If you're facing a DMV hearing after a DUI or other driving offense, don't approach this process lightly. Enlist an experienced attorney before your hearing date to represent you and seek a favorable outcome.

A traffic/DMV hearing may feel like the least of your worries in the face of DUI charges or related driving offenses. But navigating this process strategically is extremely important to the outcomes of your case as a whole.

Attorney Margaret Teigen Steele represents clients through traffic and DMV hearings, along with criminal court proceedings for DUIs and related charges. Allow our law firm to provide legal guidance and support.

Contact Steele Law Criminal Defense today for more information.

What Is a Traffic/DMV Hearing?

If you are facing DUI charges or certain other traffic offense charges, your driver's license may be at risk of suspension or revocation. While the criminal court will handle the proceedings related to your criminal charges, the DMV will be responsible for license suspensions and revocations related to your charges.

DMV hearings are not automatically scheduled. Rather, they are optional proceedings that you can schedule to defend your stance and seek to maintain your license. They are also called "express consent" hearings.

When you are charged with a DUI in Colorado, you will have seven days to request a DMV hearing. Failing to request this hearing will lead to your driving privileges being automatically revoked.

It is usually beneficial to request a DMV hearing, as doing so likely will not hurt your case. The penalty for losing the hearing is the same as not requesting a hearing at all. This hearing gives you and your attorney the opportunity to present a defense and seek a lesser penalty.

What Happens at a DMV Hearing?

DMV hearings are relatively informal compared to criminal court hearings. They can last between 20 minutes and an hour, and the arresting officer may or may not be present.

During your hearing, your DUI attorney will have the opportunity to call witnesses, submit evidence, and cross-examine the law enforcement officer, assuming they are present. Your lawyer may or may not advise you to testify at the scheduled hearing.

DMV hearings are conducted by a hearing officer rather than a judge. After reviewing the evidence, the hearing officer will make a ruling, which may include reinstating driving privileges, upholding the license suspension, or issuing a "red" or restricted license. A restricted license would only permit you to drive for certain purposes, such as to work, school, and medical appointments.

You may be able to appeal the hearing officer's decision if you and your attorney believe the hearing followed improper procedures or the officer applied the law incorrectly.

Do You Need Legal Representation at DMV Administrative Hearings?

You are not required to bring legal representation to your DMV hearing, but doing so is often a wise idea. An experienced DUI attorney like Margaret Teigen Steele can help you build a defense and seek a favorable outcome from this hearing. Without legal counsel, you may not have the legal skills necessary to present a strong defense and represent yourself. 

Your attorney can provide valuable legal guidance and help you understand the types of evidence that can be effective in these hearings. They can provide professional representation during your DMV hearing and through other legal processes related to your charges, such as criminal trials.

The goal of your administrative hearing is to present a case for not suspending your license. Loss of licensure can have significant implications, especially if your job is dependent upon your ability to drive. You may face job loss and trouble securing other forms of employment.

License suspension significantly limits your freedoms and complicates your ability to complete basic tasks like traveling to and from work, buying groceries, and spending time with friends and family. Public transportation in Englewood often isn't sufficient for individuals who work across the city or have other regular obligations.

Common Defenses During DMV Hearings

During your hearing, you and your attorney will have the opportunity to present evidence to minimize or prevent driving-related penalties. While the outcome of a DMV hearing will not impact your criminal trial, it can significantly affect your driving privileges.

Attorney Margaret Teigen Steele may use any of the following defenses to build a strong case for your DMV hearing:

• • No reasonable suspicion or probable cause for a traffic stop
  • Inaccurate breathalyzer or blood test results due to faulty equipment or improper test administration
  • Errors in paperwork and evidence, such as missing signatures

Countering the specific facts of the case with witness testimony or other types of evidence is the basis of a strong defense. The rulings in these cases rest on finding a "preponderance of evidence," meaning that it is more likely than not that you were driving under the influence or meet other terms of your charges. This is a lower standard than the criminal requirement of proving a case "beyond a reasonable doubt," which is why building a defense is key.

Seek Legal Counsel From Attorney Margaret Teigen Steele

Traffic and DMV hearings require careful strategy and preparation. Attorney Margaret Teigen Steele represents clients across administrative hearings and DMV proceedings, along with the criminal court components of DUIs and related charges.

I value building long-term relationships with my clients, and your future success is extremely important to me.

You may picture criminal defense attorneys as confrontational and abrupt. I take a different approach—my focus is on helping you gain peace of mind, knowing your case is in experienced, dedicated hands.