"DMV Hearings" in Colorado DUI Cases

DMV Hearings in DUI Cases: Can I Win?

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In a Colorado DUI case, the DMV hearing (also called an express consent hearing) is an administrative proceeding to determine whether the state will suspend your driver’s license. The DMV hearing must be requested

within 7 days of the DUI arrest in the case of a breath test or a test refusal, or
within 7 days of receiving the blood test results in the case of a blood test.

The DMV hearing is a separate proceeding from the criminal case that takes place in the court system.

A first-time DUI carries a 9-month revocation, though you can usually get early reinstatement if you drive with an ignition interlock device.

Colorado DUI process flowchart
In this article, our Colorado DUI defense attorneys discuss:

Policeman taking an oath during - officers frequently testify at DMV hearings in Colorado DUI cases

DMV hearings are an opportunity for you to cross-examine the law enforcement officers who arrested you.

1. What is a DMV hearing?

Also called “express consent hearings,” DMV hearings are administrative trials at the Colorado DMV where you can argue against having your driver’s license suspended. The sole issue of the hearing is whether you were driving under the influence of alcohol or drugs.

During the hearing, you – or your attorneys – can introduce evidence, call witnesses, and cross-examine the arresting officers. Ultimately, the administrative law judge – also called the DMV hearing officer – determines whether to suspend your driving privileges.

Everyone who is arrested for DUI is entitled to a DMV hearing. If you choose not to have a DMV hearing, you will definitely have your license suspended.

Note that DMV hearings are entirely separate from your criminal DUI charges. You can lose a DMV hearing but still win the criminal case, and vice versa.

Currently, DMV hearings are being conducted over Zoom.¹

See our related article, What is Colorado’s express consent law?

2. How are they different from criminal trials?

The primary difference between DMV hearings and criminal trials is the burden of proof. It is a lot harder for you to win DMV hearings than criminal trials.

Colorado DUI proceeding	Burden of proof
DMV administrative hearing	By a preponderance of the evidence (“more likely than not”)
Criminal trial	Beyond a reasonable doubt

The other main difference is the potential consequences. All the DMV has the power to do is suspend your driving privileges. Meanwhile, criminal courts can impose jail time and other criminal penalties in addition to driver’s license suspensions.

Finally, in criminal trials, you can choose to have a jury deliver your verdict. In DMV hearings, the administrative law judge made the final decision – there is no jury.

Note that another name for a DUI defendant in DMV hearings is respondent.²

3. What happens if I 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 suspension following a Colorado DUI arrest is to win both

the DMV case as well as
the criminal case.³

In short, winning the DMV case but losing the criminal case will still trigger a license suspension.

DMV hearings are completely separate from criminal proceedings.

4. What happens if I lose?

If you lose your Colorado DMV hearing, you will have your license suspended. The length of the revocation period depends on your specific DUI charge:

DUI offense	Driver’s license revocation by Colorado DMV*
First offense	9 months
Second offense	1 year
Third or subsequent offense	2 years
Chemical test refusal (refusing to take a breath or blood test following a DUI arrest)	1 year for a first refusal 2 years for a second refusal 3 years for a third or subsequent refusal
* You may be eligible for early reinstatement of your driving privileges immediately (or after two months if you refused a chemical test) if you install an ignition interlock device in your vehicles. Visit the Colorado DMV website – early reinstatement procedures.⁴

Note that first-time DWAI arrests do not trigger license suspension by themselves. A DUI-first instead causes eight (8) DMV points to be added to your driving record.⁵

5. How do I get a DMV hearing?

You – or your attorney – must appear at a full-service driver’s license office 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 after the seventh 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

See our article, How to Request a DMV Hearing after a Colorado DUI Arrest – 5 steps.

6. Can I reschedule my 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.

7. Can I get an interpreter?

The Colorado DMV does not provide foreign language translators, so 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. Should I have a DMV hearing if odds are I will lose?

It is very possible to win DMV hearings in Colorado. Plus 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 the hearing officer finds against you, the DMV hearing serves as a dry run for the criminal case. Information the criminal defense attorney learns during this hearing could help fight the criminal charges.

9. Can I appeal a decision from a Colorado DMV hearing?

Yes. 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 re-hearing. Instead, the judge reviews the transcript to decide whether the administrative law judge was correct to suspend your driving privileges.⁷

10. How do I fight the criminal charges?

There are many possible defenses to a criminal DUI charge – which is entirely separate from the DMV case. Learn more in our article, 20 Ways to Beat a Colorado DUI.

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

CRS 42-2-126; Hearings Division at the Colorado Department of Revenue – Division of Motor Vehicles.
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.

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