Contact a Colorado DUI Attorney Immediately for a FREE Consultation
Any reputable DUI attorney will provide a FREE consultation for those accused of DUI in Colorado. Take advantage of this consultation and call our office to speak to an attorney or staff member to ensure that you preserve all your rights and do not miss any deadlines. Call Colorado's Premier DUI Defense Firm at 303-818-2448 or 970-222-5556.
Verify the Colorado DMV has your current Mailing Address
If you submitted to a blood test, you are waiting on a letter from the CO DMV called an "Order of Revocation". This letter will indicate what your blood test results were and that you have 10 days from the postmarked date of this letter to request a hearing. If the address on your driver's license is incorrect, you must immediately go to the DMV and submit a "change of address" form. This must be done immediately. If the DMV does not have the correct address you will not receive the "Order of Revocation". Do not rely upon the fact that you gave the officer your current address or the address on the ticket is correct. The DMV is only required to send mail to the address they have on file. If they send the letter and you don't get it, you will have your license revoked and forfeit your right to a hearing.
Receipt of the Order Of Revocation Letter
Once you receive the "Order of Revocation" (this can take anywhere from 2-6 weeks), you need to immediately go to any full service Colorado DMV and request your hearing. You only have 10 days from the postmarked date of the letter. This is 10 calendar days, not business days. Do not wait until the last day, request your hearing as soon as possible after you have received the "Order of Revocation."
How to Request your Express Consent Hearing
You need to take the "Order of Revocation" letter you received in the mail and your driver's license down to any full service Colorado DMV location. This must be done within 10 days of the postmarked date of the letter. You will surrender your driver's license and request an Express Consent Hearing. Once at the DMV, the staff member processing your request will ask you if you want the police officer present at the hearing. This is only for the "testing" officer. All other officers involved will have to be subpoenaed. If you are going to hire our firm, we advise all clients to say "yes" to the officer. A lot of other attorneys will advise you to say "no". Consult with an attorney before making this decision. We believe our strategy for requesting officers outweighs any possible negatives about having the officer present.
Issuing of a 60 Day Temporary Permit
After you have requested the hearing, said yes to the officer and verified your mailing address; the DMV will grant your hearing request and issue you a temporary 60 day driving permit. This is a valid license and has no restrictions. You must keep this temporary permit on you at all times when driving. The DMV will mail you another letter called a "Notice of Hearing" in about 3-5 weeks from the date in which you requested the hearing. Please check your mail daily for this letter.
Obtaining a copy of your full Motor Vehicle Record
Before you leave the DMV, please obtain a full driving record. Make sure this is a full record and not a 7 year record. We want to verify everything on your record as anything on here will be used against you and we need to ensure that all records are accurate and how prior convictions will impact your current case.
Receiving the Notice Of Hearing
After you have completed the above 6 steps you should receive the "Notice of Hearing" in the mail from the DMV. This letter will tell you the time, date and location of your Express Consent Hearing. This is one time hearing that determines the status of your driving privileges. You should always have an attorney represent you at this hearing. The day you get this letter, you need to provide a copy to your attorney.
Additional resources provided by the author
To contact the DMV directly about questions on requesting a hearing, call: 303-205-5606
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