The Colorado DMV will seek to revoke your driving privilege
You enter two contests when you are arrested for DUI: one in the courtroom and the other with the Department of Motor Vehicles. With a blood alcohol level of .080 or a refusal to submit to a chemical test, the DMV will seek to revoke your driving privilege. To start the contest, you must request a hearing within (7) calendar days of the test results or refusal. A telephone hearing will take place between 40 and 60 days after your request.
The DMV should issue you a full-privilege Temporary Driverís Permit which will be valid until the day of your hearing if you surrendered a valid driver's license when you were arrested.
At the hearing, the DMV officer will decide:
- Were you driving or in physical control of a vehicle?
- Did the arresting officer have reasonable suspicion to stop or contact you?
- Did the arresting officer have probable cause to request you to submit to a blood or breath test?
- Was a valid blood or breath test accomplished within (2) hours of your actual physical control of the vehicle, or was there a refusal to take a blood or breath test?
If a blood alcohol level of .080 or more is established, a 9-month revocation will be ordered. After 30 days, you may reinstate early with an 8-month interlock restricted license. A second and third DMV revocation results in a one-year and two-year loss with no opportunity for the interlock device.
What's next? See my Five Immediate Steps to Take upon Receiving a DUI Ticket
Call me immediately (970-871-7400) to discuss your questions, needs and how I can help you in this trying time.
"Over the last fourteen years, I have tried more jury trials than any practicing attorney in the 14th Judicial District (Routt County, Moffat County, and Grand County Colorado including Steamboat Springs, Craig, and Hot Sulphur Springs) with consistent success."
-- Larry D. Combs