Legal Question in DUI Law in Colorado

How can this be legal??

I just want to know how it is legal for the DMV to revoke you driving privilages when you haven't been convicted of any crime? They say that the DMV hearing and the Courts are two seperate decisions, but if the judge adds points during the sentencing they you will lose you licenes for the perscribed time. Although if you are found not guilty it changes nothing about you driving privilages, no matter what the court findings are. So how is this legal? It would be similar to one man sentencing another man before the benifit of a trial. Either way its reciving a punishment before you are tried.


Asked on 8/01/06, 5:43 am

1 Answer from Attorneys

Jason Savela The Savela Law Firm, PC

Re: How can this be legal??

Well, it has been argued to the Colorado Supreme Court and they found it OK, so that is it. But, the reasoning goes that driving on the roads in Colorado is a privilege, not a right. In allowing you to drive on Colorado roads, you must expressly consent to the laws of Colorado, specifically the DUI and DMV laws. These laws allow a hearing (protects due process) to make sure things are fair.

These hearings can be won. If you have recieved a DUI and notice of revocation, request a hearing, without the cop, and we can try to win your case.

Call if you want representation. You should also check out my website.

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Answered on 8/01/06, 11:55 am


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