One of the unfortunate consequences of a DUI arrest is the fact that you are likely to have your driving privileges suspended or revoked. While a probationary driver license may be available to you in some circumstances, it is not an option in other cases. Consulting an experienced Denver DUI attorney to take immediate action on your behalf can make all of the difference in your case in terms of your ability to your drive.
If a police officer gives you a copy of an Affidavit and Notice of Revocation or an Affidavit and Notice of Suspension, which usually occurs in the context of a DUI arrest, then you will need to immediately go to your local Division of Motor Vehicles (DMV) and request a hearing in writing. You must request a hearing within seven days of your arrest. If you don’t request a hearing at the DMV within seven days, then your driver’s license automatically will be revoked.
Once you request a hearing in writing, the DMV must hold the hearing within 60 days. If you didn’t surrender your driver’s license when you were arrested, you will have to surrender it to the DMV in order to get a temporary driving permit.
You can appear at an administrative DMV hearing in person or by phone. Generally, appearing in person is preferable, especially if you are accompanied by an attorney. An administrative hearing is more informal in its proceedings than appearing in a courtroom. A hearing officer runs the hearing. In some types of cases, the police officer who arrested you will appear and testify about the events that occurred at the time of your arrest that led to you receiving a Notice of Revocation or Suspension of your license.
Appearing at an administrative hearing by yourself can be stressful and downright scary. The hearing officer cannot provide you with legal advice about your case, so if you have questions about your legal rights, there will be no one to answer those questions. Since the hearing concerns your ability to drive, you are better off if you have the help of a Colorado drunk driving lawyer to help guide you through the proceedings. A qualified DUI lawyer can not only help with your criminal charges, but also with these administrative proceedings that will directly affect your ability to drive.
Once the hearing officer makes a decision in your case, it is the DMV’s final decision. Therefore, your only option at this point is to appeal the decision to your local county district court. In order to do so, you will have order to a copy of the hearing transcript, and file the appropriate paperwork with the court. This can be a complex process, so enlisting the help of an attorney also can be helpful in this situation.
The Tiftickjian Law Firm has handled hundreds of DUI charges in the state of Colorado, and an equivalent number of administrative hearings before the DMV. Don’t try to wade through the complexity of DUI charges on your own. Call our office today and learn about your rights, your options, and the potential consequences that you may face.