Breckenridge DMV Hearing Lawyers
What Takes Place at a Summit County DMV Hearing?
If you are arrested and charged with a DUI offense in Summit County, you will lose your legal right to drive. The suspension of your driver’s license is in the hands of the DMV. Once you are charged with a Breckenridge DUI offense, you will receive a “notice of revocation.” It is imperative that you request a DMV hearing or “Express Consent Hearing” after receiving this notice. You have only a very brief window of time in which to request the hearing.
Deadlines for DMV Hearings
If you refused chemical testing, or registered above .08 percent BAC, you will be given two legal forms, an “Express Consent Affidavit” and a “Notice of Revocation.” You have just seven days from the time of your arrest for DUI (or test refusal) to request a DMV hearing. If you fail to file your request for a DMV hearing within the time allowed by law, your driving privileges are automatically revoked.
The DMV hearing does not affect your DUI case – it is an entirely separate matter. A DMV hearing, when managed by a talented Breckenridge DUI defense attorney, may allow you to retain the legal right to drive while your DUI case moves through the criminal justice system.
Driver’s License Revocation
You must request a DMV hearing if you want to retain your legal right to drive. If you fail to request a DMV hearing, your right to legally operate your vehicle will be revoked. Once you request a hearing, you will be provided with a form that acts as a temporary driver’s license in the interim. Always carry this form with you when driving.
Can a DMV License Suspension be Overturned in Criminal Court?
The suspension of your driver’s license takes place through the DMV and is entirely separate from your criminal charges for DUI. However, your attorney can request the attendance of the arresting officer at the DMV hearing, and his or her testimony can be used in criminal court, which could prove to be beneficial in defending you against the criminal charges leveled against you. You may have been the victim of an illegal stop, or the roadside testing was performed incorrectly. The skills of your DUI defense lawyer are a critical point in both retaining your license, and in defending you against the charge in court.
What Happens at a DMV Hearing?
A DMV hearing may be held in person, or over the phone. In either case, you want to ensure you have an attorney representing you. The DMV hearing gives your lawyer the opportunity to question the arresting officer, which could be of great benefit to your DUI case in criminal court. The skills with which the police officer is questioned can make a significant difference in the outcome of your DUI case in court.
The issues that will be covered at a hearing are:
- Were you driving with a breath or blood alcohol content registering at .08 or higher?
- Did you refuse to take the chemical test when a law enforcement officer had probable cause to suspect you were driving under the influence of drugs or alcohol?
Reinstatement Requirements
To reinstate your license, you must complete the application, pay the reinstatement fee, and provide the DMV with an SR-22 from your auto insurance company. You will be required to enroll in an alcohol or drug education or treatment program. You must have an ignition interlock device (IID) installed in all vehicles you own or may drive and provide a notarized form confirming this has been completed, along with the lease agreements for the device installed In your vehicle(s). You must take a vision test along with a written and in-person driving test in a vehicle equipped with an IID.
Why Choose Our Summit County DUI Attorneys?
At Whitaker & Penix, LLC, your case will be represented by a Breckenridge criminal defense lawyer with a background serving as a prosecuting attorney. Our legal team understands the strategies employed by prosecutors in these cases and will craft a defense case geared to reduce the damage, including representation at the DMV hearing. Call us today at (970) 368-0602 for an initial consultation.