One of the most immediate concerns my clients face after a DUI arrest in Colorado is the threat of losing their drivers license. As the lead attorney at Christian A. Schwaner, P.C., I have helped countless individuals navigate the DMV hearing process and fight to keep their driving privileges. In this article, I want to explain exactly how the license suspension process works in Colorado and how a skilled DUI lawyer can make a significant difference in your case.
Understanding the Two Separate Cases After a DUI Arrest
What many people do not realize is that a DUI arrest in Colorado triggers two completely separate legal proceedings. The first is the criminal case handled in court, where you face potential jail time, fines, and other penalties. The second is an administrative case with the Colorado Department of Motor Vehicles (DMV) that determines whether your license will be suspended.
These two cases operate independently of each other. You could win your criminal case and still lose your license through the DMV, or you could keep your license through the DMV process but still be convicted in criminal court. This is why having an experienced Colorado Springs DUI attorney who understands both processes is essential.
The Critical 7-Day Deadline for Your DMV Hearing
After a DUI arrest in Colorado, you have exactly 7 days to request a DMV hearing to contest your license suspension. If you miss this deadline, your license will be automatically suspended, and you will lose the opportunity to challenge the suspension before it takes effect.
When you are arrested for DUI in Colorado Springs, law enforcement will typically confiscate your license and issue you a temporary permit. This permit is only valid for a limited time. The clock starts ticking immediately, which is why I always advise people to contact a DUI lawyer as soon as possible after their arrest.
What Happens at a Colorado DMV Hearing
The DMV hearing is an administrative proceeding, not a criminal trial, but it is still a formal legal process with significant consequences. At this hearing, the DMV will examine specific issues related to your arrest:
For Alcohol-Related DUIs: The hearing will focus on whether you were driving or in actual physical control of a vehicle, whether the officer had reasonable grounds to believe you were impaired, and whether your BAC was 0.08% or higher or whether you refused testing.
For Refusal Cases: If you refused to take a chemical test, the hearing will examine whether the officer properly advised you of the consequences of refusal and whether the refusal was valid.
Unlike criminal court, the burden of proof at a DMV hearing is lower, making it easier for the DMV to suspend your license. However, this does not mean the suspension is inevitable. A skilled DUI lawyer can identify weaknesses in the DMVs case and present compelling arguments on your behalf.
How a DUI Lawyer Challenges License Suspension
There are several strategies I use to help clients at DMV hearings. Each case is unique, but common defense approaches include:
Challenging the Initial Stop: The officer must have had reasonable suspicion to pull you over. If the traffic stop was unlawful, the entire case including the DMV case may be compromised.
Questioning Testing Procedures: Breathalyzer and blood tests must follow strict protocols. If the officer did not properly observe you for the required period before administering a breath test, or if blood samples were not handled correctly, the results may be inadmissible.
Examining Officer Credentials: Officers who administer field sobriety tests and chemical tests must be properly trained and certified. Any gaps in their training or certification can be used to challenge the evidence.
Disputing BAC Accuracy: Medical conditions, certain diets, and even some medications can affect breathalyzer results. I have successfully argued that BAC readings were unreliable due to these factors.
Consequences of License Suspension in Colorado
Understanding what is at stake helps illustrate why fighting your license suspension is so important. For a first-time DUI offense with a BAC of 0.08% or higher, you face a 9-month license suspension. If you refused chemical testing, the suspension increases to 1 year for a first offense.
Beyond the suspension itself, you will be required to install an ignition interlock device (IID) on your vehicle before you can reinstate your license. This device requires you to pass a breath test before your car will start and periodically while driving. The costs of installation, monthly maintenance, and calibration add up quickly.
For those who need to drive for work or family obligations, losing a license can be devastating. This is why exploring every option to maintain driving privileges is a priority in my practice.
Restricted Licenses and Early Reinstatement Options
Even if your license is suspended, you may be eligible for a restricted license that allows you to drive under certain conditions. In Colorado, you can apply for early reinstatement of your license after serving a portion of your suspension, provided you meet specific requirements.
To qualify for early reinstatement, you typically need to complete a mandatory alcohol education program, install an ignition interlock device, and provide proof of insurance (SR-22). Navigating these requirements can be confusing, but working with a knowledgeable criminal defense lawyer in Colorado Springs ensures you understand your options and meet all deadlines.
The Connection Between DMV and Criminal Court
While the DMV hearing and criminal case are separate, the outcomes can influence each other. Evidence presented at the DMV hearing can provide valuable insight into the prosecutions case in criminal court. Conversely, a favorable outcome at the DMV hearing can sometimes create leverage for negotiating the criminal charges.
This is one reason why hiring a DUI attorney who handles both aspects of your case is so important. I coordinate the defense strategy across both proceedings to maximize your chances of a favorable outcome in each.
What to Expect When You Work with Our Firm
When you hire Christian A. Schwaner, P.C. to handle your DUI case, I personally review every detail of your arrest, from the initial traffic stop through the testing procedures. I request and examine all evidence, including police reports, dashcam footage, and testing records.
For the DMV hearing, I prepare you for what to expect, handle all communication with the DMV on your behalf, and present the strongest possible case to protect your driving privileges. Throughout the process, I keep you informed and ensure you understand your options at every stage.
Do Not Wait to Get Legal Help
The 7-day deadline to request a DMV hearing is strict and unforgiving. Every day that passes is a day lost in preparing your defense. If you have been arrested for DUI in Colorado Springs or anywhere in El Paso County, contact our office immediately to discuss your case.
With experienced legal representation, you have a real chance of keeping your license and minimizing the impact of DUI charges on your life. I am here to help you through this challenging time and fight for the best possible outcome in both your DMV hearing and criminal case.
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