The Anatomy of a DMV Hearing after a DUI in Colorado

What Law Provides for a DMV Hearing?

Colorado’s Express Consent Statute, C.R.S. § 42-4-1301.1, allows law enforcement officers to request a chemical test when they have probable cause to believe a driver is operating a vehicle under the influence of alcohol or drugs.

After a lawful DUI arrest, the officer will request that the driver submit to a chemical test of their blood alcohol content. The test may be either a breath test or a blood test, depending on the circumstances of the investigation.

Under the back-end provisions of the express consent statute, the Colorado Department of Revenue must revoke a driver’s license if the driver’s blood alcohol content is 0.08 or higher within two hours of driving. Drivers have the right to challenge this revocation by requesting a hearing.

However, the request must be made within seven days of the notice of revocation. Failing to request a hearing within that time period will typically result in an automatic license revocation.

Breath tests generally result in immediate revocation, meaning the driver’s license is taken at the time of arrest. Blood tests usually do not result in an immediate revocation because the results must first be processed by a laboratory. Once the results are received, the Department of Revenue will issue a notice of revocation and schedule a hearing.

You can learn more about this process on our page explaining DMV hearings after a DUI arrest.

What Are the Rules of a DUI DMV Hearing in Colorado?

An express consent hearing focuses only on a driver’s driving privileges, not criminal penalties.

The key word is privileges. Driving is not considered a constitutional right in Colorado. Because of this, the state can suspend or revoke a license using procedures that are different from criminal court.

A DMV hearing uses a civil burden of proof, which is known as the preponderance of the evidence standard. This means the state only needs to show that its version of events is more likely than not true. This is a much lower standard than the criminal standard of proof beyond a reasonable doubt.

The case is heard by a DMV hearing officer, not a judge or jury. Additionally, the rules of evidence are more relaxed than in criminal court. Evidence that might not be admissible at trial may still be considered at a DMV hearing if it is deemed reliable.

Drivers have the right to be represented by a Colorado DUI defense attorney and may cross-examine witnesses presented by the state.

Drivers also have the right to testify at the hearing. However, this decision must be made carefully because statements made during the DMV hearing can sometimes be used later in the criminal DUI case.

In many cases, the DMV hearing occurs before the criminal DUI case is resolved.

What Must the State Prove at a DMV Hearing?

Although the DMV case is separate from the criminal case, many of the same issues will be examined.

The state must establish a chain of events showing that the express consent law was properly applied. If the state cannot prove one part of this chain, the license revocation may be overturned.

1. Lawful Contact with the Driver

First, the state must show that law enforcement had a valid reason to contact the driver.

In most cases, this occurs during a traffic stop after an officer observes a traffic violation. Police may also contact a driver during an accident investigation or welfare check.

An experienced DUI defense lawyer will review the police reports and evidence to determine whether the officer had lawful grounds for the initial contact.

2. Probable Cause to Believe the Driver Was Impaired

Second, the officer must show that they had probable cause to believe the driver was under the influence.

This does not require proof that the driver was actually intoxicated. Instead, the officer must show that there were indicators suggesting impairment.

Common indicators include:

• Odor of alcohol

• Bloodshot or watery eyes

• Slurred speech

• Admissions of drinking

• Poor performance on standard field sobriety tests

3. Advisement of Express Consent

After arresting the driver for DUI, the officer must advise the driver of Colorado’s express consent law.

Officers usually read the advisement from a department-issued card explaining the driver’s obligations and the consequences of refusing a chemical test.

At the DMV hearing, the officer typically only needs to testify that the advisement was given.

4. Chemical Test Within Two Hours

Finally, the state must show that the chemical test occurred within two hours of driving or being in actual physical control of the vehicle.

If the state proves all of these elements, the Department of Revenue will revoke the driver’s license.

The length of revocation depends on several factors, including whether the driver submitted to testing or refused testing, and the number of prior alcohol-related driving offenses.

What Happens After a DUI Revocation in Colorado?

The length of a license revocation depends on the circumstances of the case.

For a first DUI involving a chemical test, the revocation period is typically nine months.

If a driver refuses chemical testing, the revocation period increases to one year.

In many situations, drivers may apply for early reinstatement after a certain period of time. Early reinstatement usually requires installation of an ignition interlock device and proof of SR-22 insurance.

In some cases, a driver may choose to wait out the full revocation period and regain their license without additional conditions. However, many drivers benefit from seeking reinstatement as soon as possible so they can legally return to driving.

Because these decisions can have long-term consequences, it is important to speak with an experienced attorney to determine the best approach.

Speak With a Colorado DUI Defense Attorney

Driving is essential for many people in Colorado. Losing driving privileges after a DUI arrest can create significant hardship, especially for individuals who rely on their vehicles for work or family responsibilities.

Understanding the DMV hearing process can help drivers protect their rights and prepare an effective defense.

The Lawrence Law Firm is a DUI defense firm located in Aurora, Colorado. Our firm has more than a decade of experience representing individuals facing DUI charges and administrative license revocations.

If you have questions about a Express Consent, do not hesitate to contact our office to request a consultation.