Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
If you do not have an attorney, you can request a DMV hearing yourself by taking the following steps.
Step 1: Do not delay
If the police confiscated your driver’s license after your arrest, you have only seven days from the date of your arrest to request a DMV hearing.
If the police did not confiscate your license, then within a few weeks the DMV may mail you a letter informing you that your license will be revoked. You have only 10 days from the date this letter is sent to request a DMV hearing.
Once the time limit has passed without you requesting a DMV hearing, the DMV will automatically revoke your license. (If this happens, do not worry: You may still be able to continue driving with an ignition interlock device.)1
Step 2: Submit the DMV hearing request
Go to mydmv.colorado.gov. Click on “Driver/ID Services” and select “Request a Hearing.” Then fill in the requested information, such as your name, address, etc.
Have handy the Express Consent Affidavit and Notice of Revocation paperwork the police gave you when they confiscated your driver’s license. If the police did not take your license, then the DMV would have mailed you this paperwork a few weeks after your arrest.2
Step 5: Get an IID restricted license if necessary
If you lose the DMV hearing, ask the hearing officer for an ignition interlock restricted license. This allows you to continue driving during your driver’s license suspension as long as you have an ignition interlock device (IID).
Note that even if you win the DMV hearing, the DMV will still revoke your license if you lose the criminal case (which is entirely separate from the DMV case). This is another reason why having private counsel is strongly advised.5
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.