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Driver's License Revocations from DUI Arrest in Colorado
A DUI arrest results in two separate legal proceedings against you: the criminal case and an administrative license revocation hearing through the Colorado Department of Motor Vehicles. If your BAC is confirmed through chemical testing to be .08 or above, or if you refused to submit to a breath or blood test, you will be subject to a license revocation through a civil administration hearing.
If you have been arrested for a DUI with a BAC at or above .08, or you refused a test (blood or breath), you only have 7 days from the date you were arrested to schedule a hearing with the DMV to contest your revocation. If you do not request your DMV hearing within 7 days, your license will automatically be revoked for 9 months to one year. You also lose your right to challenge or appeal the revocation.
You have temporary driving privileges during the 7 day period. If you request a hearing these temporary privileges continue until the date your hearing is held. If you win the hearing then the case is dismissed and you keep your license. If you lose the hearing then your license is suspended as of that moment.
At the hearing, the arresting police officer will testify about the observations which led them to place you under arrest for DUI. Evidence presented at the DMV hearing typically includes: Whether there was reasonable suspicion to stop your vehicle and place you under arrest on DUI charges, whether the breath or blood sample was legally obtained and followed the required procedures, whether an officer properly advised you or your rights under the law.
After the police officer has testified your attorney is given the opportunity to cross-examine the officer, as well as present your own evidence and testimony. At the conclusion of your hearing, the hearing officer will either revoke your license or give your license back to you.