In Colorado Springs, if you’re arrested for a DUI, it’s crucial to promptly request an Express Consent Hearing to contest the suspension of your driver’s license. This hearing is separate from your criminal case and focuses solely on your driving privileges.
Steps to Request an Express Consent Hearing:
- Determine Your Situation:
- Breath Test or Refusal: If you took a breath test or refused chemical testing, you received an “Express Consent Affidavit and Notice of Revocation” from the arresting officer. You have seven days from the date of your arrest to request a hearing.
- Blood Test: If you opted for a blood test, the results take time to process. If your Blood Alcohol Content (BAC) is 0.08% or higher, the Colorado Department of Revenue will mail you an “Order of Revocation.” You have ten days from the letter’s postmark date to request a hearing.
- Request the Hearing:
- Online: Visit the Colorado Department of Revenue’s myDMV portal: https://mydmv.colorado.gov/
- Navigate to “Driver/ID Services.”
- Select “Request a Hearing” under “Appointments and Hearings.”
- Provide the required information and submit your request.
- In Person: Go to a full-service DMV office with your “Express Consent Affidavit and Notice of Revocation” or the “Order of Revocation” letter. Surrender your driver’s license and fill out the hearing request form provided by the DMV.
- Online: Visit the Colorado Department of Revenue’s myDMV portal: https://mydmv.colorado.gov/
- After Requesting:
- Upon submitting your request, you’ll receive a temporary driving permit valid until your hearing date.
- The DMV will schedule your hearing within 60 days of your request and notify you of the date and time by mail or email.
Important Considerations:
- Legal Representation: It’s advisable to consult with a DUI defense attorney to navigate the complexities of the hearing and improve your chances of retaining your driving privileges.
- Officer’s Presence: You can request the presence of the arresting officer at the hearing. If the officer fails to appear, it could work in your favor.
- Consequences of Not Requesting a Hearing: Failing to request a hearing within the specified timeframe will result in an automatic suspension of your driver’s license.
Remember, acting swiftly and understanding the process can significantly impact the outcome of your driving privileges after a DUI arrest in Colorado Springs.