Express Consent Hearings In Colorado

When you’re arrested for DUI in Colorado, your driver’s license is immediately at risk — even before your criminal case begins. Under the state’s Express Consent law, the Colorado Department of Revenue (DMV) can revoke your license through an Express Consent Hearing in Colorado to determine whether your driving privileges should be revoked.

Understanding how and when to request the hearing — and what happens during it — is critical to protecting your license and your future.

What Is an Express Consent Hearing in Colorado?

An Express Consent Hearing is an administrative proceeding held by the Colorado Division of Motor Vehicles (DMV) to determine whether your driver’s license should be revoked following an alcohol-related DUI arrest.

The hearing is separate from your criminal case and focuses only on the driver’s-license consequences under the Express Consent statute.

📌 Note: Express Consent actions apply primarily to alcohol-related DUI arrests, not to drug-only DUIs or DWAI cases.

However, there’s an important exception:

If you refuse a chemical test, the Express Consent Revocation process will proceed regardless of whether the officer suspected alcohol, drugs, or both.

In other words, if your case involves marijuana or prescription drugs alone (no alcohol component), the DMV will not initiate a revocation unless you refused testing.

Key Deadlines

• 7-Day Rule: You must request your Express Consent Hearing in Colorado within 7 calendar days of your arrest (for breath or refusal cases).
• Blood Test Cases: You’ll receive a letter from the DMV after your blood results are processed — the letter lists your specific hearing deadline. ⚠️ Important: It’s critical that your current address is on file with the Colorado DMV, because the notice will be mailed to that address. If you receive the letter after the deadline to request a hearing, your request will be denied unless you qualify for a late-hearing exception due to lack of actual notice.

Failing to request a hearing on time results in an automatic driver’s-license revocation.

Preparing for an Express Consent Hearing in Colorado

When you request your DMV hearing, you’ll need to make two important decisions:

1. Temporary Driving Permit: You can request a temporary permit that allows you to continue driving until your hearing date or for up to 60 days, whichever comes first. This permit can be critical for maintaining employment, family obligations, and daily responsibilities while your case is pending.
2. Officer’s Appearance: You must decide whether to request the appearance of the arresting officer — the officer who signed the Express Consent Affidavit and Notice of Revocation. This decision is highly strategic:
   • In some cases, you want the officer to appear so your attorney can cross-examine them and preserve testimony that may later help in the criminal case.
   • In other cases, it may be smarter not to request their appearance, depending on the facts, timing, and how strong the state’s evidence appears.
   Many DUI cases involve multiple officers — one conducting the stop, another handling field sobriety or testing. If their testimony is important, your attorney can subpoena additional officers to testify at the DMV hearing.

Again, strategy matters. Every decision — from who appears to what issues are raised — can influence both your license hearing and your criminal case.

DMV hearings often help identify weaknesses in the state’s evidence long before your court date.

Hearing Format

All Colorado DMV Express Consent Hearings are now conducted by Zoom video conference.

A DMV hearing officer presides over the hearing and acts as the judge — ruling on objections, admitting evidence, and making the final decision.

Although hearing officers are technically neutral, in practice they often appear to act as both judge and prosecutor.

The process is less formal than a criminal trial, but the consequences are serious — a revocation can immediately impact your ability to drive, work, or care for family. These DMV hearings are not criminal trials, but the Express Consent Hearing in Colorado can have a major impact on both your driving record and your criminal case.

Evidence typically includes:

• The officer’s Express Consent Affidavit and Notice of Revocation
• Chemical test results (breath, blood, or refusal documentation)
• Testimony from the arresting officer (if requested)

You or your attorney may present evidence, call witnesses, and cross-examine the state’s witnesses.

Possible Outcomes

At the conclusion of the hearing, the DMV hearing officer may:

• Sustain the revocation — your license is revoked for the statutory period; or
• Rescind the revocation — your license is not revoked, and you retain driving privileges.

If revoked, you may be eligible for early reinstatement with an ignition interlock device.

Under new DMV regulations, you may be immediately eligible for reinstatement if you submitted to a chemical test of your blood or breath.

A 60-day wait may be required for a refusal.

An experienced DUI lawyer can assess your specific situation, eligibility, and reinstatement timeline.

Why Legal Representation Matters

Having an attorney who regularly handles Express Consent Hearings in Colorado can make a major difference in protecting your license.

Express Consent Hearings in Colorado are often underestimated — but they’re a critical part of your overall DUI defense.

An experienced DUI attorney can:

• Ensure your hearing is requested correctly and on time.
• Develop a strategy for officer appearance and testimony.
• Use the hearing to identify weaknesses in the criminal case.
• Protect your driving privileges and preserve key evidence for court.

The DMV process is technical, fast-moving, and unforgiving — but with experienced representation, it can become a powerful advantage in your defense.