What is an “express consent affidavit and notice of revocation”?

A Colorado Express Consent Affidavit and Notice of Revocation is paperwork notifying you that the DMV intends to revoke your driving privileges because of an excessive blood alcohol concentration (BAC) while driving or a refusal to take a required chemical test. It starts a seven-day deadline to request a DMV hearing, separate from your criminal DUI case.

Key Rules:

• Temporary driving: The notice of revocation typically includes a seven-day temporary permit. If you request a DMV hearing in that time, you may continue driving pending the hearing if you get a permit. 
• First excess-BAC DUI: The ordinary administrative driver’s license revocation period is nine months.
• First chemical-test refusal: The ordinary administrative driver’s license revocation period is one year, even without proof that you were drunk.
• Separate proceedings: Winning your criminal case does not automatically stop a DMV revocation, and vice versa.¹

We tell clients to treat this notice as an urgent deadline. Ignoring it can cost you the chance to challenge the DMV’s case. Save the paperwork and any mailing envelope, and get help confirming the hearing deadline right away.

In this article, I discuss what you need to know about an express consent affidavit and notice of revocation following a Colorado DUI arrest. 

When do I receive an express consent affidavit and notice of revocation?

After a Colorado DUI arrest, you generally receive the officer’s notice after:

• a chemical breath test shows an excessive alcohol level, or
• you refuse required testing.

If you consent to a chemical blood test instead of a breath test, the DMV generally mails the notice later if the results support an administrative revocation. A DUI arrest alone does not mean everyone receives an immediate revocation notice.

What happened?	When do you receive notice?
A breath test shows a blood alcohol content (BAC) of 0.08% or higher.	The officer generally serves the notice after receiving the breath test result.
You refuse to take or cooperate with a required chemical test.	The officer generally serves the notice after the refusal. A later blood draw is not required for a refusal revocation.
You consent to a blood test, and the results support an excess-BAC revocation.	The DMV generally mails a Notice of Revocation after receiving and reviewing the results. The timing varies.

This table describes the usual adult alcohol case. Different BAC thresholds apply to drivers under 21 (0.02% to 0.05%) and to commercial driving (0.04% and higher).²

Colorado’s expressed consent law applies because you drive in the state. When an officer has probable cause to believe you committed a covered impaired driving offense, the law requires you to cooperate with appropriate chemical testing.

Refusing to take a chemical test usually results in the police obtaining a warrant for a forced blood draw. Though police do not need a completed test to pursue a refusal revocation.³

We encourage clients who consented to a blood test to watch their mail and keep their DMV address current. You have only seven days after receiving the notice to request a DMV hearing, so you need to act fast. 

How long do I have to request a DMV hearing?

You generally must request an express consent hearing in writing within seven days after receiving the officer’s notice. For a mailed notice, Colorado law treats it as received three days after mailing, and the seven-day request period runs from that deemed receipt date. Do not assume it begins when you open the envelope.

Check the hearing request deadline printed on your notice and submit your request promptly (or have your attorney submit it promptly). The Department of Revenue lists the DMV Express Consent Unit’s email as [email protected]. Follow the current instructions on your notice and keep proof of submission. The hearing request goes to the DMV, not the criminal court.

If you miss the deadline, the revocation ordinarily takes effect. However, the law allows a late hearing when you were unable to request one on time because of a lack of actual notice or physical incapacity, such as hospitalization or incarceration. You must submit a verified explanation. A late hearing does not pause the revocation while you wait.⁴

When reviewing a notice, we focus first on preserving the right to a hearing. Arguments about the stop or test results will not help if the opportunity to raise them is lost because the request was late.

Can I keep driving while I wait for the hearing?

Yes, if you qualify for a temporary permit. When a Colorado police officer takes your valid license and serves a revocation notice, the officer generally issues a seven-day temporary permit. If you timely request a hearing and meet the eligibility requirements, the DMV can issue a permit allowing you to drive while the hearing is pending.

Submitting a hearing request does not, by itself, give everyone permission to drive. An existing suspension, revocation, or other restriction can affect your eligibility. Check that the DMV has issued your permit and confirm its expiration date and restrictions. A delay requested or caused by you or your attorney can also affect the stay of revocation.⁵

We tell clients to keep a copy of their permit and resolve any uncertainty with the DMV before getting behind the wheel. A hearing request confirmation and a valid driving permit serve different purposes.

What happens at my express consent hearing?

An express consent hearing is an administrative proceeding before a hearing officer, without a jury. It decides whether the Colorado DMV has legal grounds to revoke your driving privileges. It does not decide whether you should go to jail.

In an ordinary adult DUI case, the hearing focuses on whether:

• Excess BAC: You drove with a BAC of 0.08% or higher at the time of driving or within two hours afterward; or
• Refusal: You refused to take or cooperate with a chemical test that an officer had lawful grounds to require.

The DMV must establish the grounds for revocation by a preponderance of the evidence, meaning more likely than not. This is a lower standard than the proof beyond a reasonable doubt required for a criminal conviction. A refusal revocation does not require proof that you were actually intoxicated.

You may present evidence, challenge the DMV’s evidence, and question witnesses who testify. Depending on the facts, defenses may involve an unlawful stop or arrest, unreliable test results, the timing of testing, or that your actions did not amount to a refusal.

Officer’s Presence

The arresting officer does not automatically attend. You can request the officer’s presence when you request the hearing.

If you later decide you want that officer or another officer to testify, you generally need a subpoena. A subpoena for a law enforcement officer must be served at least five calendar days before the hearing. The DMV may otherwise proceed using the officer’s affidavit and reports.

DMV Hearing Results

If the grounds for revocation are not established, that administrative driver’s license revocation should be dismissed. If they are established, the hearing officer must impose the applicable driver’s license revocation. Winning does not remove an unrelated license restraint.⁶

Our defense approach is to examine what supports the officer’s conclusions. We look for gaps between the report, body camera footage, testing records, and the actual timeline. The word “refusal” on a form is a claim to investigate, not a reason to give up.

Is the DMV hearing separate from my DUI case?

Yes. The Colorado DMV proceeding concerns your driving privileges, while the criminal case concerns the charge and criminal penalties. A dismissal or acquittal in court does not automatically cancel an administrative revocation, and winning the DMV hearing does not dismiss the criminal charge.

However, you do not necessarily have to win both proceedings outright to avoid revocation. The result depends on the grounds for the DMV action and the final criminal disposition. For example, a first DWAI conviction for a driver 21 or older does not itself carry the mandatory revocation for a first DUI conviction, although points and other circumstances can affect the license.⁷

We evaluate the license consequences alongside any proposed plea agreement. A deal that reduces the criminal penalties may still leave a separate DMV problem to fight.

How long will my license be revoked?

In Colorado DUI cases, the ordinary administrative driver’s license revocation periods for an excess BAC of 0.08% or higher and for chemical test refusal are as follows: 

Violation	Excess BAC of 0.08% or higher	Chemical-test refusal
First	9 months	1 year
Second	1 year	2 years
Third or subsequent	2 years	3 years

These are separate statutory schedules, not amounts you automatically add together.

For refusal offenses committed on or after January 1, 2014, the refusal revocation and any license restraint resulting from a DUI, DUI per se, DWAI, or UDD (underage DUI) conviction from the same incident run concurrently. That means they run together, and the total cannot exceed the longer period. Excess BAC revocations and conviction-based restraints from the same incident also run concurrently.⁸

Can I get an interlock-restricted license?

Eligible drivers in Colorado may qualify for early reinstatement with an ignition interlock device, which requires a breath sample before the vehicle will start. Installing the device alone does not authorize you to drive; the DMV must reinstate your driving privileges.

• Excess-BAC revocation: Eligible drivers who were 21 or older at the time of the offense may apply for early reinstatement without a mandatory waiting period.
• Refusal revocation: Under the rules in effect in October 2026, eligible drivers who were 21 or older generally must serve two months of revocation before early reinstatement.
• Other requirements: These typically include SR-22 insurance, fees, alcohol education or treatment, and proof of interlock installation. Drivers under 21 face different eligibility rules.

Upcoming change: Beginning June 1, 2027, HB26-1242 removes the two-month refusal waiting period and introduces a nine-month interlock requirement after reinstatement for covered first convictions, subject to limited exceptions. These changes are not yet in effect as of October 2026.⁹

We help clients identify the earliest lawful route back to driving while also challenging the revocation. Knowing the reinstatement requirements in advance can help avoid unnecessary delays if the DMV sustains its case.

What does an express consent affidavit and notice of revocation look like?

The Colorado police officer’s paperwork may be a white form or a yellow carbon copy. A notice mailed by the DMV may look different. Identify it by its title, stated grounds for revocation, effective date, and hearing-request instructions, rather than relying on its color.

The affidavit records the officer’s sworn account supporting the proposed revocation. The notice explains the proposed license action and how to challenge it. Save every page, any temporary permit, and the envelope if it arrived by mail.¹⁰

Frequently Asked Questions

Does an express consent affidavit mean I have been convicted of DUI?

No. It is part of the Colorado DMV’s administrative process, not a criminal conviction. The DMV may revoke your driving privileges based on excessive BAC or a legally established refusal even if the criminal charge is later dismissed.

We tell clients to track both proceedings from the beginning. Taking care of the court case does not automatically protect the right to a DMV hearing.

Can I drive in Colorado with the notice of revocation?

Only if you have valid driving authority, such as an unexpired temporary permit issued with the notice. The notice itself is not a blanket exception to an existing suspension or revocation. A timely hearing request may allow an eligible driver to obtain an extended temporary permit.

Before driving, check the permit’s dates and confirm your license status. We recommend keeping the permit with you rather than relying on proof that you submitted a hearing request.

What if my blood test results have not come back?

In a typical blood-test case, the Colorado DMV sends a revocation notice later if the results support an excess-BAC revocation. The arrest alone does not start the hearing-request deadline for a notice that has not been served. A separate refusal notice, however, can require immediate action.

We recommend checking your paperwork carefully, keeping your DMV address current, and watching the mail. Waiting for lab results should not mean ignoring a notice you already received.

Can the Colorado DMV revoke my license for refusing a test if I was sober?

Yes. A refusal revocation does not require proof that you were intoxicated. The DMV must establish that the officer had lawful grounds to require the test and that you refused or failed to cooperate as required by law.

In defending a refusal allegation, we examine the officer’s instructions, your responses, and any medical or communication issues. We do not assume the officer’s description tells the whole story.

What happens if I miss the seven-day DMV hearing request deadline in Colorado?

The revocation ordinarily takes effect, but a late hearing may be available if lack of actual notice or physical incapacity, such as hospitalization or incarceration, prevented a timely request. You must explain the circumstances in a verified written statement. A late hearing does not restore driving privileges while you wait.

We recommend acting as soon as you discover the missed deadline and gathering documents that explain what happened. Keep the notice and envelope, along with any relevant hospital or custody records.

Will my Colorado DMV case be dismissed if the officer does not attend?

Not automatically. If the officer was not required to attend, the hearing may proceed using the affidavit and reports. When the officer’s attendance was properly required, the result depends on the circumstances; the law allows rescheduling for certain valid reasons.

We decide whether to request the officer’s appearance based on the evidence and defense strategy. Relying on a hoped-for no-show is not a substitute for preparing the case.

Can I appeal if I lose the express consent hearing?

Yes. You generally have 35 days after the Colorado DMV issues its final determination to petition for judicial review in the district court in your county of residence. Filing the petition does not automatically pause the revocation.

We review the hearing record for legal mistakes and unsupported findings. Because judicial review generally uses the existing record, presenting the right evidence at the original hearing matters.

Additional Resources

For more information, refer to these official Colorado resources:

• The DUI Process – An overview of the DMV’s role in DUI cases.
• DUI Administrative Process – Information about administrative hearings and license actions.
• Express Consent Cases Procedures – Hearing requests, officer attendance, and hearing procedures.
• Alcohol DUI – DUI-related license consequences and reinstatement information.
• SR-22 and Insurance Information – Proof of insurance required for certain reinstatements.
• Reinstatements – How to apply to restore your driving privileges.

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Legal References