Under State Law, Driving is a Privilege – Not a Right
Throughout the United States, driving is treated as a privilege—rather than a right. This means that a law enforcement officer would have the right to confiscate your driver's license if they suspect that you have been driving under the influence of drugs or alcohol. You do not have to be convicted of a DUI offense in order for the license suspension to go into effect. In fact, this is a separate matter entirely. Once you have been arrested for DUI in Colorado Springs, or anywhere else in Colorado, two different cases are opened: a civil case and a criminal case. Neither one will have any bearing on the other.
You Only Have 7 Days to Save Your Driver's License
Once your license has been confiscated by a law enforcement officer, you will only have seven days to schedule a hearing with the Colorado Department of Revenue's Division of Motor Vehicles (DMV). At this point, a hearing must be initially scheduled within 60 days. Once you have requested a hearing, you should receive notice of the hearing within three weeks—which will include a date and time.
If your driver's license was valid at the time that you were stopped for drunk driving, you may be eligible for a temporary license. This would allow you to drive until the hearing. If you lose at the DMV hearing, however, you would be prohibited from driving at all until the period of suspension has expired. Depending on the circumstances of your DUI case, this could be a period of 90 days or longer.
Challenging the License Suspension at Your DMV Hearing
When you schedule a driver's license suspension hearing with the DMV, the burden will be on you and your lawyer to prove that the suspension is invalid or illegal for one or more reasons.
Your Colorado DUI attorney may contest the suspension by proving that:
- The officer did not have probable cause to make a traffic stop
- The results of your breath or blood test were not accurately obtained
- The officer did not have probable cause to administer a chemical test
- Your breath or blood test did not show a BAC of .08% or greater
- You were not informed of the penalties for refusing a chemical test
If the arresting officer is present at your DMV hearing, it will also be a good chance for your lawyer to obtain critical evidence or testimony that can be used to your benefit at the criminal trial.
Will I need to hire an attorney for my DMV hearing?
Challenging the suspension of your driver's license is no easy task. In fact, it will take a Colorado DUI lawyer with experience to launch a successful defense strategy on your behalf. Fortunately, you will find just that when you work with Geoff Heim, Attorney, LLC. Not only have I been handling all manner of DUI cases for the last 15 years, but I have successfully represented hundreds of clients in that time. I have also worked as a former prosecutor, which means that I know how the other side operates. Don't put your future in the hands of an inexperienced lawyer – come to my firm for the help you need.
Entrust your DUI case to a top-rated attorney. Contact Geoff Heim, Attorney, LLC at (719) 722-3254 for a free consult or take advantage of a complimentary case review online!