The first couple of days following a driving under the influence (DUI) arrest is crucial. Immediately following an arrest, it is best to retain the services of a knowledgeable DUI attorney. Jenn and Justie at Nicol Gersch Law could help make sure that your rights are protected, and you do not face any unnecessary consequences such as license revocation.
One of the most important steps a person should take within the first seven days of receiving a DUI is to request a Division of Motor Vehicles (DMV) hearing. This is only true if the individual took a breath test or refused chemical testing. If a person took a blood test, this requirement does not apply. For a breath test or refusal, if the individual does not request a hearing within the seven days, their license will be revoked.
It is important to take action and request the DMV hearing within seven days. To do that, one needs to go to the DMV in person to request an Express Consent Hearing. The DMV has the person fill out the forms, and they set a date for the hearing.
After one requests a formal review hearing, they should check their mail every day because the DMV communicates via mail. The Department will send the person documentation informing them of the date of their hearing.
A person’s driver’s license is not revoked for the first seven days following an arrest. They have seven days to request the DMV hearing. If they do not request a hearing within the seven days, their driver’s license is revoked. When the individual requests a hearing, they get a temporary permit that gives them temporary privileges to drive until their hearing.
Within the last few years, it is easier for someone to get their driver’s license back. If they do a breath test or a blood test, they can get their license back with an interlock restricted device after 30 days of no driving. When an individual refuses testing, they may get their license back after 60 days with no driving and interlock restricted. The privileges are helpful for somebody who wants to get their license back quickly. They do not have to wait a full year to have their driver’s license reinstated.
An individual can challenge the suspension of their license in Colorado Front Range by going to a hearing or having an attorney acting on their behalf to have an opportunity to challenge the suspension.
The hearing process to dispute a license suspension in Colorado Front Range begins with the individual making a request for a hearing within the seven-day period following their arrest. The DMV gives the person a temporary permit to drive until their hearing is scheduled. They mail the individual their hearing date. The hearing officer determines whether their license to drive is revoked on that date.
If someone decides to not contest the suspension of their driver’s license, it is suspended for a year with opportunities to reinstate with interlock restricted privileges.
When someone loses the hearing, after 30 days of no driving, they can obtain a restricted interlocked type of license. They do that by setting up an interlock appointment, having the device installed on their vehicle, and bringing proof of that to the DMV.
An individual may go to the DMV to obtain an identification card in Colorado Front Range. They need to bring valid proof of the following:
The hearing takes place in front of a hearing officer. The police officer who arrested the individual is present and has an opportunity to ask questions. The person may present their side of the case if they choose to do so.
The hearing officer makes a determination by a preponderance of the evidence as to whether or not the individual was lawfully contacted by police, was lawfully arrested by police, and whether or not they refused testing, or whether or not the BAC was over 0.08. Based on the information, the hearing officer makes a determination about the revocation of the person’s driver’s license. When someone loses their hearing, they lose their license for a specified period of time.
Following an arrest for driving under the influence, seek help from an experienced defense attorney. Justie and Jenn at Nicol Gersch help you figure out your next steps following a DUI arrest. They could advocate on your behalf and help you avoid the harsh consequences of a conviction. Do not try to handle your case alone. We can help. Call today to learn about the importance of the seven days following a DUI arrest.