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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 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 us today at (720) 408-7130 for your FREE consultation.

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, 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 an attorney at your DMV 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.

  • DUI Acquittal Acquitted of All Charges
  • DUI, DWAI, Careless Driving Dismissed
  • DUI, DWAI Not Guilty
  • DUI, DWAI, Reckless Driving Hung Jury
  • DUI Pled to Reckless Driving
  • DWAI Deferred Judgment
  • DWAI Deferred Judgment
  • DUI, DWAI Not Guilty
  • DUI, DWAI, Careless Driving Dismissed
  • DUI, DWAI Dismissed

Client Testimonials

Read What People Have to Say About Us
  • Mr. Fife is eloquent and defends his clients with exquisite insight

    “Mr. Charlie Fife is not only an Attorney at Law, but an astute anthropologist. He studies and understands human behavior. Mistake(s) are what human beings make and then they need guidance, counsel, ...”

    - Anonymous
  • An exceptional lawyer with a superior grasp of DUI law, did an absolutely fantastic job in every aspect .

    “Danny Luneau is an exceptional lawyer with a superior grasp of DUI law. He has great communication skills, and he always kept in contact with me in a timely manner throughout my case. This was very ...”

    - Anonymous
  • An attorney that knows how to win and will not give up. Couldn’t be happier!

    “If you have a problem and need an attorney that knows how to win and will not give up, this is your man. When everything looked to be going for the prosecution, multiple extensions past speedy trial, ...”

    - Bill Barnett
  • Did a great job for me and got me off with probation and community service and one year DL suspension.

    “Did a great job for me and got me off with probation and community service and one year DL suspension. Have recommended him to others for similar cases. He is experienced and has also been on the ...”

    - Anonymous
  • Top notch! No one better!

    “Top notch! No one better!”

    - Mark A. Wolf


Call our office at (720) 408-7130 to schedule your free consultation.
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