If you are pulled over in Colorado and the law enforcement officer has probable cause to believe you are under the influence of alcohol or drugs, did you know that you have already given your consent to have a chemical test of your blood or breath?
If you are arrested for a DUI in Colorado Springs, there is a high likelihood that your ability to legally drive in the State of Colorado may be in jeopardy. When you are pulled over and suspected of being over the legal limit, law enforcement will ask you to complete what they term “voluntary roadside maneuvers.”
If the law enforcement officer decides that you did not satisfactorily complete the tests then they will arrest you for driving under the influence.
In Colorado, when you are arrested for DUI and the law enforcement officer has probable cause to believe you are under the influence of alcohol or drugs, you are presumed to have given your consent to have a chemical test or your blood or breath taken.
In other words, if you refuse to take the test you will lose your license for a period of one year. If you take the test and your blood alcohol level is over the legal limit then you also will lose your license for a period of time.
That period is based on the number of priors and in what period of time you had prior DUI’s. If you take a breath test, the result is immediate so you will know if you are over the legal limit at the point of taking the test. If you complete a blood test, the results will not be known for approximately one-two months.
Regardless of whether the test is breath or blood, a person has seven days from the notice of revocation to request a hearing at the Colorado DMV. If a hearing is not requested in that time frame then the person is deemed to have waived that right.
A hearing is an opportunity to confront the officer who issued the citation and question him under oath regarding his findings.
In the event that the officer does not appear at the hearing, then the person automatically wins the hearing and their license will not be suspended at that time. Depending on the circumstances, it may be suspended at a later time if a conviction enters through the court system.
Without legal assistance, it is unlikely that you will prevail at a DMV hearing for DUI due to the complex nature of DUI’s and DWAI’s. Don’t do this alone. Get competent help from someone who knows the DMV system and can walk you through it.
If you are charged with a DUI, the DMV is an important part of the system and an important time to have a Colorado Springs DUI Attorney involved. The DMV hearing is an opportunity for your attorney to cross-examine the officer under oath, potentially finding a weakness in the case which may help you prevail at trial. Believe it or not, DMV hearings can be won. If you are facing revocation for a DUI or DWAI please contact a Colorado Springs DUI attorney now.
James Newby is a criminal defense attorney in Colorado Springs and the managing attorney of the criminal justice law firm James Newby Law. James got into law because of a deep-rooted passion for helping good people that may have made a poor choice that could have lasting consequences.
