Arrested for DUI? You need to act now!

You need to move quickly if you have been arrested for DUI. Not only are you in danger of facing criminal charges and the possibility of a conviction that may lead to imprisonment and heavy fines, but you may be at risk of losing your driver's license. You need to act fast to involve an attorney who can get to work in protecting your legal rights and interests.

You only have 7 days after a DUI arrest to contact the Division of Motor Vehicles (DMV) and schedule a hearing in order to challenge the suspension of your driver's license. If you do not schedule this hearing, your license will be suspended.

You Have Only 7 Days to Request a DMV Hearing

There are two key parts to any DUI case: criminal proceedings and DMV proceedings. One issue that many drivers may not immediately consider is the impact that an arrest will have on their driver's license. When a driver is arrested for DUI and either fails or refuses a breath or blood test, the Colorado Division of Motor Vehicles will initiate administrative license suspension proceedings. A driver does have the right to challenge the suspension of his or her license, but this must be done within 7 days of the arrest. Acting quickly and involving an attorney may prove invaluable. Your attorney may not only be able to schedule the hearing for you but may be able to represent you at this hearing in order to seek the best possible result on your behalf. In some cases, having your lawyer handle our DMV hearing can also better prepare him or her to handle your case in criminal court.

A DMV hearing is somewhat like a mini-trial, where the arresting officer will testify against you, evidence will be presented and you may have the opportunity to testify. A hearing officer will make a determination based upon the information presented as to whether your license should be suspended. The issues that will be looked at will include:

  • Was the arrest lawful?
  • Did the officer have probable cause to make the arrest?
  • Was the result of the breath or blood test .08% or greater?
  • Did the driver refuse chemical testing to determine his/her blood alcohol concentration?

To suspend your license, the hearing officer must determine that you were lawfully arrested and failed/refused the breath or blood test. With a solid understanding of how DMV hearings work and what information should be presented to the hearing officer on your behalf, a skilled attorney can work to protect your license.

Working with a Boulder DUI Lawyer

Remember, you have the right to legal counsel if you are arrested. Taking immediate advantage of this right is crucial, particularly when dealing with DUI charges. At the Lancaster Law Office, we are skilled in handling both parts of our clients' DUI cases. We cannot stress enough the importance of calling our offices as soon as possible after a drunk driving arrest. We need to get involved immediately in order to schedule your DMV hearing and begin preparing your criminal case.

Contact a Boulder DUI attorney at our firm today.

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