How can your driver’s license be revoked in Colorado and in the Denver area? One way is to accumulate twelve points against your license in any calendar year. Speeding tickets and other driving violations can lead to points being added to your license and when you hit the magic number, your license can be revoke and driving privileges suspended.
A charge for Driving Under the Influence (DUI) is different than other crimes because the Department of Motor Vehicles (DMV) could revoke your driver’s license before you attend your first court date. The DMV operates separately from the court system and results in different punishments depending on your situation. It is important that you are aware of options available to you so that you can fight to retain your driver’s license.
Hearing and the Express Consent Form
Express Consent Hearings
There are different hearings related to driver’s license suspensions, revocations, and cancellations. Generally, a charge for DUI will also cause a violation of express consent law and trigger your right to a hearing at the DMV. It is important to remember that you must request a hearing within a specific period of time or the right to a hearing is lost. The time frame to request a hearing depends on the type of test administered–blood, breath, or refusal of test.
Requesting a Hearing
There are three ways to request a DMV hearing:
1. Requesting in-person at a full service DMV location.
2. Through an attorney who appears on behalf of client.
3. By written request to the DMV.
The most important thing to remember is that you should always request a DMV hearing. Once you request a hearing, you can typically continue to drive (assuming you already had a valid driver’s license) up to the date the revocation hearing. This extra time driving can be helpful as it gives you time to transition from being a driver to using public transportation or some other method of getting to places, assuming that your license gets revoked. It is always better to plan ahead and this extra time of legal driving will help.
Article written by DUI and DMV attorney Jill Jackson.