You may appeal the Colorado DMV‘s decision to suspend or revoke your driver’s license. The appeals process requires filing a complaint with the local district court within 35 days of the DMV hearing decision.
Ultimately, the district court judge will review the DMV transcript and legal briefs to determine whether to affirm the DMV’s decision or to reinstate your driver’s license.
What is a Colorado DMV hearing?
DMV hearings are where you can contest the DMV’s decision to suspend or revoke your license. If you are facing a license suspension or revocation, you are entitled to a hearing as long as you request one. Otherwise, the DMV will automatically suspend your license without a hearing.
DMV hearings are administrative, not criminal. They are presided over by a hearing officer, not a criminal judge. While the DMV hearing is pending, you may continue driving.
Common reasons to request DMV hearings are because you are facing a license suspension or revocation following a DUI or from accruing too many demerit points. Even if you win a DUI criminal case, the DMV can still suspend your license.1
How do I appeal?
There are five basic steps for appealing a Colorado DMV hearing decision:
- Complete and file a complaint for judicial review and a case cover sheet with the local district courthouse within 35 days of the DMV’s decision.
- Within 14 days of filing the complaint, send by certified mail a copy of the complaint, cover sheet, summons, and Transcript Request Form to the Colorado DMV at Hearings Division, 1881 Pierce Street, STE 106, Lakewood, CO 80214. Also send a copy of the complaint, summons, and cover sheet to the Colorado Attorney General at 1300 Broadway, 10th Floor, Denver, CO 80203.
- File a certificate of mailing with the district court, showing them that the DMV and Attorney General have been notified. Meanwhile, the DMV will send the district court any exhibits from the DMV hearing, called the “record on review.”
- Within 42 days of the record on review getting certified, compose and file with the court an opening brief. This contains all the arguments why the DMV’s decision should be overturned. Also give a copy to the prosecutor. The prosecutor then has 35 days to file an “answer brief” arguing to uphold the DMV decision. You then have 21 days to file with the court a reply brief to rebut the prosecutor’s arguments. Give a copy of the reply brief to the prosecutor as well.
- The district court judge will review the briefs and record on appeal and render a decision. If the court affirms the DMV’s decision, you can appeal the case once more to the Colorado Court of Appeals.
Note that another option for serving the DMV and Attorney’s General Office is to hire a process server. If you do, fill out the first four sections of the affidavit of service, and give it to the process server along with the complaint, cover sheet, and summons. They will complete the remainder of the affidavit of service and should file it with the court.2
How much does it cost?
The filing fee for appealing a Colorado DMV decision is $265. However, you can ask the court to waive this fee by filing a motion to waive the fee and a proposed order along with the complaint.3
Colorado DMV appeals filed after the deadline may be dismissed.
Can I drive while my appeal is pending?
I would need to file a motion with the Colorado district court requesting a stay of the license suspension pending the appeal. If the district court grants the motion, you can continue driving until the court decides.
On what grounds can I win a DMV appeal?
In my experience, a Colorado district court judge will reverse the DMV decision and reinstate your license if it finds that either:
- The hearing officer’s decision was arbitrary or capricious;
- The hearing officer exceeded their legal authority;
- The hearing officer misinterpreted the law (“mistake of law”); and/or
- The hearing officer’s decision was not supported by evidence (“mistake of fact”).4
Do I need an attorney?
Hiring experienced counsel when appealing a Colorado DMV hearing decision is highly recommended. Plus, chances are higher that the district court judge will take the appeal seriously if an attorney wrote the briefs.
Additional Resources
For more information, refer to these official Colorado DMV websites:
- The DUI Process – A general overview of the DMV’s role in DUI cases.
- DUI Administrative Process – A step-by-step summary of DMV hearings and how they work.
- Alcohol DUI – General overview of Colorado DUI laws.
- SR-22 and Insurance Information – Information on when you need to obtain proof of financial responsibility as a condition of reinstating your license.
- Reinstatements – Instructions on how and when to resinstate your driver’s license.
