The traditional way to request a hearing with the DMV after a DUI arrest is by going in person to a full-service DMV office with a copy of either the express consent affidavit and notice of revocation you received when arrested, or the letter you received in the mail based on a blood test result.
Now, you can also request your hearing online at CO myDMV (colorado.gov).
When visiting the Department of Revenue’s website, select Driver/ID Services, and then under Appointment and Hearings, select Request a Hearing. From there, you will be prompted to enter information confirming your identity and the specifics of the hearing request.
When your hearing request is submitted, you will quickly receive an auto-response confirmation. In about 24-48 hours later, you will receive confirmation that your hearing has been requested and a permit to drive, so long as your driving privileges were valid at the time of your request. The DMV hearing will not be scheduled at that time, but on a later date. You will receive notice by mail or email of the date and time of the DMV hearing. This hearing must be scheduled within 60-days of the day that you request it, but it can be continued by an officer for a valid reason outside of 60-day limit. If an officer is granted a continuance, your permit to drive will remain valid until the new hearing. If the revocation against your driving privilege is sustained by the hearing officer presiding over DMV hearing, it will be effective immediately and you will not be allowed to drive for any reason.
If you are alleged to have refused a chemical test or took a breath test that resulted in 0.08 or more (or 0.02 or more if you are under 21), you can either appear at the DMV or fill out the hearing request online within seven days. Also, if your blood test results came back 0.08 or more (or 0.02 or more if under 21) and you received a letter notifying you of a pending driver’s license revocation, you can request the hearing within ten days of the day the letter is dated. Failure to timely request this hearing will result in a revocation of you driving privilege with no opportunity to challenge the action or receive a permit to drive.
One of the important decisions you must make when requesting your hearing based on a DUI arrest is whether you want the officer present at your hearing. By law, the officer that signed your express consent affidavit alleging the refusal or excess test result must appear at the hearing if you make this request. If this officer is not requested, he or she can be served with a subpoena to appear before the DMV hearing. Should this officer fail to appear at your DMV hearing, your driving privilege will not be revoked.
Requesting a DMV hearing is one of the first important steps in making sure your pending DUI case is resolved in the best way possible. The advice and counsel of an experienced Colorado DUI attorney is critical when making these decisions.