Timothy Kelly & Associates, LLC  -  Attorneys & Counselors at Law
       600  17th Street, Suite 2800 South, Denver, Colorado 80202;   303.820.0840


Colorado DMV Rights

Fight to save your license!  If you drive after losing your license, you may have to pay a $10,000.00 bond to get out of jail.  You also will face a minimum 30 days in jail as a sentence.


If you are here on a visa, you could be deported, if you drive without a license.

What can I do to save my license?

  1. First and foremost, hire an experienced attorney.  There are many factors to consider.
  2. Request a DMV hearing and request the officer's presence at the DMV hearing.  It will give you a preview of a trial, a rarity in criminal cases.  The officer who signed the affidavit and notice of hearing must show up and justify the revocation.  Other officers may be subpoenaed.  If you surrender a valid license, you may drive until your hearing.
  3. Retest the blood sample.  Initial testing errors may save your license.
  4. Investigate the adequacy of the stop.  The officer must have had a reasonable suspicion that a crime or traffic infraction was being committed.
  5. Investigate the adequacy of the arrest and request for a test.  The officer must have developed a reasonable belief that you were impaired by alcohol.
  6. Check the times of events.  Officers must perform the tests within certain guidelines.
  7. Check the labeling of the sample.  It must be identified as being yours.
  8. Attend the motor vehicle hearing.  Listen for fabrications and other errors.
  9. If your BAC is 0.17 or higher, you may be required to use an interlock for two years.
  10. If you took a test and if it is a first offense, you may qualify for a probationary license after 30 days.  For cases with date of offense on or after 01/01/09, you may obtain an interlock license after one month.

Your Rights in Court     Colorado Criminal Procedure


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Copyright 2009 Timothy Kelly & Associates, LLC - Attorneys & Counselors at Law
Last modified: 02/28/11