Colorado Administrative DUI Hearing Attorney

Denver Administrative Hearings for DUI Attorney

Those charged with drunk driving in Colorado will face both an administrative and criminal process, each with its own set of challenges and potential consequences. It's essential to recognize that failure to properly defend against both can result in the loss of your driver’s license and other administrative sanctions, even if you successfully beat the criminal case. If you are an out-of-state driver facing a DUI charge in Colorado, the administrative hearing process can be different compared to local drivers, often adding an extra layer of complexity that makes legal representation even more vital.

A Denver drunk driving defense attorney should represent defendants in both processes to ensure the best possible outcome. In many ways, the administrative hearing is more difficult to win because the state faces a lower burden of proof – preponderance of the evidence (which means "more likely than not"), compared to the higher burden of "beyond a reasonable doubt," which is the standard used in criminal cases. This makes it especially critical for individuals with repeated DUI offenses, as the administrative hearing is even more crucial, given that penalties can be significantly more severe for those with a history of similar charges.

In some cases, a DUI can escalate to more serious charges, such as vehicular homicide, which also involves a separate administrative hearing. The consequences in such situations are dire, and having an attorney experienced in both the administrative and criminal aspects of DUI defense can make a significant difference in the outcome. By understanding the nuances of both processes, a skilled defense attorney can help navigate the complexities and fight to protect your driving privileges and future.

Colorado DUI/DWAI: Administrative Penalties

There are both criminal penalties (fines, imprisonment, and required public service) and administrative penalties for drunk driving. Courts impose criminal penalties, and the Colorado Department of Revenue imposes the administrative penalties. Colorado DUI laws are found in sections 42-2-125, 42-2-126, 42-2-127, and 42-4-1307, Colorado Revised Statutes:

DUI Administrative Penalties:

BAC of .08 or higher

FIrst offense: 9-month license suspension

Second offense: 12-month license suspension

Third offense: 24-month license suspension

DUI conviction: 9-month license suspension (12 points)

DWAI conviction: No suspension (8 points)

In an administrative hearing, the state must still prove that you were in physical control of a motor vehicle with an illegal blood-alcohol limit. However, hearings are not automatic. Defendants have a very narrow window during which they can request a hearing.

Those who took a breath test, or those who refused a test, have just 7 days from the date of arrest to request a hearing. For those who do not request a hearing, the driver’s license suspension automatically begins after the seventh day. Those who took a blood test have 10 days after a letter was sent notifying them of their test results. If the defendant does not request the hearing, then the license suspension begins after the 10th day.

Administrative Hearing Defense in Denver

As a veteran Denver administrative hearing attorney, James Colgan knows defendants are always best served by forcing the state to prove its case during both the administrative and criminal processes. Those who lose the administrative hearing, may also appeal, giving them yet another chance to win their case, which they forfeit automatically if they fail to request the initial hearing in a timely manner.

The administrative hearing also gives your DUI defense attorney a thorough first look at the state’s case, which can be valuable when it comes to preparing to defend you against the criminal charges in court. Even if you lose the administrative hearing, you have lost nothing more you would have lost automatically had you not contested the charge, while providing your attorney with a trial run through the evidence and potential arguments and defenses that may make the difference when it comes to winning the criminal case.

James Colgan is a veteran drunk driving defense attorney who represents clients throughout the Denver metro area, including Centennial, Highlands Ranch, Lakewood, Thornton, Westminster, Berkley, Brighton, Broomfield, Castle Pines, Castle Rock, Columbine, Commerce City, Englewood, Federal Heights, Golden, Greenwood Village, Ken Caryl, Littleton, Lone Tree, Northglenn, Parker, Sherrelwood, The Pinery, Welby and Wheat Ridge.

Call the Law Office of James Colgan at 720-909-6425 for a free and confidential consultation to discuss your rights.

Frequently Asked Questions

What is a DUI administrative hearing in Northglenn, Colorado?

A DUI administrative hearing in Northglenn, Colorado, involves addressing the administrative penalties imposed by the Colorado Department of Revenue following a DUI arrest. This hearing is separate from the criminal court proceedings and focuses on the potential suspension of the driver's license. Defendants must request a hearing within a specific timeframe after their arrest, and the state needs to prove that the individual was in control of a vehicle with an illegal blood-alcohol limit. Winning this hearing can prevent license suspension and provide valuable insights for the criminal case.

How do I request a DUI administrative hearing in Colorado?

To request a DUI administrative hearing in Colorado, you must act quickly after your arrest. If you took a breath test or refused a test, you have 7 days from the date of arrest to request a hearing. If you took a blood test, you have 10 days from the date you receive your test results notification to request the hearing. Failure to request a hearing within these timeframes will result in an automatic suspension of your driver's license. Consulting with an attorney can help ensure you meet these deadlines and effectively contest the suspension.

What are the possible outcomes of a DUI administrative hearing?

In a DUI administrative hearing in Colorado, possible outcomes include maintaining your driving privileges or facing a suspension of your driver's license. If the hearing determines you were in control of a vehicle with an illegal blood-alcohol level, your license could be suspended for a period ranging from nine months to two years, depending on the number of offenses. The hearing can also provide valuable insight into the state's case against you, aiding in your criminal defense strategy. An experienced DUI administrative hearing attorney can challenge the evidence and potentially prevent the suspension.

Can I appeal a decision from a DUI administrative hearing in Northglenn?

Yes, you can appeal a decision from a DUI administrative hearing in Northglenn. If you lose the administrative hearing, you have the option to appeal the decision, which provides another opportunity to challenge the suspension of your driver's license. It's important to act quickly and follow the appropriate legal procedures for filing an appeal. Working with a knowledgeable DUI administrative hearing attorney increases your chances of a successful appeal. To discuss your case, contact us.

Additional Information in Northglenn, Colorado

Colorado Department of Revenue - The DUI Process: Explains the two separate paths following a DUI arrest: the Administrative Process and the Court Process. The Administrative Process, managed by the DMV, involves hearings to determine the impact on your driving privileges, such as license suspension. The Court Process, handled by the judicial system, deals with criminal penalties, including fines and jail time. Understanding these processes helps in preparing for both hearings and defending against penalties in a DUI case.

Colorado General Assembly - Colorado Drunk Driving Laws: Detailed information on DUI and DWAI offenses, including definitions, blood alcohol content (BAC) thresholds, and the role of various tests (blood, breath, saliva, urine) in enforcement. It outlines both criminal and administrative penalties, such as license suspension, fines, imprisonment, and public service requirements. Additionally, the document explains the consequences of refusing chemical tests and the classification of persistent drunk drivers, including mandatory penalties and license revocations. This comprehensive overview helps understand the legal framework and potential penalties involved in DUI cases in Colorado, which is crucial for preparing a defense in administrative hearings.

Colorado Department of Transportation - Law Enforcement: Impaired driving law enforcement page provides information on the state's efforts to combat drunk and drugged driving. It outlines training programs for law enforcement officers, such as ARIDE (Advanced Roadside Impaired Driving Enforcement) and DRE (Drug Recognition Expert) programs. The page also details high visibility enforcement periods and the use of sobriety checkpoints to deter impaired driving. This information can help in a DUI administrative hearing by understanding law enforcement procedures and strategies used in DUI enforcement.

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