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.
Colorado DMV Hearings
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 include facing a license suspension or revocation following a DUI or for accumulating too many demerit points. Even if you win a DUI criminal case, the DMV can still suspend your license.1
How To 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 the Attorney General’s 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
The Costs of Appeals
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.
Driving While Appealing
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.
Grounds for 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
Hire 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.
Frequently Asked Questions
How long do I have to appeal a Colorado DMV hearing decision?
You have exactly 35 days from the date the Division of Motor Vehicles issues its final decision to suspend or revoke your license to file an appeal. This is a strict statutory deadline. If you file your Complaint for Judicial Review after this 35-day window, the district court will dismiss your case and you will permanently lose your right to appeal.
Is a DMV appeal just a second hearing?
No. A DMV appeal (officially known as a judicial review) is not a “do-over” or a new trial. You cannot introduce new witnesses, testify again, or submit new evidence. Instead, a district court judge will review the written transcripts and evidence from your original DMV hearing to determine if the hearing officer made a legal error, abused their discretion, or acted arbitrarily.
Can I drive while my DMV appeal is pending?
Filing an appeal does not automatically pause your license suspension. To legally drive while your case is under review, you must file a motion with the district court requesting a “stay” of the suspension. If the judge grants the stay, your driving privileges will be temporarily reinstated until the court reaches a final verdict on your appeal.
How much does it cost to appeal a DMV license suspension in Colorado?
The initial filing fee to submit a complaint for judicial review in a Colorado district court is $265. If you cannot afford this filing fee, you can submit a motion (JDF 205) asking the court to waive the costs based on financial hardship. Remember that you will also have to pay out-of-pocket to have the official transcript of your DMV hearing produced.
What happens if the district court judge rules in my favor?
If the judge finds that the DMV hearing officer made a mistake of law, exceeded their authority, or acted arbitrarily, they will reverse the DMV’s decision. The court will then send the judgment back to the Division of Motor Vehicles with an order to reinstate your driving privileges.
Do I have to notify the DMV that I am suing them?
Yes. When you file your appeal in district court, you are legally required to serve formal notice to both the Colorado DMV Hearings Division and the Colorado Attorney General (who acts as the DMV’s legal counsel). You must send them a copy of your complaint, summons, and cover sheet via certified mail or through a process server within 14 days of opening your court case.
Can I appeal again if I lose in the district court?
Yes. If the district court judge affirms the DMV’s decision to suspend your license, you have the right to escalate your case further by filing an appeal with the Colorado Court of Appeals. Because this level of litigation involves highly complex procedural rules, it is strongly advised to have an experienced defense attorney represent you.
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.
Legal References
- C.R.S. 42-2-135. C.R.S. 24-4-106. Colorado DMV Hearings Division. DMV Appeals in Colorado State Courts. See also Moore v. Colorado Department of Revenue (Colo. App. 2026) No. 24CA1735.
- Same.
- List of Fees, Colorado Judicial Branch.
- See also Edwards v. Colo. Dep’t of Revenue (Colo.App. 2016) 406 P.3d 347; Stackpool v. Colo. Dep’t of Revenue (Cool.App. 2021) 507 P.3d 100.
