In the state of Colorado, any driver charged with an alcohol-related offense will face potential administrative disciplinary action from the DMV, Department of Motor Vehicles. While the scale of these repercussions can vary, it's important to get ahead of your charges while you still have time to gather evidence and prepare to defend your case. You may also need to request an express consent hearing to address your charges before you lose your license.
To figure out the best way to protect your license, make sure you know what to expect as you prepare for a DMV hearing.
The Express Consent Hearing
By right, drivers charged with DUI may request a DMV hearing to fight for their right to drive. At this hearing, the individual facing charges will have an opportunity to produce evidence defending their case. The DMV has the authority to suspend or revoke the driver’s license, so it is crucial to put your best foot forward and prepare for the hearing beforehand so you know what to expect.
Seeking counsel and legal representation before your hearing is the best thing you can do to ensure your rights are protected, however, there are several other steps you can take to improve the chances of a successful hearing.
A DMV hearing can be helpful in several ways, including:
There’s nothing to lose.
The DMV hearing is separate from criminal court, so the worse they can do is suspend your license. If you had skipped the hearing, your license would have been suspended anyway, so there is truly nothing to lose by holding a hearing, but there’s everything to gain.
It can help you keep your driver’s license.
In the best case scenario, you will use the hearing as an opportunity to prove your innocence, either by undermining the officer’s testimony or by debunking the evidence that incriminates you. Whatever the case, a successful hearing with the DMV could end with you retaining full rights to your driver’s license.
The hearing could lead to a dismissal of all charges.
If your attorney is able to show the officials that there is no evidence to warrant the charges laid against you, the DMV hearing could result in a dismissal of your case. While this is uncommon, it is definitely possible in certain cases.
Your attorney can take this opportunity to take the officer’s deposition.
Normally, your attorney would need to pay to take the officer’s deposition. However, because the officer will need to speak in the hearing, this gives your attorney a chance to take their deposition ahead of time.
To make sure you get the most out of your DMV hearing, you need to work with an experienced attorney who knows how to handle cases like yours. At Orr Law Firm, our team knows precisely how to handle DMV cases involving DUI charges, and we can help defend your rights.
Contact Orr Law Firm today to get in touch with our attorneys. We’re here for you.