Colorado Administrative License Hearings
Representation from Experienced Denver DUI Attorneys
DMV hearings, also called administrative hearings, take place at the Colorado Department of Revenue, Division of Motor Vehicles office(s) or by phone. There are three (3) main types of hearings:
Express Consent Hearings (EC)
The most common is the Express Consent hearing. A person charged with an alcohol-related driving offense in Colorado will be facing separate consequences from the Colorado DMV. The DMV in Colorado can revoke or suspend a person's privilege to drive, even if the person does not possess a Colorado driver's license.
The Express Consent Hearing is a preponderance of evidence hearing that determines whether a person operated a motor vehicle when the person's blood alcohol content was .08 or more at the time of driving or within two hours after driving; or whether a person refused to take, complete or cooperate in the completing of a blood or breath test as required by Colorado’s Express Consent Law.
If your blood or breath test result was .08 or greater or if you refused or were deemed to have refused testing, you must request a hearing within seven calendar days of your arrest in order to preserve the right to a hearing and fight for your privilege to drive. If you took a blood test, you must ensure that the DMV has your correct mailing address as you are waiting on a letter from them called an “Order of Revocation.” It does not matter if you gave the police officer you correct address; you must also officially update your address with the Colorado DMV through a Change of Address Form or submitting a Change of Address Online.
Upon receipt of the “Order of Revocation” letter you have ten days from the postmarked date of the letter to surrender your license and request a hearing. If you fail to surrender your license at the time you request your hearing, the DMV will not grant you a temporary 60-day driving permit. If you fail to request a hearing within the proper time frame your driving privileges will automatically be revoked and you will have waived your right to a hearing.
When you request your Express Consent Hearing, the DMV will ask you if you want the police officer to be present at your hearing. You should consult with an experienced Colorado DUI attorney before making this decision or requesting your hearing. Upon requesting your hearing the DMV will send you a final letter called a “Notice of Hearing.” This letter will inform you of the time, date and location of your Express Consent Hearing. You should provide a copy of this letter to your Denver DUI attorney immediately.
- Express Consent hearings are determined on a preponderance or civil standard, which means was it more likely than not:
- You were in actual physical control of a motor vehicle in the state of Colorado;
- The officer had reasonable suspicion to contact you;
- The officer observed indicia of impairment and had probable cause to require invoke Colorado’s Express Consent Law;
- That chemical test was completed within substantial compliance of the CDPHE rules and regulations and that test was failed (.08 for adult drivers or .02 for minor drivers (under age of 21)), or the test was refused.
These hearings are presided over by a hearing officer that works for the DMV and will make the determination based on the facts presented at the hearing. While these hearing officers are supposed to be neutral and impartial, they are far from it. Make no mistake about it, these hearing officers get paid to revoke your driving privileges. You need a qualified and experienced DUI defense attorney to represent you at this hearing. Do not make a second mistake by not consulting and hiring a Denver DUI defense attorney to handle your Express Consent Hearing and your criminal DUI case.