A DUI arrest on I-70 near Silverthorne or after leaving Breckenridge can produce paperwork that feels more urgent than clear. Under Colorado’s express consent law, an Express Consent hearing is the administrative process that determines whether the state may revoke your driving privileges following an excessive blood alcohol result or an alleged chemical-test refusal. It is separate from the criminal DUI or DWAI case.
You only have a set number of days to ask for the hearing after you have received the notice of revocation. If you act within that time frame, you may challenge the DMV’s action, and the revocation may be temporarily postponed while the hearing is pending.
A DMV Hearing Determines Whether the Revocation Stands
The Express Consent hearing is conducted by the Hearings Division of the Colorado Department of Revenue, not by the judge handling the criminal charge. The hearing officer reviews the DMV packet, considers testimony and other evidence, and then determines whether the legal grounds for revocation have been met. The hearing is usually arranged within 60 days of the DMV receiving the request.
The administrative decision is often referred to as a Colorado DUI license suspension, but the law generally classifies it as a revocation. The revocation can result from a breath test indicating a BAC of 0.08 or higher, a subsequent blood test result, or an alleged refusal to submit to chemical testing.
Why Does Driving Activate Colorado’s Testing Rule?
The Colorado express consent statute treats a person who drives in the state as having agreed to qualifying chemical testing. Before directing the test, an officer must have probable cause to believe the person committed DUI, DUI per se, DWAI, or another covered offense.
In an alcohol investigation, a driver who is at least 21 generally may select either a blood or breath test. The driver must complete the selected test and cooperate so the sample can be obtained within two hours of driving. Refusal or noncooperation can create a separate basis for revocation.
The Hearing Request Deadline May Be Before Your Court Date
The deadline depends on when the notice arrives. After a breath test or an alleged refusal, an officer typically serves an Express Consent Affidavit and a Notice of Revocation. In a blood test case, the DMV generally mails a notice after receiving the laboratory result.
A written request must reach the DMV within the requisite number of days after you receive the notice or are legally deemed to have received mailed notice. Without a timely request, the right to a hearing is generally waived, and the administrative determination becomes final (unless you appeal).
If the statutory conditions are met, the driver may obtain a stay of the revocation, allowing driving privileges to continue until the hearing is resolved. However, a delay requested by the driver or counsel may affect that stay.
What Must Be Proven Under Colorado Express Consent Law?
At an Express Consent hearing in Colorado, the hearing officer uses the preponderance of the evidence standard, meaning a disputed fact is more likely true than not. That standard is lower than proof beyond a reasonable doubt in criminal court.
Depending on the case, the hearing may address:
- Excessive BAC. Did you drive or have actual physical control of a vehicle, and did a qualifying test show a BAC of 0.08 or higher, within two hours?
- Alleged refusal. Did an officer have probable cause to request testing, and did you refuse or fail to cooperate?
- Police contact and arrest. Were the initial contact and arrest constitutionally and statutorily valid?
- Supporting proof. Do the affidavit, reports, test records, and testimony establish the required facts?
The hearing officer has the authority to take evidence, assess the credibility of witnesses, issue subpoenas, and render a written decision.
Why Can the DMV and Criminal Court Reach Different Results?
The DMV hearing concerns driving privileges. The criminal case determines whether the prosecution can prove DUI, DUI per se, DWAI, or another offense and what penalties apply after a conviction.
The fact that a case is dismissed or reduced in court does not mean the DMV revocation is canceled, and a favorable decision by the DMV does not necessarily require dismissal of the charge. The same reports, recordings, and test records can appear in both proceedings, but the hearing officer and the court apply different legal standards.
Which Evidence Can Affect the License Decision?
The BAC figure or the refusal box alone does not provide the full picture because the DMV packet may include conflicting times, omit relevant facts, contain incomplete test information, or include statements that do not align with body-camera footage.
Relevant materials may include dispatch records, breath-testing documents, blood-laboratory records, medical evidence, witness information, chain of custody over blood vials, observation period before breath test, and proof of when notice was served or mailed. In a refusal case, video or audio may show confusion, a physical limitation, an attempt to cooperate, conflicting instructions, and whether the refusal was recanted.
An attorney can also decide whether the officer should appear. If properly requested or subpoenaed, the officer may testify and answer questions. Otherwise, the hearing officer may rely on the affidavit and reports.
What Should You Do During the First Week?
The first week should focus on preserving both the right to a hearing and useful evidence. Take these steps:
- Check the date the notice was issued—determine when the period began and timely submit the hearing request using an approved method;
- Retain all documents—save the affidavit, the temporary permit, the summons, the test paperwork, and any mailing envelopes;
- Make a record of everything that took place—note the police contact, the request for testing, your reply, and any steps you took to cooperate, and preserve any video footage; and
- Check that your driving status is valid—don’t assume that a request for a hearing or having a paper permit gives you the right to drive.
Take all necessary documentation to your consultation; even a small issue involving notice or timing may affect the range of available options.
Direct Representation for the DMV and Criminal Cases
The Law Offices of Susan Deschler have 25 years of legal experience and represent people accused of DUI or DWAI. Our firm has extensive experience in Colorado’s mountain areas and therefore handles cases arising from stops in Breckenridge, Frisco, Dillon, Silverthorne, Keystone, Copper Mountain, and on I-70.
We review the DMV packet, inform you of the deadlines, and contact you directly. We will prepare for the Express Consent hearing, assess any issues regarding the test or refusal, and defend the associated criminal case without treating the two proceedings as the same.
Contact our team to schedule your consultation and discuss the next steps to protect your driving privileges and address the court case.
Legal References Used to Inform This Page:
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Colorado Department of Revenue, Hearings Division.
- C.R.S. § 42-4-1301.1. Expressed consent for the taking of blood, breath, urine, or saliva sample—testing—rules—definition (2025).
- C.R.S. § 42-2-126. Revocation of license based on administrative determination (2025).
- Colorado Department of Revenue, Express Consent Cases Procedures.
- Colorado Division of Motor Vehicles, The DUI Administrative Process.
- Colorado Department of Revenue, Alcohol and Drug Related Offenses.
