Colorado DMV Express Consent Hearings

In Colorado when you are accused of Driving a vehicle while Under the Influence, you have the right to have an Expressed Consent hearing at the DMV to fight to keep your license. Our firm has extensive experience at these administrative hearings.

You must request a hearing on this matter. If you do not go to the DMV to request a hearing to fight for your license, the DMV will automatically suspend your license without giving you the opportunity to have a hearing.

If you took a breath test, you have 7 days from the date that you were charged to request a hearing. If you took a blood test, you are waiting for a notice of revocation to come in the mail. Once you receive this notice from the DMV, you must request a hearing within 10 days of postmarked date of the Notice of Revocation letter. If you refused a test, you have 7 days from the date that you were charged to request a hearing.

You can request a hearing by going to almost any DMV office with either your yellow express consent affidavit (if you took a breath test or refused) or with your notice of revocation letter (if you took a blood test). You must surrender your driver’s license if it was not already taken by the officers. The DMV will issue you a temporary driving permit that is valid for up to 60 days or until the date of your DMV hearing.

The DMV hearing officer will decide the following at your Express Consent hearing based on a preponderance of evidence standard:

1. Whether the officer had reasonable suspicion to believe you committed a crime or some type of traffic offense.
2. Whether the officer had probable cause to ask you to take a test.
3. Whether the chemical test was done in compliance with the rules and regulations of the Department of Health.
4. In the cases where a test was refused, whether you were fully advised of the Expressed Consent law, by the officer, before you refused to take the test.
5. Did you either fail or refuse the test

If the DMV hearing is lost, your license will be revoked for 9 months on a first offense. On a subsequent offense, you may lose your license for a year or more depending on your past history.

After 30 days of revocation on a first offense, you may reinstate your license with an 8 month interlock requirement.

See Also:

• DUI law effective 1/1/09

Contact a Colorado DUI Attorney for help with your case today!