The DMV and the Court are separate entities, however, both have serious consequences. When a person is arrested for DUI or DWAI in Colorado, they have 7 days to request a DMV hearing if they took a breath test, or refused to take a chemical test. If a blood test was taken, the results may take longer to arrive. The DMV will be notified of the blood test results, (often before the client is notified), and will send the client a letter allowing them to request their hearing. The hearing must be requested within 10 days of the time the letter was mailed, or it will not take place.
It is entirely possible for a DUI offender to win a criminal case but still face license suspension, or vice versa. However, a successful DMV hearing can greatly improve the chances of obtaining a favorable outcome in criminal court, as it gives the DUI attorney the opportunity to cross-examine law enforcement officials who are under oath. In doing so, the DUI attorney is able to discover new and potentially useful details about the case.
In the state of Colorado, DMV hearings are typically far less formal than criminal hearings. Although these hearings are often held in person, they occasionally take place over the phone. Regardless of whether the hearing involves an in-person visit or a phone call, a hearing officer is always assigned. This individual is allowed to answer general questions about the reason for the hearing, but cannot offer legal advice. Instead, a lawyer may be called upon to provide guidance through not only the DMV hearing but also for any criminal proceedings that may follow. Because DMV hearings are administrative in nature, there is no right to an attorney. Nonetheless, legal counsel is strongly advised for those who face possible license suspension.
Jennifer Watkins is passionate about helping her clients avoid both criminal penalties and license suspension. Her aggressive approach proves useful in criminal and DMV court. Additionally, clients greatly appreciate her compassionate legal counsel.
If you have been accused of driving under the influence of alcohol, it is imperative that you request a hearing as soon as possible. It is also in your best interest to get in touch with a trusted attorney such as Jennifer Watkins. One of Colorado’s most respected DUI lawyers, Jennifer Watkins will work hard to protect your driving privileges.