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Administrative Review Hearing in Colorado

In addition to a criminal proceeding, individuals arrested for DUI/DWAI or who refuse to take a breathalyzer must go through an administrative review DMV hearing. These hearings must be requested seven days after the arrest/refusal and a failure to attend may result in automatic driver’s license suspension.

At the hearing an employee of the Colorado DMV will look at the arrest record, the results of the BAC, and the reason for the traffic stop to determine if the state will revoke the drivers license and if so for how long and what conditions must be met for reissuance.

The following issues are likely to be raised at the trial:

  1. Did the individual drive the vehicle?
  2. Was the individual legally stopped/arrested?
  3. Was BAC above the legal limit?

In addition, if a chemical test was taken the following issues are also likely to be raised:

  1. Whether the officer had a reasonable belief that you were under the influence,
  2. Whether the arrest was lawful, and whether a properly conducted chemical test indicated that the driver had a BAC of above the legal limit.

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