DMV Hearing Denver
DUI Is Two Fights In One: Criminal And Administrative
Most people don’t know it, but when you’re charged with Driving Under The Influence (DUI) or Driving While Ability Impaired (DWAI), you don’t just face one nasty fight for your time, money, freedom, privileges, and reputation.
You face two nasty fights.
Obviously, you face a criminal proceeding, which is handled by the justice system and could mean your case needs to go to trial (though many cases don’t).
But you also face an administrative proceeding, which is handled by the DMV – the Colorado Department of Revenue’s Division of Motor Vehicles.
You can try to go it alone, and hope the hearing officer at the DMV is there “to help you.” (Spoiler alert: that’s a very risky assumption.)
You can call a friend of a friend, who reportedly just passed the bar and has nothing to do but represent you for a really low fee! (But, nice as that new attorney may be, will he know – really know – what he’s doing?)
Or you can make a smart choice.
Understand that these DMV hearings are nothing to take lightly. While generally brief (15-20 minutes on average), they can be complex, nuanced events in which the deck is stacked against you. Your best defense may call for subtle-but-important tactics that you’re not even likely to know about.
You need a skilled, competent, experienced defense team that knows how to fight for your driving privilege like professionals. And win.
You May Have Only HOURS Left To Get A DMV Hearing
If you consented to a breath test at the time you were pulled over – or even if you refused that test – you’ll be notified quickly of the “revocation” of your driver’s license.
From the time they mail that notice to you, you have ONLY SEVEN DAYS to request a hearing at the DMV to fight for your driving privilege.
If you find yourself “too busy” to deal with this right away (or too paralyzed by the dark cloud hanging over your head – which won’t go away by itself)…
… If you delay getting your defense team in place…
… You are likely to be very sorry.
If you don’t have the right paperwork filed properly before the deadline, your chance at a hearing vanishes… and so does your driver’s license. Automatically.
That would make things very easy on your opponents.
The other side is counting on your ignorance of the law, and the deadlines, and things like this. Things that might seem trivial, but make a huge difference in the outcome of your case.
Your “Express Consent” Hearing At The DMV
At this all-important proceeding, the hearing officer will use a “preponderance” or “civil standard” to weigh the facts in your case and make a determination about your driving privilege.
This means the officer will have to decide whether certain facts are “more likely than not” to be true:
Did you drive the car?
Did the law enforcement officer have a good reason (“probable cause”) to stop you?
Did the officer see true indications that your ability to drive was impaired?
Did the officer have enough good reasons to invoke the state’s “express consent” law?
Did they properly administer the chemical tests to you (blood and/or breath), in accordance with health regulations, and within the required time frame?
Did law enforcement’s interpretation of those tests show a failure, i.e., a blood-alcohol content (BAC) too high to safely drive?
Was their interpretation and analysis done correctly, based on sound scientific principles?
Or did you refuse the tests?
As you can see, there are many “links in the chain”… the chain that leads to the suspension or revocation of your driver’s license.
The other side will present their evidence, and argue that, oh yes, of course, all of these things were more likely than not to be true in your case.
They’ll argue that all the links hold fast.
But if you have a skilled defense, conducted by lawyers who know precisely how to attack these links, one by one, there is hope.
An unskilled defense has no chance.
But a skilled defense, like the one you’d get with DUI Law Firm Denver, dramatically improves your chances of getting your best outcome in retaining your driving privilege.
Get Things Working In YOUR Favor
Emilio De Simone is a rare expert: he’s received the coveted “Lawyer Scientist” credential from the American Chemical Society. Emilio knows the science behind DUI cases as well as anyone. He studied with the scientist who built the very first gas chromatograph in the U.S. (the device used to chemically test your BAC).
Emilio is a member of the National College for DUI Defense… he’s compiled extensive knowledge and training in the science of DUI.
He can attack some of those links in the prosecution’s chain… effectively… assertively… successfully.
DUI Law Firm Denver also features former public defenders who, like Emilio, have seen it all (and fought it all… and won.) They know as well as anyone how to stand up for the rights of people accused of all kinds of crimes. And they have an outstanding track record of getting excellent results for their clients.
DUI Law Firm Denver knows how to go after many of those other links in the chain against you.
And break them!
Together, these hard-charging lawyers from DUI Law Firm Denver will form the best defense team you can get to attack the prosecution’s case against you.
In fact, if your case has to go to trial, it’s the firm’s policy never to send you in there with only one lawyer. You’ll have two. While one’s arguing, the other is listening, thinking, and helping plan the next phase of your assault on the other side’s case.
It’s a winning formula.
And, since DUI Law Firm Denver doesn’t charge you for the second attorney,
you get rock-star representation at a regular person’s price.
Maybe you made a mistake putting yourself in this position. But don’t make a second mistake. Get the professionals at DUI Law Firm Denver on your side of the fight.
You’ll be glad you did.
NOTE: What if you do lose your driver’s license for a period of time? How do you protect your employment? Even with the best representation, the deck is still stacked against you, and this can happen. But all is not lost.