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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26857
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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We are, Colorado and my 18 year old son got a dui for .03

Customer Question

We are for Loveland, Colorado and my 18 year old son got a dui for .03 alcohol. He was pulled over for no headlights on and then the policeman added not staying in his lane. He had to turn in his license and get a temporary license pending a hearing from the DMV. We paid the ticket and now we don't know what to expect for the hearing with the DMV. What will they ask and what is our best approach.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


In Colorado, when you're arrested for a DUI there are two different procedures that have to be followed. If you want to fight the suspension of a license, you can get an administrative hearing with the DMV. This hearing doesn't make a determination of guilt or innocence. It looks at whether the police followed proper procedure and had probable cause to suspend his license. The issues that would get examined at such a hearing are whether the officer had a legitimate basis for the stop and for the arrest, whether the breathalyzer test was administered correctly and whether the machine was functioning properly, and whether the police advised your son properly of his rights, as they applied under the facts and circumstances of his case.

If he gets his license back by winning the hearing, the case is not over. He still has to deal with the second part of the case, which is the misdemeanor charge against him.

In either venue, an 18 year old should not be fighting a criminal matter without a lawyer.