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DMV Hearing


Your ability to drive is a privilege most people take for granted, until they lose the privilege to drive. Losing your license is often the most devastating and impactful part of a DUI process for many people. You might lose your ability to work, or make it to essential appointments.

In a DUI or drunk driving case, there are two separate processes that need to be handled. First, the Court process. This is initiated by filing charges or issuing a summons to someone who has been accused of drunk driving. Read more about the DUI criminal process in Colorado. The second process is the DMV process. It is incredibly important to remember that if your BAC (breath or blood alcohol content) was above a .08 the DMV will also start an action against you.

The DMV action is different from a criminal prosecution. It is an administrative action held by the Department of Revenue at a Department of Motor Vehicles Office (DMV). The hearing is presided over by a hearing officer who will determine if your license should be revoked based on driving with an alcohol level above the legal limit.

If the hearing officer finds the necessary requirements, your license will be revoked for a period of time. Typically, on a first time DUI, you will lose your license for 30 days followed by a period of interlock device on your vehicle.

Starting January 1, 2014, if your blood alcohol level is .08 or greater but below a .15 you driving privileges will be revoked for 30 days followed by 8 months of interlock.

If you have a BAC of .150 or above you are looking at a revocation of 30 days followed by two years of interlock driving!

The law is different for multiple DUI actions and for refusals to cooperate with chemical testing. In Colorado, we have a law known as “express consent” – this means by driving on Colorado roads, you already expressly consent to give a test of your breath or blood when a law enforcement officer has probable cause to believe you were drinking and driving.

If you refuse to give a sample of your bodily fluids or comply with chemical testing, the DMV can revoke your license. In 2013 and earlier, a refusal was deemed to be a one year loss of license. However, the DMV is moving towards placing more people on the interlock system, and starting January 1, 2014, even refusals will be eligible for the interlock after 2 months. They will, however, be required to carry the interlock for 2 years.

People that are facing a second or greater DUI also face an extended period of interlock driving.

Before January 1st, 2014 a second or more DUI hearing required a suspension of 1 year with no driving. As of 2014, the new law allows for multiple DUI offenders to get their license back after 2 months, but they are also required to carry an interlock device for two years. Keep in mind, multiple DUI offenses can also lead to an HTO, or habitual traffic offender revocation.

Many people face a suspension or revocation action at some point in their life. Suspensions or revocations can also occur when a person is over on points allowed, has failed to carry insurance, failed to pay child support or has a warrant out for their arrest.

Call to speak with an experienced lawyer to learn more about your situation and what kind of suspension or revocation you may be facing in your case through the DMV. Your driver’s license is one of your most important possessions, don’t lose it without a fight.