Steven Louth Law Offices
In Boulder and across Colorado, the criminal court process is a separate procedure from the Department of Motor Vehicles. The DMV controls individuals’ privilege to drive and anyone charged with a DUI is looking at losing their license, even if they are not convicted in criminal court. The reason for this is that the criminal courts have a stricter burden of proof. To convict someone in criminal court the proof required is beyond a reasonable doubt while the DMV uses preponderance of the evidence standard, meaning it is more likely than not that the alleged offense occurred. How long the suspension of driving privileges last for depends on several factors:
- If it is the individuals first DUI or a subsequent offense
- If the individual submitted to a chemical test
- The blood alcohol content (BAC)
Although the odds of winning at the DMV hearing are not in ones favor, it is possible to keep your license if you can prove the officer did not have probable cause for making a stop and requiring a chemical test. You can also win the hearing if the officer fails to appear. To contest the loss of driving privileges you must request a hearing with the DMV within seven days of receiving the notice of revocation or you lose your right to have a hearing and automatically surrender your driving privileges. We have helped clients over the years win their DMV hearing and retain the privilege to drive. Our Boulder DMV hearings attorney explains to our clients how long they could lose driving privileges for and guide them through the DMV to minimize the loss of driving privileges.
The DMV aspect of a DUI can be confusing. The murder statute in Colorado is one page. The drinking and driving statute is thirteen pages! We guide our clients through the criminal courts as well as the DMV to minimize the repercussions of a DUI.
Contact a Boulder DMV hearings attorney who guide you through the Department of Motor Vehicles to minimizing consequences of being arrested for a DUI in Boulder County.
The DMV is located at 2850 Iris Avenue Suite F, Boulder 80301 and can be reached via phone at 303-442-3006.