DMV Administrative Hearings After a DUI in Colorado Springs

After a DUI arrest, drivers face two distinct types of charges. First, criminal charges are processed through the judicial system and can result in penalties like fines, jail time, or community service. Second, drivers also encounter administrative charges imposed by the Department of Motor Vehicles (DMV).

Christian A. Schwaner, P.C., a Colorado Springs DUI attorney, provides personalized services to every client. When you contact our law offices, you can be sure you won’t be passed on to a legal assistant. Instead, former prosecutor Christian Schwaner will handle your case from start to finish.

Whether you need assistance fighting DUI charges or facing the administrative process that follows to avoid driver’s license suspension, don’t let a DUI charge define your future. Contact us today for a free consultation.

Administrative Hearing Vs. Criminal Trial

An administrative hearing is a civil proceeding conducted by the DMV, focused solely on your driving privileges. The DMV will decide whether to suspend your driver’s license based on the circumstances of your arrest.

On the other hand, a criminal trial is a legal proceeding where the state seeks to prove your guilt beyond a reasonable doubt. A trial conviction can lead to penalties such as fines, jail time, probation, and mandatory alcohol education programs.

While both proceedings carry significant consequences, they are independent of each other. This means that even if you’re acquitted of DUI charges, you could still lose your driving privileges through the administrative process.

Understanding a DMV Hearing

A DMV hearing is an administrative procedure where the circumstances of your arrest are reviewed. The hearing officer considers factors such as whether there was reasonable suspicion for the traffic stop, probable cause for arrest, and whether you were properly advised of the consequences of refusing or failing a chemical test.

It’s important to note that this is not a criminal case; it’s an administrative process focused solely on your driving privileges. The standard of proof is lower, which means it can be easier for the DMV to suspend your license.

Despite its administrative nature, DMV hearings are an opportunity to present evidence and arguments that could help you retain your driver’s license. Experienced legal representation increases your chances of keeping your driving privileges.

7 Days to Act After a DUI Arrest

Drivers have only seven days after an arrest in Colorado to request DMV hearings. If you fail to request a hearing within this period, your driver’s license will be automatically suspended. The length of the suspension varies depending on the circumstances of your arrest and your previous driving record.

This seven-day window is crucial. It’s not just about retaining your driving privileges; it’s also an opportunity to gather valuable evidence for your criminal case. At Colorado DUI administrative hearings, the arresting officers testify about the circumstances of the arrests, and a DUI attorney can cross-examine them and offer rebuttal evidence.

Rescheduling a DMV Hearing

While it’s important to act quickly after being pulled over and charged with a DUI, there may be circumstances where you need to reschedule your DMV hearing. However, rescheduling is not guaranteed and is at the hearing officer’s discretion. If you need to reschedule, it’s advisable to have an experienced DUI attorney handle this process for you.

Remember, time is of the essence when facing DUI charges in Colorado. Contact attorney Christian Schwaner immediately after your arrest for a free consultation. We can help you navigate administrative and criminal processes and fight for the best possible outcome.

DUI Lawyer Present at my DMV Hearing

While having a lawyer present at your DMV administrative hearing is not mandatory, it’s highly recommended. DMV hearings are more than just an administrative process; they’re an opportunity to gather evidence that could be crucial in your criminal trial.

A skilled DUI attorney can cross-examine the arresting officer and challenge their testimony. They could also present evidence and arguments to help you retain your driving privileges.

DMV Hearing Appeals

If the outcome of your DMV hearing is unfavorable and your license is suspended, you can file an appeal within 30 days of the decision. An appeal is a request for a higher authority to review the decision of the Colorado DMV hearing officer. However, appealing DMV hearings can be complex, and it’s crucial to have a DUI attorney guide you through it.

It’s important to note that filing an appeal does not automatically stay (or delay) the suspension of your driver’s license. A separate request must be made for a stay, and whether to grant it is at the discretion of the DMV. Additionally, you can request an audio transcript from the Colorado DMV hearing, which will then need to be transcribed for review by the judge.

Note that an appeal is not a second chance to present your case. The appellate court will not consider new evidence or reevaluate the credibility of witnesses. Instead, they review the record of the DMV hearing to determine if there were any errors in applying the law or if the decision was unsupported by the evidence.

Criminal DUI Charges

Facing DUI charges can be overwhelming. The consequences of a conviction are serious and can impact your life long after you’ve served any penalties. It’s crucial to have an experienced DUI attorney on your side who can help you navigate the administrative and criminal processes.

As a former prosecutor, Christian Schwaner has unique insights into how the prosecution builds its case and how to challenge it. We will fight tirelessly to protect your rights and work towards achieving the best possible outcome for your situation.

Losing a DMV hearing and winning the criminal case is possible. Similarly, one can lose the criminal case and still prevail at the DMV hearing.

Defense strategies for DUI charges in Colorado can be diverse and can involve:

• Challenging the legality of a traffic stop
• Questioning the accuracy of breath and blood test results
• Disputing any illegal search activities

Contact Us for a Free Consultation

If you’re facing DUI charges, Christian Schwaner is your go-to criminal defense attorney. We provide the aggressive defense you need and offer a free consultation to discuss your case and explore your options for DMV hearings and criminal defense. Contact us today to discuss your options.

Frequently Asked Questions

What happens at the DMV hearing in Colorado?

At a DMV hearing for DUI in Colorado, a hearing officer will evaluate evidence and arguments before determining whether to revoke your license. The proceedings may take less than half an hour.

How do you get a DUI dismissed in Colorado?

There are multiple ways to get a DUI dismissed in Colorado, such as challenging the lack of reasonable suspicion or probable cause of arrest or contesting any inaccuracies in field sobriety tests or blood/breath test results. Hiring a DUI attorney is essential to help you fight these charges.

Do you lose your license immediately after a DUI in Colorado?

In Colorado, a refusal to take a blood, breath, or alcohol test after being pulled over for suspicion of drunk driving immediately suspends your driving privileges. You have seven days from receiving notice to request a hearing, which can determine for how long your license is revoked.

What’s the difference between a DMV administrative hearing and a criminal trial?

A DMV hearing focuses on suspending or revoking driving privileges, while a criminal trial determines guilt and imposes criminal penalties.

How soon do I need to request a DMV hearing after being charged with a DUI?

You must request a DMV hearing within seven days of your DUI arrest to avoid automatic license suspension.