
Requesting a DMV hearing for a Colorado DUI
Requesting a Colorado Express Consent Hearing
You can request a hearing with the Colorado DMV in one of two ways:
- In-person: Visit a full-service driver’s license office.
- Online: Go to www.mydmv.colorado.gov and select Driver Services.
This hearing request must be submitted within 7 days of receiving the Express Consent Affidavit and Notice of Revocation. This document acts as your temporary driving permit and begins the DMV revocation process.
Why Hire a Colorado DUI Attorney Early?
A knowledgeable Colorado DUI lawyer can advise you on how to respond to the DMV hearing notice. For example, you may choose whether to have the arresting officer present or subpoena witnesses. These decisions should be made with legal counsel to give you the best chance at retaining your license.
License Revocation After a Failed Breath Test
If you failed a breath test and received the Express Consent Affidavit, you must request your DMV hearing and get a Colorado ID card within 7 days. This can be done at a full-service DMV or online at www.mydmv.colorado.gov.
The revocation period depends on your record:
- First offense: 9 months
- Second offense: 1 year
- Third offense or more: Up to 2 years or longer
Refusing a Chemical Test: Serious Penalties
Refusing a chemical test triggers the same 7-day response deadline. The officer will issue an Express Consent Affidavit and initiate revocation with the DMV. Failure to request the hearing results in a minimum one-year license revocation—even on a first offense. A refusal may also delay your eligibility for early reinstatement or a restricted license with an ignition interlock device.
Blood Tests and Delayed DMV Action
In blood test cases, the lab must first process your sample. If your BAC is .08% or higher, the officer submits an affidavit to the DMV, and the Department of Revenue mails a revocation notice to your last known address.
Important: You must request a hearing by the deadline in that letter or face automatic revocation. Update your address with Driver Services to ensure you receive the notice: www.mydmv.colorado.gov.
DMV vs. Criminal DUI Cases: What’s the Difference?
The DMV hearing and criminal DUI trial are two separate processes. Each has its own standards and consequences. However, the outcome of your DMV hearing may impact your court case, especially regarding driving privileges during the proceedings.
Working with a seasoned DUI attorney ensures coordinated defense strategies across both hearings.
Speak with a Colorado DUI Attorney Today
If you have been arrested for DUI or DWAI in Colorado, don’t delay. The 7-day deadline to request a hearing comes quickly. The Tiftickjian Law Firm can help you protect your driver’s license and begin building a strong legal defense.
Contact us today to schedule your consultation with one of Colorado’s top DUI defense teams.