Colorado DMV Hearing Attorney

DUI Charges and the DMV – Protecting Your Legal Right to Drive

After an arrest for DUI, you have two different issues to address – defending against the DUI charges and protecting your legal right to drive. Any DUI offense in Colorado involves a revocation of your right to operate a vehicle. The DMV is the agency that manages driver’s license revocations.

What is Express Consent License Revocation?

“Express Consent” (EC) license revocation is typically issued at the time of the arrest. If a person accused of DUI driving refuses a breath or blood test or registers over 0.08% BAC, the arresting officer will give the accused two documents:

Notice of License Revocation and Express Consent Affidavit
Notice to Appear

This process occurs because drivers in the state are considered to have given “express consent” to submitting to a breath or blood test if law enforcement believes they may be driving under the influence.

License Suspension and DMV Hearings in Colorado

If your license is confiscated and automatically suspended, it is not a minor matter. The license revocation must be responded to quickly and correctly if you hope to retain the right to operate a vehicle in the state. At Welsh Law, LLC, we offer legal counsel to address both aspects of a DUI charge – your DUI defense case, and scheduling and representing you at the DMV hearing. We have an exceptional level of experience in assisting our clients to have their driving privileges restored by contesting the suspension. We can petition for a temporary driving permit while the DUI case moves through the system, along with several other options that could allow you to continue to legally drive.

How Long is the License Suspension?

Driver’s license suspensions in Colorado are as follows:

First time DUI – 9 months license suspension
Second DUI – 1 year license suspension
Third or more DUI – 2 years license suspension

The DMV Hearing and Your Driving Privileges

Once you have received the EC affidavit and your license is confiscated, the clock is ticking. You have only seven days to request a DMV hearing (also called an “Express Consent hearing”). While awaiting the hearing, you may be allowed to drive with a special temporary permit, which can be arranged with the assistance of the DUI defense attorney at Welsh Law, LLC.

The hearing is a separate legal matter than the defense against the criminal charge of DUI and is strictly related to whether you should be allowed to continue to legally drive a vehicle. The issues that are considered at a DMV hearing are whether you were above the limit or refused DUI testing.

Can My Driving Privileges be Restored at a DMV Hearing?

Every case has unique facts. Being charged with DUI is a frightening and worrisome legal issue, and must be managed carefully, with the assistance of an attorney that has extensive experience and knowledge regarding the administration of BAC and blood testing, field sobriety testing, and your constitutional rights regarding police stops. Law enforcement must have “probable cause” to pull you over. BAC testing equipment must be properly maintained and calibrated. During the DMV hearing, your attorney can submit evidence, call witnesses, and examine the arresting officer.

Why Choose Welsh Law, LLC?

If you are accused of driving under the influence, you face the risk of jail time, fines, and losing your right to drive. When you are represented by Welsh Law, LLC, our DUI defense lawyer will manage both sides of your case, defending the criminal charges and scheduling and representing you at a DMV hearing. We have extensive experience with DMV hearings and what must be presented to achieve victory, and the other options that could allow you to continue to drive.