Grand Junction DMV Hearing Attorneys
Driving is a privilege in Colorado, and the State reserves the right to revoke your driver’s license if it believes you are a danger to others. The most common reason for the Department of Revenue’s Division of Motor Vehicles (DMV) to revoke a license is because a person has been charged with an impaired driving offense, such as DUI (driving under the influence) or DUID (driving under the influence of drugs).
When you receive a “Notice of Revocation,” you have the right to request an Express Consent hearing with the DMV. This hearing will allow you to contest the State’s decision to revoke your driving privileges. While the hearing does not take place in court, the proceedings are similar to a court hearing: you will have the right to state your case and cross-examine the arresting officer and any witnesses.
Unless you’re an attorney licensed to practice in Colorado, you should have an experienced Grand Junction DUI defense lawyer to represent you at the hearing, just as you would in court. Peters & Nolan, LLC, has been successfully representing clients at Express Consent hearings for over two decades. We’ll put our skills and knowledge to work on your case. For a free consultation, call us at (970) 243-4357.
You will get your Notice of Revocation either at the time of your arrest or in the mail. If you take a breath test and are shown to have a blood alcohol concentration (BAC) of .08 or higher, the arresting officer will confiscate your driver’s license and issue you a Notice of Revocation. Your Notice of Revocation will serve as your de facto driver’s license for seven calendar days. The same thing will happen if you refuse to take a breath test or give a blood sample.
If you do supply the police with a blood sample, you will keep your license while the blood sample is sent away to be tested. If the test results show that your BAC at the time of arrest was .08 or higher, you will be sent your Notice of Revocation in the mail. Your Notice of Revocation will serve as your license for 10 days from the postmarked date of the letter. The Notice will be sent to the address on your driver’s license, and it’s important to note that the post office will not forward it if you have moved.
During the seven-day period following your receipt of the Notice of Revocation, you can request your Express Consent hearing. If you gave a blood sample and receive your notice in the mail, you have 10 days from the postmarked date of the letter to request your hearing. After the seventh or 10th day, your driver’s license will automatically be suspended and you can no longer request the hearing.
To request the hearing, you’ll need to physically bring your Notice of Revocation to any full-service branch of the DMV and fill out the appropriate paperwork.
At your Express Consent hearing, the DMV hearing officer will consider the following in determining whether your license will be revoked:
- If there was probable cause to stop your vehicle.
- If there was probable cause to make the arrest.
- If the blood or breath sample was taken from you legally.
- If the blood or breath test was accurate.
- If the arresting officer properly advised you of the law.
If the hearing officer confirms that all criteria are met, and your BAC was over .08, your license will be immediately suspended.
If your BAC was less than .08 but over .05, your charges will be reduced to a DWAI (driving while ability impaired). While a DWAI will not get your license revoked, it will count as eight points on your driving record. For drivers over the age of 21, accumulating 12 points in a 12-month period, or 18 points in a 24-month period, is grounds for driver’s license suspension.
If your license is suspended, you can ask the hearing officer for a probationary license. The officer will consider how high your BAC was, whether this is your first offense, if you cooperated with law enforcement, and how important driving is to your employment. Remember, your Express Consent Hearing has nothing to do with the criminal action you face; you’ll still have to appear before a judge on your impaired driving charge.
As you can see, a lot is at stake at your Express Consent Hearing. To get the best outcome possible, it is essential to have an experienced DUI defense lawyer on your side. Let Peters & Nolan, LLC, carry the burden of your hearing for you. Call (970) 243-4357 today for a free case evaluation.
- Charges: DMV refusal revocation hearing
∗ Result: Won, client kept license
- Charges: DMV appeal
∗ Result: DMV overturned-license returned to client
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∗ Not all criminal cases are the same. These results are from actual cases handled by the attorneys at Peters & Nolan, LLC. This is not a representation, guarantee or promise as to the results or outcome of your particular matter.
Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.