Denver DMV Hearing Attorneys
What Is Colorado's Express Consent DUI Law?
Colorado's express consent law states that by obtaining a state driver's license and operating a motor vehicle, you are automatically giving what is known as "express consent." In other words, you are giving permission to undergo a chemical test should you be pulled over for suspicion of DUI or DWAI.
You Only Have 7 Days to Save Your License After a DUI Arrest
After a DUI arrest in Denver or Colorado, you only have seven days to request a hearing with the DMV to challenge the suspension of your driver's license. This is known as an “express consent” hearing, which is separate from the criminal proceedings for your DUI or DWAI charge. Rather, it is an administrative process where a DMV hearing officer will decide whether or not to revoke or suspend your driving privileges.
If you do not request an express consent hearing within seven days of your arrest, the state will automatically suspend your license, and you will lose the chance to challenge the action. Don’t just accept these consequences; contact a Denver DMV hearing lawyer at Fife Luneau, P.C. to discuss your options. Our firm will fight to save your driving privileges, so please don't wait to give us a call.
Call (720) 408-7130 or contact us online to request your FREE consultation with our proven DMV hearing attorneys in Denver & Colorado!
How Long Will My Driver's License Be Suspended?
The DMV can apply the following penalties to your license:
- DWAI offense: 8 points on your driving record (no automatic suspension)
- First DUI offense: 9-month suspension and 12 points on your record
- Second DUI offense: 1-year suspension and 12 points on your record
- Third DUI offense: 2-year suspension and 12 points on your record
- First underage DUI offense: 3-month suspension and 4 points on your record
- Second underage DUI offense: 6-month suspension and 4 points on your record
- Third underage DUI offense: 1-year suspension and 4 points on your record
- First chemical test refusal: 1-year driver's license suspension
- Second chemical test refusal: 2-year driver's license suspension
- Third chemical test refusal: 3-year driver's license suspension
The blood alcohol content (BAC) limit is 0.05% for DWAI and 0.08% for DUI. For those under 21, the BAC limit is 0.02%. These penalties are in addition to any criminal sentencing that may be handed down. By requesting a DMV hearing in Denver, you may be able to minimize or avoid these administrative penalties.
What You Should Know About Colorado DMV Hearings
Driver’s license hearings are more informal than court proceedings. In fact, these hearings can even be conducted over the phone. However, having a DMV attorney at your hearing is still critical. It is the only way to ensure you have the best possible chance of maintaining your driving privileges.
Even if the DMV hearing is unlikely to be successful, it could still benefit your criminal case. During a DMV hearing, your attorney would have the opportunity to cross-examine the arresting officer under oath, which means they could use this testimony as part of your defense in your criminal case.
You May Have the Option for Early Reinstatement
If your license is suspended after a DUI or DWAI arrest, you may be eligible for early reinstatement if you install an ignition interlock device (IID) in your vehicle. You must have served part of your suspension, be at least 21 years old, and have satisfied all other requirements for reinstatement of your license.
Choose Fife Luneau, P.C. to Get Started on Your Defense
We take great pride in standing on the side of the accused in the Colorado justice system. We are available for our clients 24/7 and have won numerous awards for our work. Put our combined 30 years of experience to work for you at your DMV hearing and DUI trial. Take a stand for your driving privileges. You deserve a hearing, and we’ll be there for you. Call Fife Luneau, P.C./ today to get started.
Contact our DMV hearing lawyers in Denver, CO for a FREE evaluation of your case by calling (720) 408-7130.
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Will my license be suspended if I am arrested for DUI?When you have been charged with driving under the influence, the DMV will begin the license suspension process. Depending on the circumstances of your arrest, you can face a suspension of up to five years. Challenging a license suspension requires you to request a DMV hearing within seven days of you being pulled over. The results of this trial may be a probationary license that allows you to keep driving or the installation of an interlock ignition device that will allow you to drive only after you have proven your sobriety.
How are DUI and DWAI offenses different?
DUI, or driving under the influence, is usually charges as a misdemeanor that arises when you blood alcohol content is .08% or above. Driving while ability impaired, or DWAI, is an infraction when your BAC is higher than .05 but less than .08. DUI offenses carry more serious charges, including up to a year in jail, $1,000 in fines, and community service. A DWAI conviction will result in up to 180 days in jail, $200 in fines, and up to 48 hours of community service. Our Denver DUI lawyers can challenge the results of breath and blood tests and have a successful record in many cases.
Can’t I just accept the consequences of an arrest and move on?
It can be incredibly stressful to face a first offense but accepting your conviction will not simply allow you to move on. When you have a criminal record, many avenues become barred for you, including some professional licenses, the ability to join the military, and having other rights that are granted to citizens. At Fife Luneau, P.C., our Denver criminal defense attorneys work hard to fight for you and your record.