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Your Constitutional Rights at Drivers License Hearings
One of the most challenging aspects of a Colorado DUI case is the hearing with the Department of Motor Vehicles (DMV) to attempt to protect your driving privileges. Up until recently, Colorado lawyers had been unable to challenge these hearings on grounds that DUI officers had violated our clients’ 4th Amendment rights. Specifically, the DMV hearing officers would ignore a motorist’s constitutional right to remain free from an unreasonable search and seizure.
Fortunately, John Buckley and other attorneys from the Colorado Criminal Defense Bar were able to address the Colorado legislature and get a new law enacted that restores this crucial constitutional challenge to the DMV hearing process. Now, if a police officer stops a DUI suspect for unconstitutional reasons, your lawyer can raise this issue and the hearing officer must consider the grounds for your seizure before considering other evidence about your DUI allegations.
Please remember, if you have been charged with a DUI, you must request your hearing with the DMV within 7 days of the date of your arrest. If you fail to do so, you have waived your right to your hearing.