMV Hearing
Once you’ve successfully requested a hearing, it’s time to prepare for the hearing itself. A DMV hearing is not a court trial. It is an administrative proceeding where the hearing officer reviews the evidence surrounding your case, including whether the arresting officer followed proper protocol during your arrest and whether you were properly informed of your rights. This is not a place to argue the details of your guilt or innocence regarding the DUI offense itself, but rather, to address whether your license should be suspended.
Here’s what you can expect at the hearing:
- Presentation of Evidence: You or your attorney will be able to present evidence related to your case. This might include information regarding the legality of the traffic stop, whether the officer followed proper procedures when administering the sobriety test, or any errors in the process that could invalidate the suspension.
- Officer Testimony: The arresting officer may be called to testify. They will explain why they pulled you over and describe the circumstances surrounding your arrest, including how the chemical test was administered.
- Cross-Examination: You will have the opportunity to cross-examine the officer, which could include questioning their procedures or challenging the accuracy of the evidence presented.
- Witness Testimony: If you have witnesses who can testify on your behalf, they may be allowed to speak. This could include anyone who was with you at the time of the arrest or people who can speak to your character and driving record.
- The Decision: The hearing officer will review all the evidence and make a determination. If the officer finds that the suspension is justified, they may uphold the suspension or impose a different penalty. However, if there is sufficient evidence that the arrest was improper or the process was flawed, the suspension could be reduced or even overturned.
It’s important to be fully prepared for the hearing and to present your case clearly and concisely. Having legal representation can significantly improve your chances of success.
What Happens If the Hearing Officer Rules Against You?
If the hearing officer determines that your license should be suspended, you still have options. While the decision may be disappointing, it’s not necessarily the end of the road. In some cases, you can file an appeal with a district court. The appeal must be filed within 30 days of the hearing decision, and this can potentially delay the suspension while the case is reviewed.
Additionally, even if the suspension is upheld, you may be eligible for a restricted license. A restricted license allows you to drive for specific purposes, such as going to work or school, during your suspension period. Eligibility for a restricted license varies, so it’s important to check the specific requirements in your case.
How a DUI Lawyer Can Help
Navigating the complexities of a DUI suspension and DMV hearing can be difficult, and many people struggle to get the results they want without the help of an attorney. A skilled DUI lawyer will not only help you meet all the necessary deadlines and request the hearing on time, but they can also represent you during the hearing, present evidence on your behalf, and argue your case before the hearing officer. Additionally, a lawyer can help you understand the consequences of a DUI conviction and explore all available options for keeping your license.
At Hebets & McCallin P.C., we specialize in DUI defense and helping individuals get the best possible outcome in their DMV hearings. Our team of experienced lawyers can guide you through the entire process, from the initial arrest to the final decision. If you are facing a DUI suspension in Colorado, contact us today for a consultation. We are here to fight for your driving privileges.
Disclaimer:
This content is for informational purposes only and does not constitute legal advice. For assistance with your specific case, consult a qualified attorney.
