Colorado Springs DUI License Revocation & DMV Hearing Lawyers
Serving the state of Colorado
Serving the state of Colorado
When you need legal help, Mark Hanchey and Ben Peterson are here to guide you through it all. One step at a time. Reach out today for legal support. Get The Law Firm of Mark S. Hanchey and Ben Peterson fighting for you
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A Colorado impaired-driving arrest can start two separate cases: a criminal court case and an administrative driver’s-license case. The DMV process moves quickly and may continue even when the criminal charge is reduced or dismissed. The Law Firm of Mark S. Hanchey and Ben Peterson helps drivers in Colorado Springs understand express-consent revocation notices, request hearings on time, and challenge the evidence supporting a loss of driving privileges.
See our guide to Colorado DUI laws for offense definitions, BAC rules, and criminal penalty ranges that may accompany the DMV case.
Colorado’s express-consent law applies when an officer has probable cause to believe a person drove under the influence or while impaired. Depending on the circumstances, a refusal or a test result at or above the applicable limit may trigger administrative revocation. This process is separate from any sentence imposed in court.
The issues can include whether the officer had a lawful basis for the stop or contact, whether probable cause existed, whether the required advisement was given, whether a test was completed or refused, and whether testing and paperwork complied with the law. The available arguments depend on the record from the stop.
A driver who receives an express-consent notice generally has seven days to request a DMV hearing. Missing that deadline can result in revocation without a contested hearing. The notice and temporary permit should be reviewed immediately, because the method of testing and service of the notice can affect the procedure.
At the hearing, the officer may testify and documents or test records may be offered. Counsel can review the file, question witnesses, raise legal objections, and present relevant evidence. A hearing is not a second criminal trial, and the burden and issues are narrower than in court.
Some drivers may qualify for early reinstatement with an ignition-interlock-restricted license after meeting eligibility requirements. Those requirements can include enrollment in alcohol education or treatment, proof of insurance, fees, installation of an approved interlock device, and compliance with any waiting period. A refusal, prior history, underage status, or commercial license can change the rules.
Do not drive until the DMV confirms that you are legally authorized. Driving under restraint can create a new charge and make the licensing problem worse. Keep copies of every notice, test result, reinstatement document, and interlock record.
The same stop may produce evidence used in both proceedings, including body-camera video, dash-camera video, roadside observations, statements, field sobriety exercises, and chemical-test records. A result at the DMV does not automatically control the court case, but testimony and records from one proceeding may affect strategy in the other.
Because the timelines overlap, the defense should coordinate the hearing request, discovery review, court dates, and any application for restricted driving. Commercial drivers and service members may also face employment or administrative consequences beyond the ordinary license revocation.
A driver’s-license revocation is often only one part of the problem. The firm also defends related traffic allegations, including driving under restraint, reckless driving, careless driving, careless driving causing injury or death, and speeding tickets. These matters can affect driving privileges, employment, insurance, and a person’s record in addition to any court-imposed penalties.
We also represent drivers in alcohol- and drug-related cases, including DUI and DWAI, DUID, and matters involving juvenile drivers. When a stop creates both a court case and a DMV case, coordinating the two proceedings can help avoid missed deadlines and inconsistent strategy.
If a DUI arrest has put your license at risk, contact the Law Firm of Mark S. Hanchey and Ben Peterson for a free consultation. We can review the notice, confirm the immediate deadline, and explain the options for a hearing, reinstatement, restricted driving, and the related court case.
Frequently Asked Questions About DUI and Traffic Matters in Colorado Springs
Here are some common questions people have about DUI charges and traffic matters in Colorado Springs:
DUI (Driving Under the Influence) in Colorado means your Blood Alcohol Content (BAC) is 0.08% or higher, or you are substantially incapable of operating a vehicle. DWAI (Driving While Ability Impaired) means your BAC is above 0.05% but less than 0.08%, or your driving is less careful than an ordinary person due to alcohol or drugs. DWAI carries less severe penalties than DUI but is still a serious offense.
Be polite and cooperate by providing your license and registration. You have the right to refuse roadside maneuvers (field sobriety tests) and preliminary breath tests. If arrested, you must submit to a blood or breath test, or face automatic license revocation under Colorado’s Expressed Consent Law. The most crucial step is to remain silent about the facts of the case and contact a qualified DUI defense lawyer immediately.
Yes, an experienced traffic defense attorney can help you navigate the process of reinstating a suspended or revoked license. This often involves representing you at DMV hearings, addressing underlying traffic offenses, and ensuring all legal requirements for reinstatement are met, including filing SR-22 insurance or completing necessary programs.
Penalties for a first-time DUI in Colorado can include mandatory jail time (5 days to 1 year, though often suspended or probationary), significant fines, public service, mandatory alcohol education classes, and a license suspension. The court may also require an ignition interlock device upon reinstatement. A strong defense is critical to mitigating these consequences.
Hanchey has been amazing through the whole process of my case I have to say, he set my mind at ease through the whole process. I highly recommend him any day. He has gone above and beyond for me making sure I know everything.