How to Request a Colorado DMV Hearing After DUI Arrest: Step-by-Step Guide

You’ve been arrested for DUI in Colorado, and an officer handed you paperwork about something called an “Express Consent hearing.” The document says you have seven days to request it, or you’ll automatically lose your license. This deadline is real, it’s binding, and missing it could cost you your driving privileges for months.

If you’re reading this within days of your arrest, you’re in the right place. This guide walks you through exactly how to request your Colorado DMV hearing, what forms you need, and what happens next. Every step matters, and time is critical.

What Is a Colorado DMV Express Consent Hearing?

A DMV Express Consent hearing is an administrative proceeding separate from your criminal DUI case. It determines whether the Colorado Department of Revenue will suspend or revoke your driver’s license based on either:

• Refusing a chemical test (breath or blood), or
• Testing at 0.08% BAC or higher

This hearing happens through the Colorado DMV’s Driver Control Section, not through criminal court. Even if you win your DMV hearing, you may still face criminal DUI charges, and vice versa. They’re two completely separate proceedings with different standards of proof.

Why the hearing matters: Winning your DMV hearing means you can keep driving (or get a restricted license) while your criminal case proceeds. Losing it means automatic license suspension starting immediately.

For comprehensive information about what happens in the first 24-48 hours after a DUI arrest, see our complete guide: What to Do After a DUI Arrest in Colorado.

The Critical 7-Day Deadline

You have exactly 7 calendar days from the date of your arrest to request a DMV hearing. Not 7 business days. Not 7 days from when you remember. Seven calendar days from your arrest date, including weekends and holidays.

What happens if you miss the deadline:

• Your license suspension becomes automatic
• No hearing will be scheduled
• No opportunity to challenge the suspension
• You cannot get this deadline back

We’ve had clients call us on day 8, devastated that they didn’t realize how serious this deadline was. There are no extensions, no exceptions, no second chances. If you’re reading this and your arrest was 5 or 6 days ago, stop reading and request your hearing immediately. You can come back to this article later.

Step 1: Locate Your Notice of Revocation

When you were arrested, the officer should have given you a document called either:

• Notice of Revocation, or
• Express Consent Affidavit and Notice of Revocation

This document is typically a pink or yellow form that includes:

• Your personal information and license number
• The date and time of your arrest
• Your test results (or notation that you refused)
• The deadline to request your hearing (7 days from arrest)
• Instructions for requesting the hearing

If you took a blood test: The officer may have filed paperwork with the DMV, and you’ll receive a letter in the mail notifying you of test results. In blood test cases, you have 7 days from the date on the DMV letter to request your hearing.

If you lost this paperwork: Contact the arresting agency immediately or call the Colorado DMV Driver Control Section at (303) 205-5600 to verify your deadline and get instructions.

Step 2: Gather Required Information

Before you submit your hearing request, have this information ready:

Personal Information:

• Full legal name (as it appears on your license)
• Colorado driver’s license number
• Current mailing address
• Phone number
• Email address (recommended)

Arrest Details:

• Date of arrest
• Arresting agency (Colorado State Patrol, Colorado Springs Police, etc.)
• County where arrested (El Paso, Douglas, Denver, Arapahoe, etc.)
• Whether you took or refused the chemical test
• Your BAC level (if you took the test)

Optional but Helpful:

• Copy of your Notice of Revocation
• Case number (if provided)
• Name of arresting officer

Step 3: Choose Your Submission Method

You have three ways to request your DMV hearing. Each has pros and cons:

Option 1: Online Submission (Fastest)

The Colorado DMV allows online hearing requests through their website.

Pros:

• Instant confirmation
• No postage or fax needed
• Available 24/7
• Creates electronic record

Cons:

• Website can occasionally have technical issues
• Requires reliable internet access

How to submit online:

1. Visit the Colorado DMV website: dmv.colorado.gov
2. Navigate to the “Driver Services” or “License Revocation” section
3. Look for “Request an Express Consent Hearing” or similar link
4. Fill out the online form completely
5. Print or screenshot your confirmation

Option 2: Mail Submission

You can mail a written request to the DMV Driver Control Section.

Pros:

• Simple paper form
• Creates paper trail
• No technology required

Cons:

• Slower processing
• Risk of mail delays
• No immediate confirmation
• Must be received within 7 days (not just postmarked)

Mail your request to: Colorado Department of Revenue
Driver Control Section
1881 Pierce Street, Room 152
Lakewood, CO 80214

What to include:

• Written statement: “I request an Express Consent hearing”
• Your full name and date of birth
• Driver’s license number
• Date of arrest
• Mailing address and phone number
• Your signature

Critical tip: Use certified mail with return receipt to prove timely filing. Regular mail is risky because you have no proof of when it was received.

Option 3: Fax Submission

Fax your written hearing request to the DMV.

Pros:

• Faster than mail
• Fax confirmation serves as proof
• Can be done same-day

Cons:

• Requires access to fax machine
• Must keep confirmation page
• Less common method today

Fax to: (303) 205-5990

Important: Keep your fax confirmation page showing successful transmission and the date/time. This is your proof of timely filing.

Step 4: Keep Proof of Your Request

Regardless of which method you use, keep proof that you requested the hearing within 7 days:

• Online: Print or screenshot the confirmation page
• Mail: Keep your certified mail receipt
• Fax: Keep the fax confirmation page

This proof is critical. If the DMV claims they never received your request, your documentation proves you filed on time.

Step 5: Obtain a Temporary Permit

After you request your hearing, you’re eligible for a temporary driving permit that allows you to drive until your hearing date.

How to get your temporary permit:

If you still have your physical license, the Notice of Revocation you received at arrest typically serves as a temporary permit for 7 days. After requesting your hearing, contact the DMV to obtain an extended temporary permit.

If the officer took your physical license, you’ll need to visit a DMV office to get a temporary permit. Bring:

• Photo ID (passport, birth certificate, etc.)
• Proof that you requested a hearing
• Payment for the permit fee

Temporary permit restrictions:

• Valid only in Colorado
• Must carry with you while driving
• Expires on your hearing date
• Subject to all normal traffic laws

What Happens After You Request Your Hearing?

Once the DMV receives your request, here’s what to expect:

Within 2-3 weeks: You’ll receive a notice by mail confirming your hearing date, time, and location. Hearings typically occur 30-60 days after your arrest.

Hearing location: Express Consent hearings are conducted via computer using Zoom. S

Before the hearing: The DMV will send you copies of the evidence they plan to use, which may include:

• Officer’s report
• Breath or blood test results
• Maintenance records for testing equipment
• Your driving record

Should You Hire an Attorney for Your DMV Hearing?

Yes. While you’re not required to have an attorney at your DMV hearing, having experienced legal representation dramatically improves your chances of success.

What a DUI attorney can do:

• File your hearing request immediately (often within hours of being hired)
• Represent you at the hearing so you don’t have to attend
• Cross-examine the arresting officer
• Challenge test results and procedures
• Identify violations
• Present possible defenses

Success rates: Attorneys who regularly handle Express Consent hearings know the technical requirements, common officer mistakes, and effective defense strategies. These hearings are highly technical, and procedural errors by law enforcement can result in your license suspension being reversed.

The Colorado Springs DUI lawyers at Right Law Group handle DMV hearings throughout El Paso County, Douglas County, Denver County, and surrounding areas. We’ll fight to protect your driving privileges.

Common Mistakes to Avoid

Mistake #1: Waiting to Hire an Attorney

Many people think they’ll “handle it themselves” and hire an attorney later. By the time they realize they need help, the 7-day deadline has passed. Hire an attorney immediately after your arrest, and they’ll ensure the hearing is requested on time.

Mistake #2: Relying on the Mail

Unless you use certified mail, you have no proof the DMV received your request. Regular mail can be delayed or lost. Use online submission or fax for faster, verifiable delivery.

Mistake #3: Providing Incomplete Information

If your hearing request is missing critical information (like your license number or arrest date), the DMV may reject it or delay processing. Fill out all forms completely and accurately.

Mistake #4: Not Following Up

After requesting your hearing, follow up within 7-10 days to confirm the DMV received it and has scheduled your hearing. Don’t assume everything is fine.

Mistake #5: Missing the Hearing Date

If you request a hearing but don’t attend (or have your attorney attend), you automatically lose. Treat the hearing date as the most important appointment on your calendar.

What If You Missed the 7-Day Deadline?

If you’re reading this and your 7-day window has closed, you have very limited options:

Automatic suspension applies: Your license will be suspended for:

• 9 months (first offense, BAC 0.08% or higher)
• 1 year (first offense, refusal)
• Longer periods for subsequent offenses

Possible options:

1. Apply for early reinstatement after completing Level II Alcohol Education
2. Get an ignition interlock restricted license (may be available after 30 days for first offense)
3. Focus on your criminal case – winning your criminal DUI case doesn’t restore your license, but it prevents additional penalties

For detailed information about getting an ignition interlock restricted license, see our guide: Getting an Ignition Interlock Restricted License in Colorado.

Frequently Asked Questions

Can I request a hearing if I refused the test?

Yes. In fact, it’s even more important to request a hearing if you refused because refusal carries a longer automatic suspension (1 year vs. 9 months). At the hearing, you can challenge whether you properly refused and whether the officer followed correct procedures.

Will requesting a hearing delay my license suspension?

Yes. Requesting a hearing stays (postpones) the automatic suspension until after your hearing occurs and a decision is made. This means you can continue driving with a temporary permit while waiting for your hearing.

What if I live out of state but was arrested in Colorado?

You still must follow Colorado’s procedures for requesting a hearing. Most hearings can be conducted by phone for out-of-state drivers. Your attorney can represent you without you needing to travel to Colorado.

How long does the DMV hearing take?

Most Express Consent hearings last 30-60 minutes. The officer testifies, your attorney cross-examines, and you may present evidence or testimony. The hearing officer typically issues a decision within 7-10 days after the hearing.

What happens if I win my DMV hearing?

If you win, your license suspension is reversed, and your full driving privileges are restored. However, you still face criminal DUI charges in court, which are separate proceedings.

What happens if I lose my DMV hearing?

If you lose, the suspension goes into effect immediately. You may be eligible for an ignition interlock restricted license depending on your circumstances. You can still fight your criminal DUI case.

Don’t Wait – Request Your Hearing Now

The 7-day deadline to request your Colorado DMV hearing after a DUI arrest is non-negotiable. Missing it means automatic license suspension with no opportunity to challenge it.

If you were recently arrested:

1. Request your hearing immediately (online, mail, or fax)
2. Keep proof of your request
3. Contact an experienced DUI attorney today

If your arrest was within the last 7 days, act now. Every hour counts.

The criminal defense attorneys at Right Law Group have handled hundreds of DMV Express Consent hearings throughout Colorado’s Front Range. We know how to challenge officer testimony, contest test results, and protect your driving privileges.

Contact us today for a free consultation. We’re available 24/7 and will file your hearing request immediately. Our offices serve clients in Colorado Springs, Castle Rock, Denver, and Highlands Ranch.

Don’t lose your license by default. Request your hearing today.

Disclaimer: This article provides general information about requesting a Colorado DMV hearing after DUI arrest and does not constitute legal advice. DMV procedures can change, and every case has unique circumstances. For specific legal guidance about your situation, contact a qualified Colorado DUI defense attorney. The 7-day deadline is strictly enforced, and this article cannot substitute for immediate professional legal assistance.

Related Articles:

• What to Do After a DUI Arrest in Colorado: Your First 24-48 Hours
• Colorado DUI Penalties: Complete Guide