Colorado DMV Express Consent Hearings

In Colorado when you are accused of driving a vehicle while under the influence, you have the right to have an express consent hearing at the DMV to fight to keep your license. Our firm has extensive experience at these administrative hearings.

You must request a hearing on this matter. If you do not go to the DMV to request a hearing to fight for your license, the DMV will automatically suspend your license without giving you the opportunity to have a hearing.

If you took a breath test, you have 7 days from the date that you were stopped to request a hearing. If you took a blood test, you are waiting for a notice of revocation to come in the mail. Once you receive this notice from the DMV, you must request a hearing within 7 days of receiving the notice.

You can request a hearing by going to almost any DMV office with either your yellow express consent affidavit (if you took a breath test) or with your notice of revocation (if you took a blood test). You must surrender your driver’s license if it was not already taken by the officers. The DMV will issue you a temporary driving permit that is valid for up to 60 days or until the date of your DMV hearing.

The DMV hearing officer will decide the following at your Express Consent hearing: :

1. Whether the officer had a valid legal reason to stop your vehicle
2. Whether the officer had a valid legal reason to arrest you.
3. Whether the blood or breath test result is reliable enough to suspend your driver’s license.
4. In the cases where a test was refused, whether you were fully advised of the law, by the officer, before you refused to take the test.

If the DMV hearing is lost, your license will be suspended for 90 days on a first offense. On a subsequent offense, you may lose your license for a year or more depending on your past history.

If the DMV hearing is lost, you can request a second hearing to ask for what is called a provisionary driver’s license “red license” that would allow you to drive to and from work and necessary places. The Orr Law Firm also will represent you at this hearing to attempt to secure a “red license” for you.