Express Consent Hearing
If you are charged with a DUI or DWAI, you are facing two separate and distinct types of proceeding:
- Criminal DUI or DWAI charges, for which you will appear in court;
- A Department of Motor Vehicles administrative per se hearing (APS), which applies only to whether or not your driver’s license will be suspended. You must request a hearing within 7 days or lose your right to be heard. Your license will automatically then be revoked.
The sole purpose of the hearing is to determine if the police officer had a valid legal reason to stop you and to arrest you, and whether the test used to measure your blood alcohol content was sufficiently reliable to warrant suspension of your license. If you refused the test, it will also be determined whether the police officer properly advised you of the law before you declined to be tested.
Hire A Colorado Springs DMV Attorney Before Your Hearing
You may be told that you do not need an attorney at your DMV administrative hearing since it is totally unrelated to the criminal drunk driving charge and has no bearing on whether or not you’ll be convicted of DUI or DWAI. While this is technically true, the loss of your driver’s license can be a devastating blow that can interfere with your employment and every other aspect of your life. Having a skilled attorney who is intimately familiar with the law can make a tremendous difference in whether or not you’ll be able to keep all or part of your driving privileges. Colorado Springs criminal defense attorney Steven Rodemer is a top choice for quality DUI/DWAI representation at your DMV hearing and in court, as well as for point suspension and probationary license hearings. Call him immediately if you’ve been arrested or cited.
When you are arrested or cited, the police officer should give you an Express Consent Affidavit and Notice of Revocation. You will now have a Temporary Driver’s License, good for the next 7 days only. Within that 7 day period, Steve will request a hearing with the DMV, which will extend your temporary license until the date the hearing is scheduled. This could take up to 60 days.
Steve will investigate the circumstances of your arrest with an eye to uncovering any deviations from the proper procedure or possible malfunctions of testing equipment that could invalidate the arrest and save your license and will make appropriate arguments at your hearing.
If you took the blood or breath test and everything was done by the book, you are facing a 90-day suspension of your license. In this case, Steve will argue for a lesser period—30 days—of full suspension, and then 6 months of restricted driving, which will allow you to get to and from work. This is an area where having an attorney advocating for you can be especially beneficial, as this option is not automatic and must be skillfully negotiated.
Point Suspension Hearings
If you have accumulated a certain number of points on your license within a specified period, your license can be suspended. Point suspensions are based on DMV records which can be inaccurate. Having an attorney representing you can be beneficial in demonstrating errors and can help minimize the negative consequences of a suspension by arguing for a provisional license that will allow you to continue working.
Provisional Driver’s License Hearings
A provisional driver’s license is one that allows you to drive for limited purposes during a suspension of your license. You will usually be restricted to driving to and from work or performing work-related duties. Provisional driver’s license hearings can result in your retaining partial driving privileges during a suspension for points or non-payment of child support. You can lose a provisional license if you are caught driving outside of your stated restriction or if you get any traffic ticket during the provisional period.
Don’t Face A DMV Hearing Alone
The loss of your driving privileges can throw your life into a tailspin. Don’t go into a DMV hearing alone. Take your lawyer to advocate for the best outcome for you. Call the Colorado Springs Rodemer | Kane. for the experienced professional help you need.