You may see on DUI lawyer web sites that you must act within seven days after being pulled over for a DUI. What does that mean? Here is the scoop. In Colorado, If you have been charged with a DUI or DWAI AND you took a breath test OR you refused a chemical test, the officer may have taken your license and given you a yellow sheet called an EXPRESS CONSENT AFFIDAVIT AND NOTICE OF REVOCATION. If you did receive such a notice you have seven days to request a hearing to determine whether you lose your license for either refusing to take a chemical test or testing greater the 0.08 on the breath machine. Either way you must go to a Department of Motor Vehicle office and request a hearing. When you request the hearing, the clerk will give you a temporary driver’s license (if you had a driver’s license to begin with) that is valid until the date of the motor vehicle hearing.
If you chose a blood test, the time to act is not so immediate. Instead the police will receive the results. They will notify the department of motor vehicle if the results are greater than 0.08 and the department of motor vehicle will mail you a notice of revocation indicating the date your license will be revoked unless you request a hearing.
It is very important that the motor vehicle department has the correct address in their system. If they do not have the correct address you may not be notified of the blood results and notice of revocation. The department of motor vehicles need the correct address as they will mail you a copy of the police reports to be considered at the hearing and later they will mail you a hearing date. They don’t look at the ticket to see what address the officer put down. The department of motor vehicle uses their records to determine where to mail the reports and hearing notice.
When you request a hearing you will be given a form to fill out with the request. On the form it will ask whether you took a chemical test. It will also ask whether you would like the officer to attend the hearing. Requesting the officer is an important decision that you should consult an attorney. Attorneys differ on whether to request the officer on the request form or wait to subpoena the officer.
DUI and DWAI laws are complicated. The cases are rarely open and shut. You are presumed innocent. There are ways to challenge and win these types of cases. Often times the first decision you have to make is regarding your driver’s license and not the court case. You should hire an experienced DUI attorney to represent you in these types of matters. The DUI lawyer you choose often makes a difference in the outcome.