CORONAVIRUS UPDATE: What We Are Doing to Protect Our Clients

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Express Consent Revocation Hearing

An Express Consent Revocation in Colorado is initiated by a law enforcement officer's arrest of a driver for an alcohol or drug-related traffic offense.  Express Consent Revocations are sometimes referred to as "EC Revocations" or "per se Revocations".  Most Express Consent Revocations are for drivers who submit a blood or breath test yielding an alcohol concentration of .08 or greater, or for those who refuse a chemical test at the direction of the police.  Express Consent Revocations may also occur for minor drivers at a lower level. For those drivers who are under age 21 at the time of the stop, a police officer may initiate an Express Consent Revocation based upon a blood or breath test reflecting an alcohol concentration of .02 or greater, or a refusal.  For commercial drivers, an Express Consent Revocation may be initiated at an alcohol concentration level of .04 or greater, or a refusal. 

Hearings on these matters are not automatic.  The driver (referred to as "Respondent") must affirmatively request an administrative hearing at DMV within 7 days of the date listed on the top right hand corner of the Express Consent Affidavit and Notice of Revocation for breath and refusal cases.  For blood tests, it is imperative for the Respondent to have her current mailing address on file with Colorado DMV to avoid any potential delay in receiving a Notice of Revocation letter in the mail.  For blood tests, the Respondent must request a hearing at DMV by the deadline indicated in the letter.  If no request for administrative hearing is timely made at DMV, then refusal and breath test revocations will occur on day 8.  For blood test revocations, the revocation will automatically enter on the date indicated in the Notice of Revocation letter received by mail.  Sometimes the Department of Revenue will grant a "late hearing request" for good cause.  An example may be that a Respondent was in custody or perhaps in the hospital during the 7 day period and therefore he was unable to request a hearing due to his in custody status or hospitalization.

Essential elements that the state must prove to sustain a blood or breath revocation include the following:
1) That the respondent was driving or in actual physical control of a motor vehicle on the date alleged in the complaint.
2) That the police officer had probable cause to believe that the respondent's ability to drive was impaired even to the slightest degree.
3) A valid chemical test yielding a blood concentration of .08 or greater.

Essential elements that the state must provide to sustain a refusal revocation include the following:
1) That the respondent was driving or in actual physical control of a motor vehicle on the date alleged in the complaint.
2) That the police officer had probable cause to believe that the respondent's ability to drive was impaired even to the slightest degree.
3) That the Respondent refused a chemical test at the direction of the police.

If these elements are shown by a preponderance of the evidence, then the hearings officer is required to sustain the revocation.

Pursuant to Colorado law (C.R.S. 42-2-126(8)(h) and 42-1-228),  the initial contact and subsequent arrest of respondent may be challenged at the Express Consent Hearing.  If the initial contact with respondent or arrest is shown to be illegal, the driver's license revocation should not be sustained at DMV.

Did you receive an Express Consent Affidavit and Notice of Revocation from a Colorado police officer?  Attorney Monte Robbins has a great amount of experience in defending good people who are facing the revocation of their driver's license from an alcohol or drug-related traffic stop.  Contact Attorney Monte Robbins today to find out how to protect your driving privileges: 303-355-5148.


 
Client Reviews
★★★★★
"An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was happening and what he doing to prove my son's innocence in this matter. We were to appear in court on 29 March 2012 and Monte informed us on 27 March 2012, that the case had been dismissed!!! Monte charged a fair, flat rate for what he did in this matter and should the need arise to hire a lawyer or to recommend a lawyer, I would not hesitate to give Monte's name.” Linda
★★★★★
"I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the wall on this case but thanks to Monte miracles are possible. I have hired my share of attorneys and Monte Robbins has produced the best results for me yet. After being without my driving privileges for ten years I paid a small fine and am legal with a clean record. I Highly recommend this attorney." Steve
★★★★★
"I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him for any questions i had. The outcome of my case was way better then i had expected. Monte did a excellent job on my case and I would highly recommend him to anyone. Monte won my case and I am confident that he can do the same for anyone else." Jeremy