As Denver DUI attorneys have been saying for years, the hearing officers at the Colorado DMV are anything but neutral!
When a person is accused of driving under the influence, they are subjected to what is known as an Expressed Consent hearing. Expressed Consent refers to the law wherein a driver on Colorado's roadways has, by virtue of driving in Colorado, already given consent to participate in a chemical test of their blood or breath if a police officer has probable cause to believe that they are driving under the influence.
The hearing takes place at one of several DMV offices throughout the State of Colorado. Motorists are entitled to present a defense to the allegations. The problem is that while the process calls for a neutral judge, the hearing officers clearly are not neutral. Evidence of this can be found in this Fox 31 story
. Multiple DUI defense attorneys in the Denver area have their names associated with derogatory passwords used by these less-than-neutral hearing officers.
Additional passwords such as "AppealMe" indicate that regardless of the merits of a given argument presented by defense counsel, the results of the hearing are a foregone conclusion. They plan to revoke the motorist's license and any actual justice will only come from a costly appellate process.
Colorado DUI defense attorneys have known this for years and have been asking for just this kind of investigation. Now, the bias is evident and hopefully changes will be made.