Written by: Bill Peters , Denver Attorney

As of January 1, 2009, Colorado law requires that an individual arrested for a DUI apply for a Department of Motor Vehicle hearing following an arrest for DUI when the individual either

1) refuses to take a chemical analysis of his blood or breath or

2) submits to the chemical test and has a blood alcohol level in excess of .08.

The hearing must be requested within seven (7) days of the individuals arrest or the license revocation will go into effect immediately. The length of the revocation depends on several factors including: if you refused to take a test; your blood alcohol level; and, whether or not it is your first offense. It is important to note that should you fail to apply for the hearing within the seven day period, your license will be revoked regardless of whether you prevail on the DUI charge in Court. In other words, you will lose your right to drive even if you are found not guilty in Court.

While you may apply for the hearing in writing by mail, it is advised that you go to the Department of Motor vehicles to apply for the hearing in person. If you mail your request and the Department does not receive it in time, you will not be granted a hearing and the license revocation will go into effect on the seventh day. No excuses will be accepted by the Department.

When you apply for the hearing, you will be asked a series of questions the most important being do you want the arresting officer present at the hearing. The answer to this question is yes. If you say no, then the officer will not be at the hearing and there will be no opportunity for you or your attorney to ask the officer questions concerning the arrest which may result in you not losing your license at the hearing.

If you elect a blood test, the results of the test will not be available at the time of your arrest. In that case, the arresting agency has your blood sample tested and if the result is in excess of .08 then the Department of Motor Vehicle is notified. The Department then sends you a certified letter to the last known address on record with the Department. If the address on your drivers license is not your current address, then you need to change your address with the Department immediately following your arrest.

It is the responsibility of an experienced Denver DUI attorney to protect your rights throughout the process.   Please call the Law Office of William Peters at 303-321-8200 if you have any further questions