When you are charged with a DUI in Colorado and you either fail a breath test or refuse testing, you have seven calendar days from the date of offense to request a DMV license hearing called an Express Consent Hearing. Failure to request this hearing will result in your driving privilege being automatically revoked, even if you are able to successfully defend the charge in court. It is important to preserve your right to the hearing and to take advantage of this hearing as the penalty for losing the hearing is exactly the same as not requesting it. You can only benefit from having this hearing as it will provide your Denver DUI attorney with a chance to fight your case, weigh the evidence against you and cross-examine the arresting officer. Often times the defense strategy is determined and solidified as a result of information obtained at this hearing. A quality DUI attorney will want to use this hearing as an opportunity to explore potential defenses in your case in addition to trying to save your driving privileges.
Express Consent hearings generally last between 20 minutes to an hour. In this time, the officer that arrested you will provide his or her testimony, your Denver DUI attorney will cross examine the officer, your DUI attorney will choose whether to call additional witnesses, and and you may choose to testify. Always respect the opinion of your lawyer when it comes to whether or not to testify – he or she has the experience to know what will provide you with the greatest benefit and whether your testimony will be beneficial to this proceeding or whether you would simply be incriminating yourself and creating a record for the district attorney to use against you in your court case.
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We Service all of the Denver Metro Area, Colorado’s Front Range, and Mountain Communities.
If you have been charged with driving under the influence, you need the assistance of the top DUI defense team in Denver, CO. At the Tiftickjian Law Firm, P.C., we have the experience it takes to provide you with effective and diligent representation for both DMV license hearings and the criminal court proceedings. Contact us to schedule your initial consultation today.