The most important time period in your DUI defense is the first seven days after your arrest.
One of the things that happens in those first few days is your opportunity to request a license suspension hearing. Experienced Denver DUI defense attorneys do not overlook the DMV hearing, and the opportunity that it provides to enhance your defense.
Your driver license can be suspended if you refuse to provide a breath or blood sample under Colorado’s express consent law. When you applied for your driver license, you automatically gave consent for authorities to take a chemical sample upon reasonable demand.
The DMV hearing
The DMV hearing process is very unfavorable. The DMV hearing is not technically a criminal matter, so you have very few constitutional rights. You can even be called as a witness against yourself. The DMV hearing officer is not a judge, and probably not even a lawyer. In fact, the hearing officer is a paid DMV employee who serves as both prosecutor and judge.
All that being said, there are a number of good things that can happen at that hearing, and it is a serious mistake to waive the hearing or appear at the hearing without an attorney:
- The hearing may be conducted by telephone in some cases, meaning that you do not have to miss a day of work.
There is no risk. The worst thing that can happen is that the hearing officer
suspends your license for the statutory period, which would have happened
anyway. If you have nothing to lose, there is no reason not to request
- The hearing officer may find in your favor.
- The hearing officer may throw out the matter on a technicality.
- If the hearing officer finds that there is not enough evidence to suspend your license, the prosecutor is going to have a hard time proving a DUI or DWAI.
- The DMV hearing serves as an opportunity to question the police officer under oath. Instead of paying hundreds of dollars to depose the officer, your attorney can essentially take the officer’s deposition for free.
Do not overlook the DMV suspension hearing. Get a head start on a successful defense. Contact The Orr Law Firm for a free consultation with a DUI defense attorney.