People commonly ask us what happens if I missed my EC hearing? People accused of DUI realize that Colorado DUI laws are tough. If you refuse a blood or breath test or have a BAC of 0.08 or above, you will receive an Express Consent Affidavit and a Notice of Revocation.
What do these two forms mean to you?
It means that the DMV will suspend your driver’s license unless you do something to stop it. After you receive an Express Consent Affidavit, you have seven days to request an EC hearing. If you do not request this hearing, DMV will suspend your license on the 8th day. Additionally, if you chose to take a blood test and the BAC result was 0.08 or greater, DMV will mail the affidavit and notice instead. If you receive the revocation notice by mail, you will have 10 days from the letter’s date to request a hearing. If you don’t request the hearing in time, you will lose your license on the 11th day.
Failing to Request & Missing Your Hearing
There is a narrow timeframe to request an express consent hearing. If you fail to request a hearing on time, you can ask your local DMV about submitting a Request for a Late Hearing. On this request, you must explain why you did not request your EC hearing. You must include your case number and identifying information. DMV may consider severe illness, incarceration, etc when reviewing your request. While requesting your hearing is important, attending the hearing is even more critical to your future driving privileges.
It may surprise you to learn how many people forget to attend their EC hearing throughout Colorado. Many people fail to attend due to a sudden emergency. The problem is that EC hearings will go on without you there. If you do not show up, the hearing officer will rule as if you were in attendance. In other words, it’s a loss by default.
Losing your EC hearing, present or not, can result in:
- a 9-month revocation for BAC result of 0.08 or greater (first offense),
- a 12-month revocation for refusal of the test (first offense)
Whereas requesting a late hearing may get you a hearing, failing to show up is essentially the end of the line. There are no second chance rules for missing a scheduled hearing. Your only option may be to request an appeal against the hearing officer’s ruling. For the experienced help you need, contact a Denver DUI attorney from Sawyer Legal Group today.
