Not requesting a DMV hearing is a grave mistake for someone to make. There are many ways to win a DMV hearing even if it seems unlikely. If you’re accused of a DUI in Colorado, you not only have the right to defend yourself in the criminal court case but also at the DMV hearing. The DMV hearing decides if you are to lose your driving privileges due to a high BAC or refusing to take the test. It’s important to have an experienced attorney to guide you through this process.
Request a DMV hearing immediately!
To avoid an automatic revocation of your driver’s license, request a DMV hearing immediately. If you took the breath test and were above a .08 BAC or refused to test, the hearing must be requested within 7 days from the date of your arrest. If you took the blood test, you will be given a finite amount of time to request a hearing once your blood results have come back over a .08 BAC and you have received a notice of revocation in the mail from the Department of Revenue.
Elements of the DMV Hearing.
During the DMV hearing, the State must prove (1) that you were DRIVING or in actual physical control of the vehicle; (2) that the officer had PROBABLE CAUSE to believe you violated any impaired-driving law; and (3) that a valid breath or blood test resulted in a BAC of .08 or greater and was taken within two hours of the time of driving or actual physical control, or that you refused to test. These are the elements an experienced DUI attorney will attack at your hearing.
Officer or No Officer?
When requesting a hearing, you will have the option of requesting the officer be present at your hearing or not. Depending on the facts of your case, you may want the officer present or not be present and it may take an experienced DUI attorney to help you understand which option will be most beneficial for your specific situation.
If the police report and documents contained in your Express Consent packet submitted to the DMV as the evidence to be used against you at the hearing is lacking one or more of the elements listed above, you do not want the officer invited to your hearing to repair the mistakes with his/her testimony.
However, if the elements are satisfied in the report, then you do want the officer required to appear so your experienced DUI attorney can back him into a corner with a bombardment of carefully planned strategic cross-examination questions. Officers are human and make mistakes; the right mistake may result in the dismissal of the revocation. Also, there is always the possibility the officer does not show up to the hearing, and if he/she was requested, the absence results in a dismissal of the revocation.
Burden of Proof.
During the DMV hearing, the State must provide the aforementioned elements to the Department of Revenue by a “Preponderance of the Evidence,” the same as “Greater Weight of the Evidence.” Compared to a criminal case where the burden is “Beyond a Reasonable Doubt,” the “Preponderance of the Evidence” standard is less strict, like 50.1%, as opposed to “Beyond a Reasonable Doubt” which is generally perceived as around 95%. Think of it as the state proving that it is “possible” you were drinking and driving as opposed to it being highly likely, based on the facts, that you were drinking and driving.
An experienced DUI lawyer’s skillful presentation can often lead to success at the DMV hearing, which is not always followed by your license being revoked. There will always be chances of unexpected events such as the involved officer’s non-appearance can also play a role in the outcome.
HIRE EXPERIENCED ASSISTANCE
The wise move would be choosing to hire a knowledgeable lawyer for the DMV hearing. An attorney with an in-depth understanding of the rules governing the Colorado DMV can significantly impact your outcome and potentially save you from losing your driving privileges. Contact the assistance you need at https://www.shipp-law.com/contact-shipp-law-dui-attorneys/