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Denver Criminal Defense & DUI Lawyer / Denver DMV Appeals Lawyer

Denver DMV Appeals Lawyer

In Denver, Colorado, losing your driving privileges due to a DUI arrest or other traffic-related incidents can severely disrupt your life, affecting your ability to work, attend school, and fulfill daily responsibilities. The Colorado Division of Motor Vehicles (DMV) imposes strict license suspensions and revocations following certain driving offenses, particularly DUI or DWAI charges. Fortunately, you have the legal right to challenge DMV decisions through an administrative appeal process, offering you an essential opportunity to restore your driving privileges and regain control over your life. Denver DMV appeals lawyers at DeChant Law can provide aggressive and effective representation to help reinstate your driving privileges.

Understanding DMV Appeals in Colorado

In Colorado, the DMV (Department of Revenue – Division of Motor Vehicles) has the authority to suspend or revoke driving privileges for various offenses, most commonly related to driving under the influence (DUI), refusal to take chemical tests, excessive points on your driving record, and habitual traffic offenses.

If your license is suspended or revoked by the DMV, you have the right to request an administrative hearing, known as a DMV appeal or administrative license revocation hearing. Unlike criminal trials, DMV appeals are administrative procedures conducted by hearing officers, focusing specifically on the circumstances related to your license suspension.

Common Reasons for DMV Suspensions in Denver

DMV suspensions in Denver typically result from offenses including:

  • DUI or DWAI arrests
  • Refusal to submit to a chemical test (Colorado’s Express Consent Law)
  • Accumulation of excessive driving points
  • Habitual traffic offenses (HTO)
  • Driving without valid insurance
  • Driving on a suspended or revoked license
  • Convictions involving vehicular assault or vehicular homicide

Of these, DUI-related suspensions are among the most frequent and heavily contested in DMV appeals.

Colorado’s Express Consent Law & DMV Hearings

Colorado’s Express Consent law (C.R.S. §42-4-1301.1) states that drivers lawfully arrested on suspicion of DUI or DWAI must submit to a chemical test (blood, breath, or saliva). Refusal to comply results in immediate license revocation by the DMV.

When arrested for DUI, you have seven calendar days to request a DMV hearing to contest your license suspension. Failing to request this hearing within seven days results in automatic license suspension, underscoring the need for immediate legal action.

The DMV Appeal Hearing Process in Denver

The DMV hearing process is separate from criminal court proceedings and focuses exclusively on your driving privileges. The administrative hearing typically involves:

  • Filing a Hearing Request:
    You must file a formal request within seven days after receiving a notice of suspension or revocation.
  • Scheduling a DMV Hearing:
    DMV schedules a hearing within approximately 60 days, providing notice of time and location.
  • Evidence Review and Preparation:
    Your attorney obtains and reviews DMV records, police reports, test results, and prepares legal strategies to challenge the suspension.
  • DMV Administrative Hearing:
    At the hearing, evidence is presented, witnesses (including arresting officers) may testify, and your attorney argues against license suspension or revocation.
  • Decision by DMV Hearing Officer:
    Following the hearing, the officer issues a decision upholding or dismissing the suspension. If your suspension is upheld, your attorney can discuss options for appeal or limited driving privileges.

Grounds for Successfully Challenging a DMV Suspension in Denver

Common defenses or grounds for challenging DMV suspensions include:

  • Lack of reasonable suspicion or probable cause for traffic stop
  • Improper administration of chemical tests (breathalyzer/blood test errors)
  • Violation of procedural rights by law enforcement
  • Errors or discrepancies in police reports or test results
  • Failure of officer or DMV to follow required procedures
  • Insufficient evidence supporting suspension or revocation

Successfully presenting these arguments often requires experienced DMV appeal attorneys skilled in administrative law and DUI defense strategies.

Penalties for License Suspension & Revocation in Colorado

Suspension or revocation periods vary based on offense severity and prior driving history:

  • First-time DUI Suspension:
    Typically 9 months for first DUI, reduced to 4 months with early reinstatement conditions (such as ignition interlock device installation).
  • Refusal to Take Chemical Test:
    Automatic 12-month revocation for first refusal, increased penalties for subsequent refusals.
  • Second or Subsequent DUI:
    License revocations lasting one year or longer, mandatory ignition interlock installation upon reinstatement.
  • Excessive Points Suspension:
    Suspension periods vary (usually 6–12 months) depending on the number of points and time frame.
  • Habitual Traffic Offender:
    Five-year revocation if convicted as an HTO.

Early action through a DMV appeal can mitigate these penalties or secure restricted driving privileges.

What to Do if You Receive a License Suspension Notice in Denver

If you receive a license suspension notice from the DMV, immediately take these essential steps:

  • Act Quickly: You have just seven days from notice receipt to request a DMV hearing.
  • Contact an Experienced DMV Appeal Attorney: Immediate legal assistance maximizes your chances of success.
  • Preserve Evidence: Keep records, paperwork, and correspondence related to your suspension.
  • Do Not Drive Illegally: Never drive on a suspended or revoked license, as it could lead to severe criminal penalties and longer suspensions.

Key Colorado Laws Related to DMV Appeals

Understanding relevant statutes helps you navigate DMV appeals effectively:

  • Express Consent Law (C.R.S. §42-4-1301.1): Governs mandatory chemical testing after DUI arrests.
  • DUI Laws (C.R.S. §42-4-1301): Outlines DUI/DWAI definitions, BAC limits, and penalties.
  • Points System (C.R.S. §42-2-127): Explains Colorado’s driving points system and license suspension thresholds.
  • Habitual Traffic Offender (C.R.S. §42-2-202): Defines habitual offenders and associated license penalties.

Denver DMV Appeals FAQs

How long do I have to request a DMV hearing?
Seven calendar days from the date of notice.

Can I drive while awaiting my DMV hearing?
Yes, if you timely request the hearing, you receive temporary driving privileges until the hearing decision.

Will the hearing officer consider hardship in their decision?
No, hearings strictly focus on the facts and legal grounds of your case, not personal circumstances.

Can the DMV suspension be overturned even if I am convicted criminally?
Yes, DMV decisions are separate from criminal court decisions.

What happens if I miss the DMV hearing deadline?
Your license is automatically suspended without recourse.

Are DMV hearings public?
No, DMV administrative hearings are confidential.

Can my attorney appear for me at the DMV hearing?
Typically, you must attend, but your attorney handles most arguments and questioning.

What happens if I lose the DMV appeal?
You may appeal to district court or seek restricted driving privileges.

Does the DMV hearing affect my criminal DUI case?
DMV hearings are independent; however, testimony can influence the criminal case.

Can I appeal the DMV hearing officer’s decision?
Yes, you can appeal to the Colorado district court.

Serving Throughout Denver, CO

  • Cherry Creek
  • Capitol Hill
  • Highlands
  • LoDo (Lower Downtown)
  • Five Points
  • Stapleton
  • Washington Park
  • Baker
  • Sloan’s Lake
  • Uptown

How DeChant Law Can Help with Your Denver DMV Appeal

Losing your driving privileges can dramatically disrupt your life. At DeChant Law, our experienced attorneys understand Colorado DMV hearings and DUI laws thoroughly. We aggressively challenge suspensions, protect your driving privileges, and strive for reinstatement or reduced penalties. We guide you through each step, presenting compelling defenses tailored specifically to your circumstances.

If you’re facing license suspension or revocation in Denver, act immediately. Contact DeChant Law for a confidential consultation and let our dedicated attorneys protect your rights and help get you back on the road.