Hearings Division

Frequently Asked Questions

What happens at a Driver License Hearing?

Driver license hearings are administrative and are more informal than court proceedings. Your hearing will be held by Zoom.

When you are scheduled for a hearing, notice will be sent to you indicating how to check in for your electronic hearing. You can still appear by phone only, but you will still need to sign into Zoom.
 
During the hearing, you will meet with a Hearing Officer who will explain the nature and purpose of the hearing to you. You will have an opportunity to ask questions about the procedure; however the Hearing Officer cannot provide legal advice. If your case is an express consent case, and you have requested the officer's presence, the officer will testify first and you will have the opportunity to ask relevant questions (cross-examine) of the officer.  The officer’s name who appears on the Request for Administrative Hearing form is the officer who signed the Express Consent Affidavit.
 
For any other matter, the Hearing Officer will review the evidence with you, such as reviewing your points on record, etc. You will have an opportunity to present evidence such as witnesses or you may testify on your own behalf. You are not required to testify.

How do I request a hearing?

How you request a hearing depends on the type of hearing. Generally, if you were served with a yellow or carbon copy of an Affidavit and Notice of Revocation (most typically for a DUI/DWAI arrest) or an Affidavit and Notice of Suspension by a police officer , you will need to request a hearing with the Division of Motor Vehicles (DMV). You may do this in person at any full service Driver License office, or in writing via US mail or email. Please visit the DMV website for more information on these types of hearing requests. If you were not served with paperwork by a police officer, you can schedule your hearing by contacting the Hearings Division. A probationary driver license (red license) is not available in many cases.

How do I reschedule a hearing?

You only need to submit a reschedule request form for three case types. These are Express Consent (EC), Suspension for Administrative Insurance (SAIN), and Suspension for a Hit and Run (SHAR). You do not need to submit a form if you want to reschedule another type of hearing. Instead, please call the Hearings Division at (303) 205-5606 or email dor_info_hearings@state.co.us.

For Express Consent Hearings, reschedule requests must be in writing. By law, if an attorney or respondent requests a reschedule, the revocation will go into effect on the date the hearing was originally scheduled. C.R.S. §42-2-126(6)(d) The Hearings Division will attempt to accommodate your request, however due to the docket caseload, it may not be possible to reschedule your case. Hearings must be held within 60 days of the original request, and there must be sufficient time to notify all parties. 

If you are a law enforcement officer, you may request a reschedule for a reasonable conflict (including, but not limited to training, vacation, or personal leave) provided the request is made at least 48 hours prior to the hearing. C.R.S. §42-2-126(8)(a)(III) 

If the case is rescheduled for hearing officer or police officer unavailability, the case must be scheduled for the earliest possible time in which the hearing officer and police officer are available. See § 42-2-126(8)(a)(III),(IV) C.R.S. and Emmons v. Colorado Department of Revenue, 2020 C.O.A. 17 (Colo. App. 2020). Rescheduling for the earliest possible time is jurisdictional and cannot be waived. See Emmons at ¶29, ¶36.

Reschedule requests may be considered up to the time of hearing if they are for just cause, including but not limited to medical reasons, law enforcement emergency, or another court or administrative hearing, as long as the Hearings Division is notified prior to dismissal of the case. C.R.S. §42-2-126(8)(a)(III).

How can I prepare for my hearing?

You should be prepared to discuss the issues with the Hearing Officer. Bring anything you want the Hearing Officer to consider to your hearing. Due to the caseload of the Hearings Division, you may not be given more time to gather evidence. You can also submit evidence in advance of the hearing by using this form

If your hearing is regarding an ignition interlock matter or Express Consent, copies of the reports will be sent to you via email. You will need to set up a password to access the attachments. It is recommended that you download the attachments right away, as they expire after 7 days. 

Do I need an Attorney?

It is entirely your decision whether you will be represented by an attorney at your hearing; you are not required to have one. As driver license matters are administrative, there is no right to an attorney if you cannot afford one. If you choose to proceed without an attorney, the Hearings Division staff (including Hearing Officers) cannot provide legal advice.

What happens if I get a DUI or DWAI conviction in court?

If you are convicted of DUI (Driving Under the Influence of Alcohol and/or Drugs) or DWAI (Driving While Ability Impaired by Alcohol and/or Drugs) in court, you may face further loss of your driving privileges, depending on your circumstances. If you are convicted of DUI or DWAI, and under 21, your license will be revoked for 12 months.  By law, there are no driving privileges available, including either a probationary driver license or early reinstatement.
 
If you are 21 or older, a first time conviction for DUI will result in a nine month revocation. You may be eligible for early reinstatement.  
If you have two convictions for either DUI or DWAI which occur within five years of each other based on date of violation (not date of conviction), your license will be revoked for one year. 

If you have three or more convictions for either DUI or DWAI at any point, your license will be revoked for two years, although you may be eligible for early reinstatement.
 
There are no driving privileges that can be granted by the Hearings Division while under any of these revocations. The only option is early reinstatement. The Hearings Division has no role in the early reinstatement process, nor any authority to approve early reinstatement for anyone. 

You may request a hearing, however the only issue will be whether the court correctly reported the convictions to the DMV. 
Legal Authority: C.R.S. § 42-2-125, C.R.S. § 42-2-132.

How do I appeal the decision of my DMV hearing?

The Hearing Officer's decision is the final agency action. After the order is issued the Hearing Officer loses jurisdiction over the matter. If you disagree with the decision you may file an appeal.

The appeal is filed in the district court in the county where you live. Appeals must be filed within 35 days of the date of the decision. If you appeal, you will be required to obtain a transcript of the hearing at your expense.

In an appeal, the judge will review the transcript and make a determination as to whether the Hearing Officer correctly applied the law, was arbitrary or capricious, acted within their authority, or if there are facts in evidence to support the conclusion of the Hearing Officer.
 
An appeal is not a second hearing – if the judge determines that the Hearing Officer correctly applied the law, the Judge cannot change the decision. There is no authority for a Hearing Officer to reconsider a decision. 

How do I request accommodations pursuant to the ADA?

The Colorado Department of Revenue Hearings Division complies with federal and state disability laws and makes reasonable accommodations for hearing participants.  If a reasonable accommodation is needed to participate in a hearing, please complete this request form. You will be contacted by a member of the Hearings Division to confirm your request.

How do I obtain a recording or transcript of a hearing?

The Hearings Division does not provide transcripts. You may request an audio recording of your hearing by completing this form. It is up to the requestor to arrange for transcription of the recording. 

Can I get a “red” (probationary) license?

There are very few circumstances where Colorado Statute allows for the issuance of a probationary license. The most common occurrence stems from a suspension of your driving privilege for excessive points. A Hearing Officer may grant a probationary license to allow you to drive for specific reasons. 

Probationary licenses are not available for most other types of suspensions and revocations. Please review the information section on this page related to your specific circumstance for information on eligibility. 

Legal Authority:,C.R.S.  §42-2-127,1 CCR 211-3

Can I have an interpreter for my hearing?

The Hearing Division does not provide foreign language interpreters. If you are not comfortable with the English language, it is your responsibility to provide an interpreter. The interpreter must be at least 18 years of age and able to translate and understand legal terms. 

Please note - American Sign Language interpreters will be provided. Please complete this form at least two weeks before your scheduled hearing so that a sign language interpreter can be arranged. 

I received an encrypted email regarding my hearing. What do I do?

The Department of Revenue is committed to protecting personal identifying information. Documents related to hearings typically contain this type of information, so you can expect to receive your documents in an encrypted email format. 

You will need to create an account and set up a password in order to get access to the email. This will be something you choose, and is not dependent on information provided to you by the Department. 

Please note that these emails do expire, so they should be given immediate attention. You will no longer be able to view attachments to those emails after that time. Once you access the email, you will be able to download the attachments for viewing at a future date.

Additionally, it is possible that the email from the Department may end up in your spam folder. If you are expecting documents related to your hearing, be sure to check your email regularly. All emails from the department will come from the domain "@state.co.us". If you wish to determine if the email originated from the Department, please contact us for verification. 

For troubleshooting, questions, or step-by-step instructions, please visit this page: https://techu.state.co.us/security/email-encryption

 

About Us

The Hearings Division is an independent Division of the Department of Revenue (DOR). This Division conducts administrative hearings on issues related to individual licenses and business licenses granted, denied or revoked by a Division of the Colorado Department of Revenue. Hearings can be requested from one of the following Divisions:

  • DMV (Driver Services and Vehicle Services)
  • Tax
  • Liquor
  • Marijuana
  • Auto Industry
  • Racing

The Hearings Division also conducts hearings related to rule promulgation by other DOR Divisions.
 
The Hearings Division's purpose is to provide due process to individuals or businesses that were not granted, may lose, or have lost the privilege of a license. The Hearings Division conducts fair, impartial and efficient hearings and individuals are given an opportunity to be heard and present their case.