What to Expect from a Colorado DMV Hearing After Being Charged with DUI

by John Buckley on Feb. 26, 2020

Criminal DUI-DWI Criminal 

Summary: This is a summary of what to expect from the DMV if you have been charged with a DUI.

Did you provide a breath sample?

If so, and your breath alcohol level was greater than .08, the officer likely confiscated your driver's license and provided you with a yellow copy of your "Notice of Revocation." This acts as a temporary driver's license for 7 days and allows you full driving privileges during this 7 day period.

To challenge your license revocation and extend your temporary license, see below for requesting an "Expressed Consent" hearing.

Did you provide a blood sample?

If so, the officer likely did not confiscate your driver's license. You maintain full driving privileges until law enforcement obtains results from the blood test. If the result was greater than .08, they will contact the DMV who will then send a Notice of Revocation to the address listed on your driver's license. This notice will likely NOT BE FORWARDED if you have moved and not updated your address. Once you receive this, you must request an "Expressed Consent" hearing to challenge your revocation of driving privileges.

See below for requesting this hearing.

Did you refuse to provide a breath or blood sample?

If so, the officer likely confiscated your driver's license and provided you with a yellow copy of your "Notice of Revocation." This acts as a temporary driver's license for 7 days and allows you full driving privileges during this 7 day period.

To challenge your license revocation and extend your temporary license, see below for requesting an "Expressed Consent" hearing.

Requesting the "Expressed Consent" Hearing

Once you have received your notice of revocation, you have 7 days to request a hearing challenging the revocation of your driver's license. Simply go to any full service DMV driver's license office as soon as you can. If possible, bring the yellow copy of your notice of revocation with you.

Inform the clerk that you need to request an Expressed Consent hearing. They will provide you with a form to fill out.

One major concern is whether to request the presence of the officer who took your license. Their are positives and negatives to be evaluated. You should consult with a licensed Colorado attorney.

The Hearing Room

This is not a courthouse. You will walk into an office with a desk for the DMV hearing officer, a couple of chairs, other office decor, and a computer. This computer will record the audio portion of the hearing. Anything you say may be recorded so be careful about what you say, especially if the Hearing Officer has left the room.

The Hearing Itself

You may choose to hire an attorney to represent you. The Hearing Officer will review the materials in the "Expressed Consent" packet. This contains the police reports from your encounter. If you requested the officer's presence, they will be sworn and they will testify regarding their observations from the date of the offense. You or your attorney have the opportunity to cross exam the officer. You will then have the opportunity to provide sworn testimony and the Hearing Officer may ask you questions.

Obviously, there are legal strategies to consider and you should consult with an attorney regarding your rights at a DMV hearing.

 

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