Millions of people visit Colorado every year, and millions more live there permanently. Inevitably, many people find themselves facing drunk driving charges in our state. Some people do not realize that, when charged with DUI, the Colorado Department of Motor Vehicles (DMV) holds an entirely separate proceeding to determine whether to suspend your driver’s license.
However, the DMV hearing in Colorado does not affect the criminal proceedings arising from the DUI charges. Even though the DMV hearing only impacts your driving privileges, you can still bring an attorney to represent your interests.
But you must request such a hearing. If you do not request a hearing within a certain period after your DUI arrest, you can lose your right to be heard and the DMV will decide without your input.
An experienced Boulder DUI attorney at The Ferrell Law Firm, PLLC, can accompany you to your DMV hearing and build a strategy to help you keep your driving privileges.
What Is a DMV Hearing?
A DMV hearing is an administrative proceeding where the presiding judge determines whether or not to suspend or revoke your driver’s license. The license revocation process is completely separate from the criminal process.
If you get arrested for drunk driving, the arresting officer will confiscate your driver’s license at the scene. You then have seven days to request a DMV hearing where you can fight to keep your driving privileges intact. Although the DMV hearing is administrative in nature, as opposed to criminal, you can still hire an attorney to present arguments and try to persuade the hearing officer to allow you to keep your license.
Is a DMV Hearing Like a Criminal Trial?
A DMV hearing is quite different from a criminal proceeding. In a DMV hearing, the standard for the burden of proof is a preponderance of the evidence. This is a relatively low burden that essentially means that what you present is more likely true than not. So, essentially, you must prove your case by 51% or more. Conversely, the prosecutor in a criminal trial must prove your guilt beyond a reasonable doubt—a far higher standard of proof.
Additionally, DMV hearings are subject to the Colorado Rules of Administrative Procedure, which are typically more relaxed than rules of criminal procedure. The Colorado Rules of Evidence are also usually relaxed in DMV hearings.
The DMV hearing happens relatively quickly after a DUI arrest. A full-scale criminal trial can take more than a year to occur after your arrest. Additionally, a DMV hearing officer presides over several cases in a single day, while one criminal trial can last multiple days or even weeks in some particularly complex cases.
Strategies for Winning a DMV Hearing in Colorado
To win a DMV DUI hearing, demonstrate that you were not impaired by substances or argue procedural errors, such as improper traffic stops or incorrect field sobriety or breath test administration.
Some people do not bother requesting a DMV hearing. However, it is always worth requesting a hearing to try to keep your driving privileges while your criminal case is ongoing. The DMV hearing officer is looking for proof of one of the following:
- You refused to take a chemical test when an officer had probable cause to suspect you committed an alcohol or drug-related offense; or
- You were operating a vehicle with a blood or breath alcohol content of .08% or higher.
A defense attorney can present an argument at your hearing to convince the DMV hearing officer not to revoke your license. Potential defenses available include:
- Someone else was operating the vehicle;
- The officer did not read your express consent rights;
- The arresting officer lacked reasonable suspicion to make the initial traffic stop;
- Law enforcement conducted the chemical test more than two hours after your arrest; or
- Your blood or breath sample was collected incorrectly or tampered with.
As a former prosecutor, Mike Ferrell knows what legal defenses can disprove the elements of a drunk driving accusation.
How to Prepare for a DMV Hearing in Colorado
To prepare for your Colorado DMV hearing, follow these steps:
- Gather Evidence Early: Collect any documents, witness statements, or other evidence that supports your case well in advance. The Colorado DMV is strict about deadlines, and extensions are rarely granted.
- Understand the Issues: Review the specific issues being addressed at your hearing, such as license suspension or traffic violations. Be ready to explain your side clearly to the Hearing Officer.
- Prepare Your Statement: Practice explaining your defense. Be concise, factual, and focus on key points related to the case. Avoid emotional appeals as the Hearing Officer will focus on legal and factual matters.
- Bring Important Documents: Ensure you bring all necessary paperwork, such as your driving record, accident reports, and proof of any corrective actions (like completing a DUI program).
- Know the Legal Process: Research Colorado DMV laws and hearing procedures to better understand what to expect. If possible, consult an attorney specializing in traffic law for guidance.
- Arrive on Time: Punctuality is crucial. Arrive early to review your materials and settle any last-minute nerves.
What Happens If I Do Not Request a DMV Hearing?
If you do not request a hearing, the DMV will suspend your driver’s license automatically after a DUI arrest. The length of your license suspension varies based on whether you have prior drunk driving convictions. The maximum suspension periods are:
- First DUI conviction—nine months;
- Second DUI conviction—one year; and
- Third DUI conviction—two years.
The suspension periods slightly change if you refuse to submit to a blood or breath test in violation of Colorado’s express consent law. Those suspension periods are:
- First refusal—one year;
- Second refusal—two years; and
- Third refusal—three years.
In some cases, you can install an ignition interlock device (IID) on your vehicle to get your driver’s license reinstated early. An IID is a portable breathalyzer that connects to your car’s ignition system. You must blow a clean breath sample into the IID to start the ignition. If the breath sample contains any trace of alcohol, the vehicle will not start.
By installing an IID, you can apply for the early reinstatement of your driving privileges 30 days after a DUI arrest and 60 days after a refusal arrest.
Contact The Ferrell Law Firm, PLLC, to Consult with a Defense Lawyer About Your DMV Hearing in Colorado
A DUI arrest can result in criminal penalties, and it can also result in other consequences that affect your future employment opportunities and constitutional rights. One looming penalty after you get arrested for DUI is getting your driver’s license revoked.
The Ferrell Law Firm, PLLC, is committed to fighting tirelessly from the outset of your case to secure a favorable outcome. Contact our office today to talk to an experienced DUI lawyer.
Frequently Asked Questions
What Are the Penalties for a First DUI Conviction in Colorado?
The penalties for a first DUI conviction can include the following:
- Between five days and one year in jail;
- A fine of up to $1,000;
- Mandatory substance abuse classes; and
- Up to 96 hours of community service.
A first DUI conviction is a misdemeanor.
What Are the Penalties for a Second DUI Conviction in Colorado?
The penalties for a second DUI conviction can include the following:
- Between 10 days and one year in jail;
- A fine of up to $1,500;
- Mandatory substance abuse education courses;
- At least two years of probation;
- Installation of an ignition interlock device for up to two years; and
- Up to 120 hours of community service.
The penalties for a DUI charge increase for each subsequent conviction.
Michael, founder of The Ferrell Law Firm, PLLC, specializes in criminal defense and personal injury law. With a background in substance abuse treatment, he brings empathy and understanding to his legal practice. A former Deputy District Attorney in Arapahoe County, Michael has extensive experience prosecuting a wide range of criminal cases, including DUIs and domestic violence. His law degree from the University of Denver Sturm College of Law, combined with his hands-on experience in criminal law, positions him as a knowledgeable and effective advocate for his clients’ rights.
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