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DMV 101: DUI Hearing Request and COVID-19 Eye-opening Rules

Posted by Colin on December 18th, 2020
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You just got a DUI and need a DUI lawyer. What do you do with the DMV? We write our blogs based on the phone calls we receive, and the problems People are running into. Essentially, when people call us for help with the same question over and over, it is time to write a blog with the answers to help. You are essentially writing our blogs for us.

1. HOW do I request a DMV Express Hearing for my DUI?

To request an Express Consent Hearing, you must do so in person at a DMV office. Due to recent Covid-19 and technology changes, you may also request a hearing in writing via US mail or email. Please direct your request to the Express Consent Unit at dor_hearingrequest@state.co.us; please do not mail the Hearings Division. This could result in a delay in processing your request because the Hearings Division cannot process this request.

After the hearing request is approved by DMV, the Hearings Division will schedule the hearing and assign a Hearing Officer to conduct the hearing.

2. WHAT do I put in my DMV request?

When you first request a hearing, you will be asked whether you want the officer who signed your Express Consent Affidavit to be present for the hearing. It is up to you if you want the officer to appear and testify. Generally, the answer is YES, but please consult an attorney right away for the specifics on your case and speak or Greg Huckaby or M. Colin Bresee for your specifics at 303.377.0100.

3. Length of Restraint Eligible For Probationary Driver License for over 21 DUI? Early Reinstatement?

On the first offense in a lifetime, it is typically a 9 month revocation. You are NOT eligible for a probationary driver’s license. You may be eligible for early reinstatement with an interlock after 1 month.

On the second offense in a lifetime, it is typically a 12-month revocation. You are NOT eligible for a probationary driver’s license. You may be eligible for early reinstatement with an interlock after 1 month.

On the third offense or more in a lifetime, it is typically a 24-month revocation. You are NOT eligible for a probationary driver’s license. You may be eligible for early reinstatement with an interlock after 1 month.

DMV
DMV requests may have time limits you must know!

Limited Time for DMV request!

These times can vary greatly depending upon your particular results if the priors were in Colorado if you refused any tests, and your particular breath or blood test results.

You must remember that after a DUI arrest or allegation you MAY have a limited time to request a DMV hearing. If you do not request your Hearing within the allotted time you may be agreeing to lose your license. Please do not make this common mistake. As a lawyer it is frustrating to Greg and I when a client calls us AFTER they have already missed the deadline.

Please take the time to help us

Please contact a lawyer to discuss your unique case and circumstances. Please remember to bring up all of your facts and circumstances. These details may prove very important later. A good thing to do after you have a chance to decompress is to write down all the details you remember. The literally who/what/when/where and why. Sometimes the details can be very important. The details of where you came from have allowed us to pull video camera from intersections to help prove and get your case dismissed. I has happened. Please just take the time to write it out and these little details may grow into a huge win later down the road on your case. Thanks


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Categories

  • Controlled Substances
  • Criminal Law
  • Deregister as a Criminal Offender
  • DMV
  • Domestic Violence
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  • DUI Law
  • DUI Marijuana
  • Everyday Law
  • Petition to Seal your Criminal Record
  • Probation
  • Restraining Order
  • Sealing a Criminal Record
  • Sexual Offenses
  • Testimony
  • Uncategorized
  • CONTACT US FOR A
    FREE CONSULTATION

  • This field is for validation purposes and should be left unchanged.

Criminal Defense Practice Areas:

  • DUI/Traffic Charges
  • Sex Offenses
  • Internet Crimes
  • Domestic Violence
  • Assault/Criminal Mischief
  • Drug Cases
  • Child Abuse
  • Theft
  • Appeals
  • Probation Violations

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