You just got a DUI. You need a DUI lawyer. You have no idea what you need to do with the DMV. You have been to the DMV website and nowhere does it tell you how to request a DMV Hearing and what it is for. We agree! We have been on the DMV Website and after 30 years of criminal defense experience what they write is confusing to someone looking for answers. They have no customer service and will not answer the questions you need to be answered after spending 2 hours on hold.
We write our blogs based on the phone calls we receive, and the real-world problems that YOU are running into. We are here to HELP you! 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 in control of writing our blogs for us.
You have 2 separate and legal actions right now: COURT AND DMV
A. COURT – this is the summons you received. You will go in front of a Judge and face legal consequences that may include:
- fines,
- costs,
- probation,
- community service,
- a Level II Alcohol Education,
- a Level II Alcohol Therapy, and
- JAIL
B. DMV – the DMV will take your driving privilege and require you to jump through hoops to get it back. Read on to protect your rights. Here is the DMV video explaining the difference. https://noduicolorado.org/
1. HOW do I request a DMV Express Hearing for my DUI?
To request an Express Consent Hearing, you must do so ONLINE at the link: https://mydmv.colorado.gov/_/#1
You will need to complete a series of pages. To better help here is the fake screenshot of us pretending I was making this request with my name and office address.
Make certain that you are selecting the hearing request of: EXPRESS CONSENT AFFIDAVIT AND NOTICE OF REVOCATION
Greg Huckaby and M. Colin Bresee STRONGLY ENCOURAGE YOU to consult with a lawyer before making a decision to request the officer or not.
2. DO I REQUEST THE OFFICER BE PRESENT?
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. This can be the difference between losing your license or not in some cases.
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.
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 me when a client calls us AFTER they have already missed the deadline.
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 cameras from intersections to help prove and get your case dismissed. It 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.
This is not legal advice. You must schedule a time to meet with a licensed attorney to obtain legal advice. Thanks
