Express Consent Cases Procedures

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You will either be given an Express Consent Affidavit and Notice of Revocation from the arresting police officer (if you took a breath test or refused testing) or you will be given a Notice of Revocation by mail from DMV (if you took a blood test) and you will have up to 7 days to request a hearing.

If you do not dispute the revocation or do not request a hearing, the revocation will take effect at the conclusion of the time frame given, as outlined by statute.

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Early Reinstatement, see C.R.S. §42-2-12.5

To confirm your reinstatement requirements contact the Department of Motor Vehicles, Driver Services desk at 303-205-5613. 

While under suspension or revocation, you may not drive until your license is reinstated. 

Requesting A Hearing, see C.R.S. §42-2-126(7-8)

To request an Express Consent Hearing, you must do so in person at a Division of Motor Vehicles office.  Due to recent Covid-19 and technology changes, you may also request a hearing in writing via US mail or email. Please direct your request to the  Express Consent Unit at dor_hearingrequest@state.co.us; please do not mail the Hearings Division. This could result in a delay in processing your request because the Hearings Division cannot process this request.

If you fail to request a hearing within the required time to request a hearing, you may petition and submit a Request For a Late Hearing in writing to DMV. Your written request must clearly state why you didn't request a hearing on time initially, (such as incarceration), and include your case number, license or identification card number, and a valid mailing address. There is no specific form to use; you may submit your request via email to the Express Consent Unit at dor_hearingrequest@state.co.us

After the hearing request is approved by DMV, the Hearings Division will schedule the hearing and assign a Hearing Officer to conduct the hearing.

When you first request a hearing, you will be asked whether you want the officer who signed your Express Consent Affidavit to be present for the hearing. It is up to you if you want the officer to appear and testify. If you do not request the officer to appear and later change your mind and want the officer to testify at your hearing, or, if there are additional officers you would like to appear at the hearing, you will need to request a subpoena from the Hearings Division.
 

Requesting a Subpoena, see 1 CCR 211 -2

You may subpoena the officer who signed the Express Consent affidavit or other officers involved with your case by completing the Request for Subpoena form.

Once you have completely filled out the Request for Subpoena and included any additional required statements, you may email it to dor_info_hearings@state.co.us.

When approved, you will receive the approved subpoena by email. You must make arrangements to have the officer personally served in accordance with the rules for service.

The subpoena must be served at least 5 calendar days in advance of the hearing when requesting law enforcement officers. Subpoenas for all other witnesses requested must be served at least 48 hours in advance of the hearing.

At the Hearing, see 1 CCR 211 -2

At the hearing, the Hearing Officer will review the documents submitted by the DMV (called the Express Consent packet) to determine whether the statutory elements have been satisfied and will also consider any evidence or testimony you wish to present.

If you took a chemical test, the Hearing Officer will make a determination as to whether you drove or were in control of a motor vehicle in the State of Colorado and your BAC was .08 or greater within two hours of driving.

If you refused to take a chemical test, the issue is whether you drove or were in control of a motor vehicle in the State of Colorado and a law enforcement officer had probable cause to request a chemical test, and you refused to take a test or to cooperate in completing a test within two hours of your driving.

If the Hearing Officer determines by a preponderance of the evidence then he or she is required to enter a revocation. The Hearing Officer does not have any discretion in the length of the revocation and may not authorize driving prior to reinstatement.

Legal Authority: C.R.S. §42-2-126, C.R.S. §42-4-1301, C.R.S. §42-4-1301.1

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Disclaimer: This summary was prepared by the Department of Revenue Hearing Division and should be used as a reference only. Interested parties should refer to the full text of the law and seek legal counsel before drawing conclusions.