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DUI DMV Hearing

When a driver is accused of drinking and driving,  DUI,  with either a blood test  or breath test that shows a BAC of .08 or higher (.02 for a minor driver) or the driver refuses to complete a chemical test, the DMV then begins the process to revoke the driver’s license.   The officer will forward notice of revocation, a copy of the driver’s temporary permit and the driver’s license to DMV.  The DMV will then send a letter to the driver’s last known address informing the accused that his/her driver’s license is being revoked for driving under the influence (DUI) or refusing to submit to a test.  The letter also informs the accused that a hearing regarding the revocation may be requested, and if so, he or she must contact DMV, in writing, within 7 days to set up an administrative hearing to determine whether or not DMV will revoke the license of the driver accused of driving drunk.  The person accused of driving drunk may hire an attorney or lawyer.  When a person elects to hire legal counsel, that person needs to be sure that the attorney or lawyer is familiar with the DUI laws.

 

If the driver fails to request an administrative hearing within 7 days of the DMV notice to revoke based on a blood, breath or urine sample, the hearing is deemed waived and the driver’s license is revoked.  The revocation normally is for nine months, but this can be shorter or longer in many circumstances.

 

If the driver requests the hearing may also request, in writing, that the officer be subpoenaed to appear at the hearing.  The DMV will notify the driver of the date of the DMV hearing.

 

At the hearing the driver must surrender his/her driver’s before the hearing begins.  The burden is on the State of Colorado to show that the driver was in control of the motor vehicle and that the driver was driving drunk.  If the hearing officer believes that the State of Colorado has proved that the driver was in control of the motor vehicle and under the influence by a preponderance of the evidence, the DMV will revoke the driver’s license.

 

A driver may appeal the department’s decision within 30 days after the department’s final determination by filing a petition for judicial review.  The District Court will not hear any additional testimony when reviewing the DMV’s decision.  The court may only reverse the DMV’s decision if it finds that the DMV exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary or capricious manner or if the DMV’s determination is unsupported by the evidence in the record.

 

The DMV may grant a restricted driver’s license after the mandatory revocation period has been satisfied.  A driver becomes qualified to reinstate their driver’s license if they have served all of the time that was required under their period of restraint for all of their restraint actions.  DMV will reinstate a driving privilege if all of the reinstatement requirements are met and the driver’s driving privilege is not under restraint for any other reason.  Reinstatement requirements vary depending on the age of the driver, the reason for revocation and how many prior violations have occurred in the past.  Once the driver becomes eligible for a driver’s license, the DMV will send the driver a “Letter of Clearance” which advises the driver they are now able to obtain an unrestricted driver’s license.

Law Offices of Clifton Black, P.C.