Express Consent Hearings
Colorado Express Consent Law
Colorado Express Consent Hearings
How to Request a Hearing
Why You Should Request a Hearing
Express Consent Hearing Results
Colorado Express Consent Law
Colorado's Express Consent Law requires any driver to consent to a chemical test if a police officer has reasonable grounds to believe the person is driving under the influence or their ability to operate a motor vehicle is impaired because of alcohol, drugs or both. Failure to submit to a chemical test results in a minimum one year revocation of your driving privileges.
Below is the advisement you should receive prior to choosing a chemical test:
“You are required to take, complete or cooperate in completing an evidential chemical test to determine the alcoholic content of your blood or breath (C.R.S. 42-4-1301.1 (2) (a) (I). The chemical test you choose is the test you will be taking. You cannot choose a different test later (C.R.S. 42-4-1301.1(2) (A) (II). If you choose a blood test, two (2) tubes of blood will be drawn. One tube belongs to you and you may have it tested at a Health Department Certified Independent Laboratory of your choice. If you choose a breath test, two (2) breath samples will be analyzed by a certified evidential breath alcohol testing device following an approved standard operating procedure. You will not receive a sample to have independently tested by a certified laboratory. If you refuse to take, complete or cooperate in completing an evidential chemical test to determine the alcoholic content of your blood or breath your driving privilege may be revoked (C.R.S. 42-2-126(2)(a)(II)).”
Colorado Express Consent Hearings
In Colorado, you are allowed an administrative hearing on all per se violations. However, you only have seven (7) days from the date of arrest to request a hearing if you submitted to a breath test or refused a test. If you fail to properly request a hearing within this seven day period, you forfeit your right to a hearing and your driving privileges will automatically be revoked.
If you submitted to a blood test, you are awaiting a letter in the mail called an “Order of Revocation.” If the results of your blood test indicate your BAC was .080 or higher, you will receive this letter from the Colorado Department of Revenue, Division of Motor Vehicles. You then have ten (10) days from the postmarked date of that letter to properly surrender your license and request a hearing. Failure to request a hearing within the appropriate timeframe will result in an automatic revocation of your driving privileges.
Colorado Express Consent hearings are ruled on by DMV hearing officers and are judged on a preponderance standard. This is a very low standard for the state to prove and thus the success of these hearings is often times less than desired.
This hearing will only determine the status of your driving privileges in Colorado. This hearing is completely separate from your criminal proceedings and winning this hearing does not mean your criminal case will be dismissed and vice versa.
Colorado Express Consent hearings are designed to revoke your driving privileges. It is that simple.
How to Request an Express Consent Hearing
If you took a Blood Test:
After the stop the police officer should have given you your driver’s license back.
You are waiting for a white piece of paper in the mail from the Department of Revenue, Motor Vehicle Division. This paper will say ORDER OF REVOCATION as a title on the letter.
YOU HAVE ONLY TEN DAYS FROM THE POSTMARKED DATE ON THE LETTER TO REPORT TO THE DMV AND REQUEST YOUR EXPRESS CONSENT HEARING OR YOU AUTOMATICALLY LOSE THE RIGHT TO HAVE THE HEARING AND THE DMV WILL TAKE YOUR LICENSE FOR NINE MONTHS ON A FIRST OFFENSE OR AT LEAST ONE (1) YEAR FOR MULTIPLE DUIS. DO NOT WAIT UNTIL THE LAST DAY IN CASE PROBLEMS ARISE. GO AND REQUEST YOUR HEARING THE DAY YOU GET THE LETTER!
You may go to any full service DMV to request your hearing; however, we recommend going to the headquarters at 1881 Pierce Street in Lakewood, CO.
Get in line for Driver Services/Licenses. If you do not have a state ID or another picture ID other than your driver’s license, get into the line while you are waiting for the Driver Services/Licenses and obtain a state ID. You can show them your driver’s license as proof of identity. They may say you cannot have a state ID and a driver’s license at the same time. Please inform them that you will be surrendering your driver’s license momentarily.
Once called by Driver Services/Licenses go to the window and hand them the white sheet of paper titled ORDER OF REVOCATION and also give them your DRIVER’S LICENSE. Do not forget to surrender your driver’s license! You are then requesting an Express Consent hearing on your alleged DUI.
The staff member will hand you a yellow carbon copy 60 day driving permit. This is now your driver’s license. Do not drive without this license in your possession.
While you are at the DMV, please ask for a FULL COPY of your Motor Vehicle Record. Please ensure this is not a seven year copy. Please ask the staff member to confirm this is a full record and have them stamp FULL RECORD on the paper. This will cost you $2.20.
If you took a Breath Test or Refused a Test:
After the stop the police officer gave you a yellow sheet of paper titled Express Consent Affidavit. The police officer should have taken your driver’s license as well. The Express Consent Affidavit is a seven day driving permit.
YOU HAVE ONLY SEVEN (7) DAYS TO REPORT TO THE DMV AND REQUEST YOUR EXPRESS CONSENT HEARING OR YOU AUTOMATICALLY LOSE THE RIGHT TO HAVE THE HEARING AND THE DMV WILL TAKE YOUR LICENSE FOR NINE MONTHS ON A FIRST OFFENSE OR LEAST ONE (1) YEAR FOR MULTIPLE DUIS. DO NOT WAIT UNTIL THE LAST DAY IN CASE PROBLEMS ARISE.
You may go to any full service DMV to request your hearing; however, we recommend going to the headquarters at 1881 Pierce Street in Lakewood, CO.
Get in line for Driver Services/Licenses. If you do not have a state ID or another picture ID other than your driver’s license, get into the line while you are waiting for the Driver Services/Licenses and obtain a state ID.
Once called by Driver Services/Licenses go to the window and hand them the yellow sheet of paper titled EXPRESS CONSENT AFFIDAVIT. You are then requesting an Express Consent hearing on your alleged DUI.
Please ensure the DMV has you correct mailing address as you are waiting on the DMV to send you another letter titled “Notice of Hearing.” This letter will tell you the time, date and location of your Express Consent hearing. If you fail to notify the DMV of your correct mailing address, you may not receive this letter and thus you will not be present for your hearing.
The staff member will hand you a yellow 60 day driving permit. This is now your driver’s license. Do not drive without this license in your possession.
While you are at the DMV, please ask for a FULL COPY of your Motor Vehicle Record. Please ensure this is not a seven year copy. Please ask the staff member to confirm this is a full record and have them stamp FULL RECORD on the paper. This will cost you $2.20.
Why You Should Request an Express Consent Hearing
Clients often times ask us why they should request a hearing or what the benefit is of requesting a hearing. As most people know, it is very difficult to have your case dismissed at the DMV. The Express Consent hearing is a preponderance hearing and is presided over by a DMV hearing officer. You are guilty until proven innocent at this hearing. So why go through the trouble to request a hearing?
The answer is simple; you don’t win any fights you don’t get into. The only way to save your license is by requesting this hearing and preparing a defense designed to combat the preponderance level at the DMV.
A good Colorado DUI defense attorney will have a strategy for these hearings and how they plan on cross examining the officers. This is a great opportunity to get the officer’s testimony under oath.
Express Consent Hearing Results
Upon conclusion of your Express Consent hearing, the DMV hearing officer will make a decision based upon evidence presented at the hearing. The hearing officer will either revoke your driving privileges or dismiss the case.
The hearing officer will make his/her determination of your guilt based on the following criteria at preponderance standard:
1. Did you operate a motor vehicle in the state of Colorado?
2. Did the officer have reasonable suspicion to contact you?
3. Did the officer have probable cause to require you to take a chemical test?
4. Was the chemical test conducted within substantial compliance and was the test failed?
5. Were you properly advised of Colorado Express Consent Law and did you refuse to take a test?
If it is more likely than not that the above are true, the hearing officer is going to revoke your driving privileges. That is why you need an aggressive and knowledgeable Colorado DUI attorney to protect your rights and defend your freedoms.
See the penalties page for a synopsis of administrative penalties.
