If you have been arrested for
DUI in Colorado, your criminal defense attorney can
request a DMV hearing. This is where your attorney would try to persuade the DMV not to
revoke your driver’s license.
If you do not have an attorney, you can request a DMV hearing yourself by taking the
following steps.
Step 1: Do not delay
If the police confiscated your driver’s license after your arrest, you have only
seven days from the date of your arrest to request a DMV hearing.
If the police did not confiscate your license, then within a few weeks the DMV may mail you a
letter informing you that your license will be revoked. You have only
10 days from the date this letter is sent to request a DMV hearing.
Once the time limit has passed without you requesting a DMV hearing, the DMV will automatically
revoke your license. (If this happens, do not worry: You may still be able to continue driving with an
ignition interlock device.)
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Step 2: Submit the DMV hearing request
Go to
mydmv.colorado.gov. Click on “Driver/ID Services” and select “Request a Hearing.” Then fill in the requested information, such as your name, address, etc.
Have handy the
Express Consent Affidavit and Notice of Revocation paperwork the police gave you when they
confiscated your driver’s license. If the police did not take your license, then the DMV would have
mailed you this paperwork a few weeks after your arrest.
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See our related articles, What is Colorado’s express consent law? and What happens if I refuse the DUI breath or blood test in Colorado?
Step 3: Wait for a response
Once you submit your DMV hearing request, you will receive an
auto-response right away confirming your submission. Then within a couple of days, you will receive a
temporary license by email.
Within a week or so you will hear from the DMV by mail or email with the
date of the DMV hearing. It should be no later than 60 days after your
request.
You can continue driving on your
temporary license pending the DMV hearing results.
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Step 4: Prepare for your DMV hearing
DMV hearings are extremely hard to win. The state’s burden is proof is very
low, much lower than the “beyond a reasonable doubt” standard in criminal cases.
That is why it is vital for you to have an
experienced Colorado DUI defense attorney representing you and cross-examining the officer who arrested you. An attorney may be able to show that the
officer
- failed to follow protocol,
- lacked reasonable suspicion to pull you over, and/or
- lacked probable cause to arrest you.
Be sure to bring
medical records of any conditions that may have caused a falsely high
blood alcohol content reading. Examples would be:
- dental work such as a bridge (that may cause alcohol to pool in your mouth)
- acid reflux
- auto-brewery syndrome4
See our related articles, How to prepare for a DMV hearing and How to win a DMV administrative hearing in Colorado.
Step 5: Get an IID restricted license if necessary
If you lose the DMV hearing, ask the hearing officer for an
ignition interlock restricted license. This allows you to continue driving during your driver’s license suspension as long as you have an
ignition interlock device (IID).
Note that even if you win the DMV hearing, the DMV will still revoke your license if you lose the
criminal case (which is entirely separate from the DMV case). This is another reason why having private counsel is strongly advised.
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See our related article, Colorado Drunk Driving: How long will my driver’s license be suspended?
Legal References
