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Asker
Posted over 1 year ago.

Well that part is tricky. The police officer who arrested me that night didn't file an affidavit of revocation until today. He called me and explained that he was doing that this week, so that went backwards. The only reason I know what I'm facing is because I already signed the DA plea agreement. I am assuming that now that he has filed the revocation that I have to request a DMV hearing in the next few days and deal with that.

Rhidian David Watson Orr
Rhidian David Watson Orr, DUI / DWI Attorney - Denver, CO
Posted over 1 year ago.

You definitely want to request a hearing as soon as you are served with the notice of revocation or receive the Order of Revocation in the mail. This is important as they DMV can only use the BAC based on an administrative determination, not a criminal conviction. While the period of revocation would be the same, the length of time you would be required to have interlock and sr22 would not be. The detriment to this, is that if you qualify for early reinstatement before your DMV hearing, you cannot reinstate early without waiving your right to the hearing. So a lot of this depends on the timing.

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Asker
Posted over 1 year ago.

I go to court on the 9th. If I dont do the DMV hearing, will that ruin my chance of getting a restricted licence with the interlock?

Rhidian David Watson Orr
Rhidian David Watson Orr, DUI / DWI Attorney - Denver, CO
Posted over 1 year ago.

No it won't eliminate your chance to get a license early with interlock.