Important Information - DUI/DWAI Cases

If you have been charged with DUI in Colorado, there are two separate and distinct actions that are likely pending against you:

1.) Notice of Revocation - DMV Hearing

If you took a test for blood alcohol content (BAC), and the result was over .08, or if you refused to take the chemical test required by law, the police officer that arrested you probably took your drivers' license - even if it was from a state other than Colorado - and gave you a yellow form entitled “Notice of Revocation”. A close reading of this form will advise you of two things:

• You were likely given a ‘temporary permit’ allowing you to drive for seven days after your license was taken from you.
• (2) During that seven (7) days, you must request a hearing on the revocation of your license, or starting the eighth day your license will be revoked, and you will not be allowed to drive in Colorado for three months or one year (depending on the reason for the revocation).

Importance of Contacting a Lawyer

It is important to contact a lawyer to get advice before you request the hearing at the DMV. You must decide when you request the hearing whether you want the police officer that arrested you to be present at the DMV hearing. That decision is an important tactical decision and may greatly impact the outcome of the hearing. Whether to have the officer present at the hearing is best decided after reviewing the police officers report of your arrest. You can obtain those reports by going to the police agency that arrested you and making a request for the report. Most police agencies have those available within a day or two of the arrest, a lawyer can then meet with you, review the reports and advise you on this important issue.

Requesting a DMV Hearing
If you took a blood alcohol content (BAC) test, the result will not typically be available for a couple of weeks, but if the result is over .08 you will receive a letter from the DMV indicating that on a specific date they will revoke your license (for three months or one year or more depending on the circumstances) unless you request a hearing on that revocation. When you request the hearing, you will have to surrender your drivers license (even if it was issued by a state other than Colorado).

The DMV hearing must be held within 60 days of your request, and you will typically be allowed to continue driving until the hearing is held. An attorney experienced in handling these hearings, like those at Miller & Harrison LLC, is your best chance to avoid losing your license.

Details of License Revocation
If your license is revoked for three months, one year or more, there is no driving allowed, except if it is a first offense with BAC over .08, in which case you can request that there be one month of no driving at all followed by five months of driving with a probationary (restricted) license, before your full driving privilege is restored.

2.) Criminal Charges

You are facing allegations that you committed a crime. This is a completely separate matter than what occurs with your driver’s license at the DMV. It is important to see a lawyer soon after your arrest so that the lawyer can obtain all of the facts from you while they are still fresh in your mind. Writing out the facts yourself might be useful, but you might not think of certain facts that are important to your case.

Representation in Court
In the Court proceeding, your lawyer can take care of the first court appearance without your presence and arrange to discuss the case with the prosecutor to which it is assigned. An experienced lawyer, like those at Miller & Harrison LLC, can spot the issues that will make a difference in the outcome of your case. That lawyer can advocate for you with the prosecutor and attempt to resolve the case in your favor prior to the uncertainty and expense of a jury trial. However, if the case cannot be resolved satisfactorily the lawyer must be ready, willing and able to proceed to jury trial, like the lawyers at Miller & Harrison, LLC are.

IN SHORT, the best approach is to contact an attorney as soon as possible for specific legal advice on the handling of your case. Some lawyers do these consultations for free, but at Miller & Harrison, LLC we charge a small fee for the consultation so we can properly advise you on your case – including legal advice on what to do should you decide to try to handle the case yourself (and in some cases it may be appropriate to handle it yourself).