"I appreciate you taking my call yesterday and I slept much better last night after speaking with you. JN"

"Endorsement from lawyer, John Buckley, Denver (CO). Gary Pirosko is not only a leader in the Colorado community of DUI defense attorneys but also one of the national experts in this arena. If I have a practice question, Gary is on the short list of resources I contact. His knowledge is not only based on his extremely professional representation of his clients but also his past positions as a former prosecutor and deputy sheriff.

“Congrats my friend. This honor is well deserved!” FD.

“This is a beautifully presented piece of excellent information. Thank you so much for taking the time to respond!” MO - Criminal defense attorney

DMV License Hearing Timeline for a first time DUI Case  (This applies to Colorado and non-Colorado drivers)

If you took a breath or blood test and the result was under .08.

·         You are not subject to an express consent hearing.  However, you may be subject to a points suspension hearing at the conclusion of your DUI case in the courts.                                                                                                                                           

If you took a breath test and the result was .08 or higher.

·         The officer will usually seize your driver’s license and issue you a 7 day permit.   

·         The officer should give you a yellow Notice of Revocation entitled "Express Consent Affidavit." (The 7-day permit)  If you had a valid driver’s license when you were arrested, this Affidavit should serve as a valid driver’s license for the next seven (7) days.  Note that some officer forget to issue you this Notice and some officers intentionally destroy your copy. 

·         If you took a breath test and the results were .08 or above, and you did not receive the 7-day permit, CALL ME IMMEDIATELY.

·         You must take the Affidavit to DMV within 7 days to request an Express Consent hearing.  Always ask for this hearing no matter what anyone else tells you.

·         DMV will issue you a temporary driving permit good for 60 days or until the date of your express consent hearing.

·         DMV will mail you notice of your hearing date, time and location.

·         Always consult an attorney before you go to DMV to request the express consent hearing.  The attorney can counsel you on whether you should ask DMV to subpoena the arresting officer to the hearing.

·         Make sure DMV has your correct address because they will send the Notice of the hearing date and time to the address on your license.

·         After you have requested your express consent hearing your administrative case information will be in the DMV computer system.  I will provide you with a “Self Authorization” form.  (This is a form developed in-house by Pirosko Law so many DMV employees and other attorneys will not be familiar with it.)  You can fax the Self Authorization form to DMV.   

·         When DMV receives this form they will mail you a free police report (an “Express Consent Packet” or “EC Packet) in about two (2) weeks. 

·         I will review the EC packet for free and discuss your case with you in detail for free.  There is no need for you to pay another attorney hundreds of dollars to get your report, and many attorneys will not tell you this!

·         Your express consent hearing will be scheduled approximately 45 to 60 days after you request the hearing.  It is essentially impossible to reschedule this hearing once it is set.  If you lose the express consent hearing you will lose your driving privileges that day and you will not be allowed to drive home from the hearing.

·         I often can represent you at the express consent hearing without your presence.

·         At your express consent hearing, if DMV finds you were driving  with .08 or higher alcohol content, your license will be revoked for one (1) month followed by eight (8) months of driving with an interlock device (a breath machine) for up to 8 months on a first offense.  A revocation of your driving privilege is separate from any criminal charges in court for DUI or DWAI. The criminal case and the DMV administrative case are independent cases.  Winning or losing one does not mean you will win or lose the other.  Pleading guilty to a reduced offense in court will not save your license if you already lost the Express Consent hearing.

·         If you took a blood or breath test and the results were .170 or more and you lose your express consent hearing you will be required to have an interlock device installed in your car for a minimum period of two (2) years after you get your driver’s license back.

If you took a blood test and the result comes back from the lab over .08.

·         DMV will mail you a letter of revocation in about three (3) weeks alleging that your BAC was .08 or more and that your license will be revoked.

·         You have 7 days from receiving the letter (10 days from the postmark) to take that letter along with your license to the DMV to request an Express Consent hearing.

·         Take your license and the letter to DMV within seven (7) days and request an express consent (EC) hearing.

·         DMV will issue you a temporary driving permit good for 60 days or until the date of your hearing.

·         In about thirty (30) days, DMV will mail you notice of your hearing date.

·         Always consult an attorney before you go to DMV to request the express consent hearing.  The attorney can counsel you on whether you should ask DMV to subpoena the arresting officer to the hearing.

·         Make sure DMV has your correct address because they will send the Notice of the hearing date and time to the address on your license.

·         After you have requested your express consent hearing your administrative case information will be in the DMV computer system.  I will provide you with a “Self Authorization” form.  (This is a form developed in-house by Pirosko Law so many DMV employees and other attorneys will not be familiar with it.)  You can fax the Self Authorization form to DMV.

·         When DMV receives this form they will mail you a free police report (an “Express Consent Packet” or “EC Packet) in about two (2) weeks.

·         I will review the EC packet for free and discuss your case with you in detail for free.  There is no need for you to pay another attorney hundreds of dollars to get your report, and many attorneys will not tell you this

·         Your express consent hearing will be scheduled approximately 45 to 60 days after you request the hearing.  It is essentially impossible to reschedule this hearing once it is set.  If you lose the express consent hearing you will lose your driving privileges that day and you will not be allowed to drive home from the hearing.

·         I often can represent you at the express consent hearing without your presence.

·         At your express consent hearing, if DMV finds you were driving  with .08 or higher alcohol content, your license will be revoked for one (1) month followed by eight (8) months of driving with an interlock device (a breath machine) for up to 8 months on a first offense.  A revocation of your driving privilege is separate from any criminal charges in court for DUI or DWAI. The criminal case and the DMV administrative case are independent cases.  Winning or losing one does not mean you will win or lose the other.  Pleading guilty to a reduced offense in court will not save your license if you already lost the Express Consent hearing.

·         If you took a blood or breath test and the results were .170 or more and you lose your express consent hearing you will be required to have an interlock device installed in your car for a minimum period of two (2) years after you get your driver’s license back.

If you refused to take a blood or breath test.

·         The officer will usually seize your driver’s license and issue you a 7 day permit.

·         The officer should give you a yellow notice entitled "Express Consent Affidavit." If you had a valid driver’s license when you were arrested, this Affidavit should serve as a valid driver’s license for the next seven (7) days. Note that some officer forget to issue you this Notice and some officers intentionally destroy your copy. 

·         If you refused a blood or breath test (or the officer alleges you refused a test) and you did not receive the 7-day permit, CALL ME IMMEDIATELY.

·         You must take the Affidavit to DMV within 7 days to request an Express Consent hearing.  Always ask for this hearing no matter what anyone else tells you.

·         DMV will issue you a temporary driving permit good for 60 days or until the date of your express consent hearing.

·         DMV will mail you notice of your hearing date, time and location.

·         Always consult an attorney before you go to DMV to request the express consent hearing.  The attorney can counsel you on whether you should ask DMV to subpoena the arresting officer to the hearing.

·         Make sure DMV has your correct address because they will send the Notice of the hearing date and time to the address on your license.

·         After you have requested your express consent hearing your administrative case information will be in the DMV computer system.  I will provide you with a “Self Authorization” form.  (This is a form developed in-house by Pirosko Law so many DMV employees and other attorneys will not be familiar with it.)  You can fax the Self Authorization form to DMV.   

·         When DMV receives this form they will mail you a free police report (an “Express Consent Packet” or “EC Packet) in about two (2) weeks. 

·         I will review the EC packet for free and discuss your case with you in detail for free.  There is no need for you to pay another attorney hundreds of dollars to get your report, and many attorneys will not tell you this!

·         Your express consent hearing will be scheduled approximately 45 to 60 days after you request the hearing.  It is essentially impossible to reschedule this hearing once it is set.  If you lose the express consent hearing you will lose your driving privileges that day and you will not be allowed to drive home from the hearing.

·         I often can represent you at the express consent hearing without your presence.

Non-Colorado licenses

·         If you were arrested in Colorado for DUI and you had a non-Colorado license, call me immediately.

Trying to decide which attorney to hire for your DUI case or traffic ticket?

 http://www.avvo.com        http://www.superlawyers.com     Super%20lawyer%20Article.pdf

303-522-2220 gary @piroskolaw.com

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