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DMV hearings: When can a license be suspended?

Two years ago, a 14-year-old Colorado boy was killed by an 81-year-old driver. In addition to driving drunk, there was evidence that the woman and her family had been concerned about her ability to drive due to her age. After discussions about her ability to drive, it was determined that she would only drive short distances during the day, and her family assisted her at night or for long journeys. Naturally, some inquired for reasons why authorities did not intervene and revoke the woman's license after concerns were raised. In cases such as this one, license revocation and reissuing occurs through DMV hearings.

There is a misconception that law enforcement can revoke drivers licenses, but only the Colorado Department of Motor Vehicles has the right to issue and revoke them. Although they cannot revoke a license, concerned officers can seize a license and file revocation proceedings with the DMV under specific circumstances. In cases where there is a concern about a senior person's ability to drive, a new driver's test can be performed to reissue a license or revoke a current license.

In other cases, officers may have had other concerns that led them to seize a license and begin the revocation process with the DMV. A driver may have refused to take a blood or breath test when suspected of drunk driving. In addition, if a driver's blood alcohol concentration level is recorded at a specific level or higher, the driver will likely have to attend a DMV hearing. In some cases, an officer may issue a temporary seven-day license until a hearing can occur.

Because maintaining a driver's license is vital to most individuals in Colorado to work, live and function in their daily lives, a license revocation can affect an individual's quality of life. Some find a Colorado criminal defense attorney to be helpful through DMV hearings. In addition to offering advice through the hearings, attorneys can also advise and assist with regard to any criminal charges that are pending.

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