Colorado DUI DMV Hearing Process

Colorado DMV Hearing Regarding a DUI

If you have been charged with a DUI you might have been served a notice of revocation of your driver’s license. The arresting officer usually gives this document to a driver who has been cited for DUI and the BAC is known to be above 0.7 or the driver refused to provide a blood or breath sample for chemical testing. The document provided by the officer is usually titled “Express Consent Affidavit and Notice of Revocation”. If the driver submitted to a blood test then the notice of revocation usually arrives in the mail directly from the Colorado Department of Motor Vehicles. Either way the driver is considered put on notice that their privilege to drive has been revoked. The notice provided by the officer and the letter that is provided by the Department of Motor Vehicles both provide the driver with the opportunity to request a hearing. The notice provided by the arresting officer tells the driver that they must request a hearing in writing within 7 days of the date of notice. The letter from the Colorado DMV will also provide a date by which a hearing must be requested. Failure to request a hearing will result in the revocation of the driver’s license.

When you go to the DMV to request the hearing, you might be granted a temporary driving permit if you show up with a currently valid license. This temporary permit is valid for 60 days or until the date of the hearing, whichever comes first. If you request the hearing but your license was not valid prior to your DUI arrest, no temporary permit will be issued.

The Colorado DMV hearing is an administrative hearing and is separate from any criminal court proceedings associated with your DUI arrest. You are entitled to have an attorney represent you at the DMV hearing. The hearing will be with a hearing officer from the Department of Motor Vehicles. If you or your attorney requested the presence of any officers they should be present as well. The hearing officer will conduct the hearing and examine the contents of the express consent packet. This packet just contains the documents such as the police report, field sobriety test results, blood or breath test results, and other information that the officer provided to the DMV. The hearing officer will also accept testimony from the police officer. You will then have the opportunity to present evidence or witnesses if you want. The hearing officer is only looking at a few key points. They want to make sure that there was a valid reason for the initial police contact. Next they will look to see if there was probably cause to suspect that the driver was driving under the influence. The hearing officer will also look to see if Colorado Express Consent was provided to the driver and if so whether or not a test was performed. If a test was performed then the hearing officer will make sure that the test was performed in the proper time frame and whether or not the results were above or below the Colorado limit. The hearing officer will then make a decision as to whether or not to revoke your driver’s license. If the decision is that your driver’s license is to be revoked, the revocation will happen immediately.

If your license is revoked for express consent or a DUI refusal in Colorado you are not allowed to drive. Driving on a license revoked for an alcohol related issue carries mandatory jail time if you are convicted. If you are facing a DMV hearing due to a DUI arrest it is in your best interest to contact a DUI attorney.