What is the Process for a DMV Appeal?

Has your driver’s license been suspended or revoked? The Colorado Department of Revenue’s Division of Motor Vehicles (DMV) can suspend or revoke a person’s driver’s license for many different reasons, including both traffic offenses and offenses related to driving under the influence (DUI) or driving while ability impaired (DWAI). In general, DMV suspensions and revocations typically occur in connection with DWAI or DUI arrests, violation of Colorado’s express consent law (i.e., refusal to take a chemical test), conviction for vehicular assault or vehicular homicide, driving without insurance, habitual traffic offenses and/or excessive points on your license, or driving on a license that has already been suspended or revoked.

When you are facing a suspension or revocation, you may be able to appeal following a DMV hearing that did not have an outcome favorable to you. The DMV appeals process can be lengthy and complicated, so it is important to have an experienced attorney on your side. In the meantime, we can provide you with more information about what to expect in the DMV appeals process.

Start Your Appeal 

Your DMV appeal must be filed in the Colorado county you live in, and it must be filed within 35 days of the date of the DMV’s decision to suspend, revoke, deny, or cancel your driver’s license. To start your appeal, you will need to complete four forms, including your official Complaint, a District Court Summons, a Case Cover Sheet, and Affidavit of Service. You will then need to file those forms and pay the filing fee with the clerk of court.

While completing and filing these forms may seem relatively straightforward, the material contained within them is what will determine the outcome of your case. Accordingly, it is extremely important to work on your DMV appeal from the start with an attorney who has experience handling cases like yours.

Formally Notify the DMV and Attorney General 

Next, you will need to provide formal notification of your appeal to the DMV and Attorney General, providing copies of the forms you filed with the court.

Receive Court’s Written Ruling or Order 

The next stage of the DMV appeal is for the district court judge to review all of the information you have filed, along with the DMV file if the judge requests it. The judge will also review the transcript from the DMV hearing. It is essential to know that there will not be a new hearing. As the DMV explains, the district court judge will issue a written ruling or order based on the materials you filed in your appeal and existing documentation. You will then receive a copy of the district court judge’s ruling or order.

If necessary, and in some cases, it may be possible to appeal further to the Court of Appeals.

Contact a Denver DMV Appeals Attorney 

Are you facing a driver’s license suspension or revocation? If you do not appeal and your driver’s license is suspended or revoked, it can have a significant effect on your ability to work, to care for your family, and on your general well-being. An experienced Denver DMV appeals lawyer at DeChant Law can speak with you today about your case, and we can begin working with you on your DMV appeal. We have years of experience representing clients in Denver and Brighton in DMV hearings and DMV appeals, and we are here to assist you. Contact us to begin working on your appeal.

Source:

coloradojudicial.gov/topic/96/division-motor-vehicles-dmv-appeals