After a DUI arrest in Colorado, you are entitled to a DMV hearing (also called an “express consent hearing“). This is an administrative trial where you can fight the state’s decision to revoke your driver’s license.
The DMV hearing is an entirely separate proceeding from your criminal case. Even if your criminal charges get dropped, your license will still be revoked if you lose the DMV hearing.
There is a limited amount of time to request a DMV hearing, so be sure to contact an attorney as soon as possible after your arrest. If the deadline passes with no request, your driver’s license revocation will kick in right away.
In this article, our Colorado DUI defense attorneys discuss the following key topics regarding DMV hearings:
- 1. What to Expect
- 2. DMV v. Criminal Cases
- 3. If You Win
- 4. If You Lose
- 5. Requesting a Hearing
- 6. Rescheduling the Hearing
- 7. Interpreters
- 8. Importance of DMV Hearings
- 9. Appeals
- 10. Fighting the Criminal Case
- Frequently Asked Questions
- Additional Resources
1. What to Expect
Colorado DMV hearings are like mini-trials. Though instead of being called the defendant, you are called the “respondent.”
First, the administrative hearing judge – also called the hearing officer – will go over the “Express Consent” package with you. This contains the police report, test results, and any other relevant information the state has included.
Then the judge will ask if there is any objection to admitting this packet into evidence. Depending on your case, your lawyer may choose to object.
At that point, the judge will swear in the officer(s) who wrote the police report. They will then recite what they observed during your traffic stop or accident and explain why they arrested you for DUI.
Your attorney can then cross-examine the officer(s). Your attorney can also introduce evidence and call witnesses. Afterward, the judge will revoke your driving privileges if they find that either:
- you drove under the influence of alcohol or drugs or with a blood alcohol content (BAC) of .08% or higher, and/or
- you refused to take a breath test or blood test following your arrest.
Most DMV hearings are conducted over Zoom, and everything is recorded. Your attorney can typically appear on your behalf.1
In Colorado, under-21 drivers can be arrested for driving with a BAC of only .02%.
2. DMV v. Criminal Cases
The primary difference between DMV hearings and criminal trials in Colorado is the burden of proof. It is a lot harder for you to win DMV hearings than criminal trials.
At a DMV hearing, the hearing officer will revoke your license if they find “by a preponderance of the evidence” that you were driving drunk or high. This is a much lower standard than in criminal trials, where the D.A. has the burden to prove your guilt “beyond a reasonable doubt.”
The other main difference is the potential consequences. All the DMV has the power to do is revoke your driving privileges. Meanwhile, criminal courts can impose jail, fines, and other penalties in addition to driver’s license suspensions.
Finally, there is no jury in DMV hearings, just the hearing officer. In criminal trials, you can choose to have a jury deliver the verdict.2
3. If You Win
If you win your Colorado DMV hearing, you keep your driver’s license pending the results of your criminal case. The only way to avoid a license revocation following a Colorado DUI arrest is to win both:
- the DMV case as well as
- the criminal case.3
Winning the DMV case but losing the criminal case will still trigger a license revocation.
DMV hearings are completely separate from criminal proceedings.
4. If You Lose
If you lose your Colorado DMV hearing, you will have your driver’s license revoked. The length of this revocation period depends on your specific DUI charge:
- First DUI: 9 months.
- Second DUI: 1 year.
- Third (or subsequent) DUI: 2 years.
However, you usually can continue driving during this revocation period as long as you have an ignition interlock device (IID) installed in your vehicle. Plus, if it is your first DUI, you might be eligible to get your IID removed after only four months.
The revocation period for refusing to take a breath test or blood test is harsher than for the DUI itself:
- First refusal: 1 year.
- Second refusal: 2 years.
- Third (or subsequent) refusal: 3 years.
Though two months into your revocation period, you may be able to continue driving with an IID in your vehicles.4
Note that first-time DWAI arrests do not trigger license revocations by themselves. Instead, they cause eight DMV points to be added to your driving record.5
The DMV may let you drive with a revoked license if you have an ignition interlock device in your cars.
5. Requesting a Hearing
You – or your attorney – must appear at a full-service driver’s license office in Colorado to make a DMV hearing request.
This request must occur within seven days of the DUI arrest if you took a breath test or refused to take a test. Otherwise, the request for a DMV hearing must occur within seven days of you receiving your blood test results (which may be weeks after the arrest).
When you go to the DMV to request your hearing, you should bring with you the Express Consent Affidavit and Notice of Revocation that you received from the arresting officer (or in the mail, if you took a blood test).
If you do not request a DMV hearing within the seven-day time period, you will have your license revoked on the eighth day.
The hearing will likely be scheduled within the next two months. For more information, call the DMV Hearings Office at 303-205-5606.6
6. Rescheduling the Hearing
You can ask the Colorado DMV to reschedule your hearing by submitting this reschedule request form. There is no guarantee the DMV will comply.
Under Colorado law, drivers give their “express consent” to take a breath or blood test following a DUI arrest.
7. Interpreters
The Colorado DMV does not provide foreign language translators. If you are a non-English speaker, you must bring your own translator who is at least 18 years old to the hearing.
The DMV Hearings Division does provide American Sign Language interpreters if you request one at least two weeks prior to the hearing date. Requests can be made through this online form.
8. Importance of DMV Hearings
Even though Colorado DMV hearings can be difficult to win, they are worth doing. They are an invaluable opportunity for your criminal defense attorneys to cross-examine the arresting officers.
Sometimes, the officers will admit to committing misconduct, such as administering the breathalyzer too early or giving bad instructions for the field sobriety tests. This may be enough for the hearing officer to find in your favor.
Even if you lose the DMV hearing, your attorney may be able to impeach the arresting officer during the criminal trial by using their testimony from the DMV hearing. In short, DMV hearings are good dry runs for the criminal case.
DMV hearings are an opportunity for you to cross-examine the law enforcement officers who arrested you.
9. Appeals
If you lose your Colorado DMV hearing, you can file an appeal in the local district court within 35 days of the decision. You must include a written copy of the hearing transcript, which the DMV does not provide. Therefore, you must both:
- Request an audio transcript from the DMV, and
- Have it transcribed by a legal transcriber.
An appeal is not a rehearing. Instead, the judge reviews the transcript to decide whether the administrative law judge was correct to revoke your driving privileges.7
10. Fighting the Criminal Case
Even though the DMV hearing is separate from the criminal trial in a Colorado DUI case, you can use many of the same defenses in both cases. Some of these include:
- The officer lacked reasonable suspicion to conduct the traffic stop;
- You had a medical condition that caused false breath testing results;
- Your blood sample was contaminated; and/or
- The breathalyzer was defective or not calibrated.
Learn more in our article, 20 Ways to Beat a Colorado DUI.
If you win the DMV hearing but lose the criminal case, your license will be revoked, and vice versa.
Frequently Asked Questions
How long do I have to request a DMV hearing after my DUI arrest?
You must request a DMV hearing within seven days of your DUI arrest if you took a breath test or refused testing. If you took a blood test, you have seven days from when you receive the blood test results. You must make this request in person at a full-service driver’s license office in Colorado.
What happens to my license if I lose the DMV hearing?
If you lose, your license will be revoked for 9 months (first DUI), 1 year (second DUI), or 2 years (third or more). However, you can usually keep driving with an ignition interlock device installed in your vehicle. For a first-time DUI, you may be able to remove the device after just 4 months.
Is the DMV hearing the same as my criminal court case?
No, they are completely separate proceedings. The DMV hearing only decides whether your license gets revoked. Your criminal case is handled in court and can result in jail time, fines, and other penalties. You must win both cases to avoid any license revocation.
Can I win my DMV hearing even if the evidence seems strong against me?
Yes, it is possible. Your attorney can cross-examine the arresting officer and may uncover police misconduct, breathalyzer problems, or procedural errors. Even if you lose, the hearing helps your attorney prepare for your criminal case by learning what the officer will say in court.
What if I cannot attend my scheduled DMV hearing?
You can request to reschedule by submitting a reschedule request form to the Colorado DMV, but there is no guarantee they will approve it. Your attorney can typically appear on your behalf.
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 in cases where you face a license denial, suspension, cancellation, or revocation.
- 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 reinstate your driver’s license.
Legal References
- CRS 42-2-126; Hearings Division at the Colorado Department of Revenue – Division of Motor Vehicles. See, for example, Jansma v. Colo. Dep’t of Revenue (Colo. App. 2023) 536 P.3d 859.
- Same; CRS 42-4-1301.
- CRS 42-2-127; Jackson v. Dept. of Rev. (Colo. App. 1990) 791 P.2d 1206.
- CRS 42-2-125; Ignition Interlock Restricted License – Colorado DMV.
- CRS 42-2-127.
- Frequently-Asked-Questions – Colorado DMV; CRS 42-2-126; Kelley v. Dept. of Rev. (Colo. App. 1989) 780 P.2d 67.
- Hearings Division at the Colorado Department of Revenue – Division of Motor Vehicles. SB21-055.