How Do I Request a DMV Hearing?

One of the first issues that must be addressed in a Colorado DUI case is how to preserve your driver’s license. If your breath test result was .08 or more, or if the police officer that arrested you claims that you refused to take a chemical test, you must act immediately.

It is important to contact a qualified DUI attorney if you have been charged with driving under he influence in Colorado. Depending on the facts of your case, you may wish to make certain responses when requesting your DMV hearing, such as whether you want the officer present at the hearing. Without a consultation, a defense attorney cannot answer these questions and direct you appropriately.

If you failed a breath test and received an Express Consent Affidavit and Notice of Revocation, you must appear at a full-service driver’s license office within seven days to request your hearing and get a Colorado identification card. The full-service DMV—Driver Services locations in Colorado can be found here.  Failure to properly file the hearing request results in the revocation of your driver’s license. The length depends on whether this is a first offense, second offense, or third offense.

Refusal cases have the same timelines as breath test cases. If the arresting officer alleges that you refused to take a test, he or she will serve you with the Express Consent Affidavit and Notice of Revocation. This is a copy of what the officer sends to the Department of Revenue, giving cause to open the DMV action against you. Again, a hearing must be formally requested within seven days or your license would be revoked for at least one year.

Blood tests have a different timeline, as your blood sample has to be sent to a state certified lab for testing before any allegation can be made that you failed. For adults 21 and over, a result of .08 or more will trigger this action. Only when the officer receives the result from the lab, and sends the affidavit to the DMV will the action be started. The Department of Revenue will send you a letter by regular U.S. mail to the last known address they have for you, and that letter will tell you the blood test result and that you must request a hearing or suffer a driver’s license revocation by the date noted. It is wise to confirm your address is current with Driver Services to make sure you receive all letters timely.

A Colorado DUI attorney can assist the difficult procedures at both the DMV and criminal court. There are different laws, codes, regulations, and standards of proof for each hearing, and they are considered independent of one another. However, the DMV hearing can have a great impact on your court case and your ability to drive without restriction moving forward.