Boulder DUI Lawyer

DMV Hearing

Upon your arrest for driving under the influence, your license will be confiscated pending a hearing with the DMV. It’s very important that you schedule this hearing within 7 days of your arrest, as failure to do so will waive your right to challenge the suspension of your driver’s license.

The hearing is presided over by a representative from the Colorado Division of Motor Vehicles. During the hearing you and your attorney will be permitted to present evidence and testimony, as well as challenge the evidence and testimony presented by the arresting officer. If your attorney can prove that you were not drunk at the time you were pulled over, or if your attorney can prove that the officer violated your constitutional rights, then your driver’s license will be returned to you. However, if you are unsuccessful at the hearing, your license will be suspended for 90 days for a firstDUI arrest, or for one year if it’s your second DUI arrest and/or you refused a breath/blood test.

DMV Hearing v. Criminal Case

It should be mentioned that the DMV hearing is a separate legal proceeding from the criminal case. The DMV hearing is an administrative action taken by the DMV, and the sole purpose of the hearing is to determine whether or not your driver’s license will remain suspended. The criminal case is where you’ll be tried for the crime of driving under the influence, and where you’ll either be found guilty or not guilty of the charges. The criminal case can result multiple penalties, including license suspension, fines, community service, DUI school, probation, and possibly time in jail.

Contact a Boulder DMV Hearing Attorney

If you have been arrested for DUI in Boulder County, it’s important to find an attorney who has a great deal of practice representing clients at the DMV hearing. As a former DUI police officer and deputy district attorney, Boulder DUI lawyer Chris Cessna has a unique advantage when it comes representing clients at their DMV hearings, since he knows what police procedures are considered lawful and which are not. Furthermore, he can easily tell when an officer has violated his clients’ rights, and will not hesitate to motion to suppress any evidence that was obtained in an unlawful manner.