Vikings Linebacker Arrested for 2nd DUI in 2 Months

Last week Minnesota Vikings linebacker, Erin Henderson, was arrested for suspicion of DUI for the second time in less than two months.  Henderson’s first arrest came on November 19.  In his first DUI case, Henderson was also charged with a drug charge.  Henderson lost his driving privilege as a result of that case.  In his most recent DUI case, Henderson was charged with four counts, including marijuana charges and driving under revocation.

In Colorado, when a person is charged with DUI, the DMV will initiate an action against the person’s driving privilege.  This action is considered to be civil in nature and is completely separate from the DUI case filed in state court.  Because it is a separate action, DMV can revoke your driving privilege before you plead guilty or are otherwise convicted of anything in court.  This is not to say that DMV has the authority to summarily revoke your driving privilege.  You are entitled to a hearing.  It is important to note that you must request that hearing in a timely fashion in order to get a hearing.  If you do not timely request a hearing, then you are deemed to have given up your right to a hearing.  The timeframe to request a hearing will depend on the circumstances of your case.

Henderson’s attorney indicated that they were appealing the license revocation.  In Colorado, the fact that Henderson is appealing the revocation would likely not be a defense to the driving under revocation charge.  It may be a defense if the appellate judge granted a stay, temporarily giving Henderson his license back while the appeal is pending.

The interaction between the DUI charge in state court and the DMV hearing can be complicated and while the two actions are separate, the result in onecould have an impact on the other.  If you or a loved one has been charged with a DUI and received paperwork regarding license revocation, it is important to contact an attorney. Please contact us for a free consultation.