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.
Request your Express Consent Hearing within 7 Days of the Offense
The officer should have confiscated your driver's license and given you an yellow/white piece of paper (usually yellow carbon copy) called an Express Consent Affidavit. This is a temporary 7 day driving permit. You must go to the DMV within this 7 day period to request your hearing. If you fail to request your hearing within this timeframe your driving privileges will be revoked and you forfeit your right to a hearing. You can go to any full service DMV location in Colorado to request this hearing. Make sure to bring the Express Consent Affidavit with you when requesting your hearing.
Say "Yes" to the Officer
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.
Verify your Mailing Address
When you are at the DMV requesting your hearing, make sure you verify the DMV has you current mailing address. If they do not, submit a "change of address" form while there.
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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