DMV after a DUI in Colorado

When you’re charged with DUI in Colorado, you’re not just facing criminal penalties—you’re also facing a Colorado DUI license revocation through a separate administrative process. These two cases run on different tracks, and each must be handled carefully.

At the Lawrence Law Firm, our DUI defense attorney in Aurora represents clients in both the courtroom and at their Colorado DMV Express Consent hearings. We understand how crucial your ability to drive is—to your job, your family, and your daily life—and we’re here to protect that right.

What is Colorado's Express Consent Law?

Colorado’s Express Consent law (C.R.S. § 42-4-1301.1) applies to every driver in the state. By operating a vehicle, you give “express consent” to submit to a chemical test (blood or breath) if you’re lawfully stopped and the officer has probable cause to suspect that you’re under the influence of alcohol or drugs.

This law gives officers legal authority to request a chemical test, and refusing to take the test carries automatic license consequences—even before you go to court.  A Colorado license revocation can occur before the DUI charges are resolved.

What Happens During a DUI Traffic Stop?

When an officer stops you on suspicion of DUI, they begin collecting evidence from the moment of contact. This includes:

  • Observing your driving behavior (weaving, speeding, erratic turns)
  • Detecting signs of intoxication (odor of alcohol, red eyes, slurred speech)
  • Asking questions about recent drinking or drug use
  • Requesting field sobriety tests (e.g., walk and turn, one-leg stand)

If the officer believes there’s enough evidence of impairment, they will make an arrest and request a chemical test under the Express Consent law.

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If you are facing a Colorado DUI license revocation, reach out today. We’ll review your situation, answer your legal questions, and explain your options — all at no cost and with no obligation.
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Can You Refuse a Chemical Test in Colorado?

You can refuse—but it comes at a cost. A chemical test refusal:

  • Automatically triggers a 12-month license revocation (first offense)
  • Results in longer waiting periods for early reinstatement
  • Can be used as evidence of guilt in your criminal trial

Legally, a “refusal” doesn’t just mean saying “no.” If you fail to cooperate, delay the test, or don’t complete it properly, it may be deemed a refusal.

In order for a Colorado DUI license revocation to go into effect, it must be a true refusal.  To determine whether a refusal accord, it is always best to speak with a DUI lawyer in Colorado.

What is a Colorado Express Consent Affidavit?

After a DUI arrest, you will be issued a Notice of Revocation and an Express Consent Affidavit. These documents inform you:

  • That your license is subject to revocation
  • That you have 7 days to request a DMV hearing
  • That failure to act results in automatic revocation

If your test was a blood draw, this paperwork may be mailed after the results come in—so it’s important to monitor your mail and act quickly.

Hearings may be requested online through the Hearings Division of the Department of Revenue.

What to Expect at a DMV Hearing after a DUI

Once you request your hearing, the DMV must hold it within 60 days. You’ll receive a temporary driving permit that allows you to continue driving until the hearing date.

The hearing itself is conducted by a Colorado DMV hearing officer, not a judge. Unlike a courtroom trial, you are not entitled to a jury, and the rules of evidence are relaxed. Hearsay is admissible, and officer affidavits are often accepted without live testimony.

Key Issues the Hearing Officer Will Consider:

  • Did law enforcement have a valid reason to stop your vehicle?
  • Was there probable cause to believe you were under the influence?
  • Were you properly advised of the Express Consent law?
  • Was the chemical test administered within two hours of driving?
  • Was your BAC .08 or higher?

The hearing officer applies a preponderance of the evidence standard—meaning more likely than not. This is a lower burden than “beyond a reasonable doubt.”

The Department of Revenue provides a “Basic Lifespan of an Express Consent Per Se or Refusal“.

Colorado DUI License Revocation Process

In Colorado, DUI charges involve two separate cases:

  1. Criminal case in court
  2. Administrative case with the Department of Motor Vehicles (DMV)

If your BAC was 0.08% or higher, or you refused a chemical test, the DMV may move to revoke your driver’s license. You have only seven (7) days from your arrest to request a DMV hearing — if you miss this deadline, your license will be automatically revoked.

We help clients through the entire DMV process, including:

  • Filing the request for a hearing
  • Representing you at the DMV hearing
  • Exploring options for early license reinstatement
  • Advising on ignition interlock and SR-22 insurance

How does a DUI Affect your License?

If the hearing officer finds the above elements are met, your license will be revoked under the following schedule:

Offense Type

License Revocation Period

First BAC ≥ .08

9 months

Second BAC ≥ .08

12 months

Third BAC ≥ .08

24 months

First Refusal

12 months

Second Refusal

24 months

Third Refusal

36 months

If you win your Express Consent hearing, the Colorado DUI license revocation is avoided, but this has no effect on your criminal case. Likewise, a dismissal in court doesn’t restore your license if it’s already been revoked through DMV.

Can a DUI Conviction Revoke Your License?

Separate from the Express Consent process, a conviction for DUI or DWAI can also result in a revocation under C.R.S. § 42-2-125. This happens after sentencing and is handled by the Division of Motor Vehicles.

For example:

  • A DUI conviction involving drugs can result in revocation, even without a BAC.
  • A DUI conviction adds 12 points to your license, which can also lead to suspension.

This is why even if you “beat” the DMV hearing, a conviction in criminal court can still result in a loss of driving privileges.

Early Reinstatement of Driving Privileges in Colorado

If your license is revoked, you may still be eligible for early reinstatement, provided you meet specific conditions.

Requirements for Early Reinstatement:

  • Interlock ignition device installed on your vehicle
  • Proof of SR-22 insurance
  • Enrollment in Level II Alcohol Education (if BAC ≥ .15)
  • 60-day waiting period for test refusals

You don’t need to complete the Level II classes before reinstating, but enrollment is required. Once the requirements are satisfied, you can apply for an interlock-restricted license through a DMV driver license office. A driving test may be required in some cases.

Note:

Early reinstatement is mandatory for eligible first-time DUI offenses involving alcohol. Repeat offenders may still qualify, depending on the timing and severity of prior offenses.

What is an Interlock Device?

An interlock ignition device is a breathalyzer installed in your vehicle. It prevents the engine from starting if alcohol is detected on your breath. The device must remain installed for a specified period, typically:

  • 9 months for a first offense with a BAC under .15
  • 2 years or longer for repeat offenders or refusals

You must also bring the device in for regular monitoring and calibration.

Why You Need a DUI Attorney for a DMV Hearing

The Express Consent process is fast-moving, and the deadlines are strict. If you miss the 7-day window to request a hearing, you lose your chance to contest the revocation. Additionally:

  • You may be unfamiliar with DMV procedure and evidentiary standards
  • The hearing officer may rely heavily on police testimony and written reports
  • A skilled DUI attorney can raise procedural and legal challenges that may save your license

At the Lawrence Law Firm, we don’t treat your DMV hearing as a formality—it’s part of your defense strategy. We work to protect your rights, preserve your license, and minimize penalties at every stage of your DUI case.

Don’t Let a Colorado DUI License Revocation Derail Your Life

If you’re facing DUI charges and a potential license revocation in Aurora, Denver, Arapahoe County, Adams County, or Douglas County, we are here to help. The Lawrence Law Firm offers:

  • Free consultations
  • Flat fee representation
  • Flexible payment plans
  • Evening and weekend appointments available by request

We are committed to defending your freedom and your ability to drive. Contact us today to speak directly with a skilled attorney about your Colorado DUI license revocation.

Call now or request your free consultation online. Let us help you fight to keep your license.

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Contact Information

Address

2821 S. Parker Rd. Suite 865
Aurora, CO 80014

Contact

lain@coloradodefenders.com
Ph: 720-369-4929

Hours

Monday-Friday: 8 am - 6 pm
Weekends and Afterhours By Appointment