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After a DUI arrest in Colorado, many drivers are surprised to learn that their case involves two separate processes: a criminal court case and an administrative hearing with the Colorado Department of Revenue, Division of Motor Vehicles (DMV). While the court decides guilt or innocence in the legal sense, the DMV focuses specifically on driver’s license status — and its process starts almost immediately after the arrest.
The DMV hearing plays a critical role in determining whether your license will be suspended, how long the suspension will last, and whether you’ll be required to install an ignition interlock device. The outcome of this hearing can affect your ability to legally drive, even before your criminal case is resolved.
This blog post breaks down how DMV hearings work after a DUI in Colorado, including how to request one, what happens during the hearing, and how decisions are made. It also explains how the DMV process differs from the court system. This is not legal advice — just a clear explanation of the process so you know what to expect after a DUI arrest.
What Triggers a DMV Hearing After a DUI?
In Colorado, DMV hearings are triggered by certain DUI-related events that involve blood alcohol content (BAC) or test refusal. When law enforcement makes a DUI arrest and:
- The driver has a BAC of 0.08% or higher
- The driver refuses to take a chemical test (breath or blood)
- The driver is under 21 with a BAC of 0.02% or more
…the officer will usually issue a Notice of Express Consent Affidavit and Notice of Revocation. This document serves as both a temporary driving permit and a warning that license suspension is pending.
From that moment, the clock starts ticking: you have just 7 days to request a DMV hearing. If no hearing is requested within this timeframe, the license suspension begins automatically on day eight.
The DMV hearing is not automatic — it must be requested by the driver within the 7-day window.
How to Request a DMV Hearing in Colorado
Requesting a DMV hearing is a time-sensitive step. You must act within 7 days of receiving the notice of revocation. Here’s how it typically works:
- Visit a Colorado DMV office in person (recommended for fastest processing)
- Submit the hearing request form (usually attached to your notice)
- Provide identification and documentation as requested
- Choose the hearing format – either in-person or telephonic
Once the request is processed, the DMV will schedule the hearing — usually within 60 days. The driver may continue to drive with the temporary permit provided until the hearing takes place.
Failing to request the hearing on time results in automatic license suspension — regardless of the outcome of the criminal case.
What Happens During a DMV Hearing?
A DMV hearing is an administrative proceeding, not a criminal trial. It is conducted by a hearing officer, not a judge, and it focuses solely on your driving privileges — not guilt or innocence in a legal sense.
The hearing typically includes:
- Review of the officer’s affidavit
- Evaluation of test results or refusal documentation
- Opportunity for the driver (or their attorney) to present testimony or evidence
- Cross-examination of the officer (if they are present)
Key questions considered by the hearing officer include:
- Did the officer have reasonable grounds to believe you were driving under the influence?
- Were you lawfully placed under arrest?
- Were you properly advised of your rights under the express consent law?
- Did you submit to or refuse a chemical test?
The hearing officer makes a decision based on the evidence presented. The outcome affects only the administrative status of your driver’s license, not the criminal charges.
Possible Outcomes of the DMV Hearing
After reviewing the case, the hearing officer will issue a decision — either to sustain or rescind the revocation.
If Revocation Is Sustained:
- Your license is suspended, effective immediately
- Suspension periods vary:
- 9 months for a first DUI with BAC ≥ 0.08%
- 1 year for a chemical test refusal
- Longer suspensions for repeat offenses
- You may be eligible for early reinstatement with an ignition interlock device
If Revocation Is Rescinded:
- You keep your driving privileges
- The revocation does not take effect
- The outcome does not impact your criminal case
Keep in mind: DMV hearing results do not guarantee any specific outcome in court. You can win the DMV hearing and still face penalties in the criminal process — or lose the DMV hearing even if charges are dropped later in court.
How the DMV Hearing Differs from the Court Process
One of the most important things to understand is that the DMV hearing is completely separate from your criminal DUI case. Here are the key differences:
| DMV Hearing | Criminal Court Case |
|---|---|
| Administrative process | Judicial process |
| Conducted by hearing officer | Conducted by judge |
| Focuses only on license status | Determines legal guilt or innocence |
| Must be requested within 7 days | Scheduled automatically |
| Independent of court verdict | May influence penalties |
This separation means that even if your court case is still pending or results in no conviction, you could still lose your license if the DMV hearing goes against you.
Likewise, if you win the DMV hearing, that doesn’t automatically end your legal case in court.
License Reinstatement After the DMV Hearing
If your license is revoked following the DMV hearing, you may qualify for early reinstatement depending on the circumstances. In Colorado, many drivers are eligible for restricted driving privileges after a short waiting period, provided they meet specific requirements.
Common steps include:
- Completing a 30-day suspension period (for first offenses)
- Installing an ignition interlock device
- Providing proof of SR-22 insurance
- Paying reinstatement fees
- Completing alcohol education programs (if ordered)
For those who refused chemical testing, the wait period before reinstatement is longer — typically 2 months before interlock eligibility.
Keep in mind, reinstating your license after a DUI in Colorado is not automatic. You must complete all steps as outlined by the DMV and provide the required documentation.
FAQ: DMV Hearings After a DUI in Colorado
Do I have to attend the DMV hearing?
Yes, if you want to contest the suspension. You or your attorney can attend. Missing the hearing usually results in revocation.
Is the DMV hearing the same as my court date?
No. The DMV hearing is a separate process focused on your driver’s license, not the criminal charge.
What if I win the DMV hearing?
Your license is not revoked, but you still must go through the criminal court case.
Can I drive while waiting for the DMV hearing?
Yes, using the temporary permit issued at the time of arrest, valid until the hearing date.
How long does it take to get a DMV hearing scheduled?
Usually within 60 days after your request is received.
What if I miss the 7-day deadline to request a hearing?
Your license will be automatically suspended, and you’ll lose the chance to contest it.
Do I need a lawyer for the DMV hearing?
Not required, but legal representation can help present your case and challenge evidence more effectively.
Conclusion
DMV hearings after a DUI in Colorado are a crucial part of the post-arrest process. While separate from the court system, they directly impact your ability to drive and can take effect before your criminal case is even resolved. Understanding how the process works — including how to request a hearing, what to expect, and how outcomes are determined — can help you navigate this phase with clarity and preparation.
For a full breakdown of license consequences and DMV procedures following a DUI arrest, check out our dedicated guide: DMV Hearings and License Actions After a DUI Arrest. For a step-by-step overview of the entire DUI timeline, visit our full page on the DUI Process And Timeline in Colorado.