DMV Consequences of a DUI

June 23, 2025

Understanding Express Consent Hearings in Colorado DMV DUI Cases

If you’ve been arrested for a DUI in Colorado, you may be surprised to learn that you’re actually facing two separate legal battles: one in criminal court, and one with the Colorado Division of Motor Vehicles (DMV).

The DMV process is called an Express Consent Hearing, and it determines whether you will lose your driver’s license–regardless of what happens in criminal court.

This blog breaks down what an Express Consent Hearing is, how it works, and why it’s critically important to act quickly after a DUI arrest in Colorado.

What Is an Express Consent Hearing?

​Under Colorado’s Express Consent Law (C.R.S. § 42-4-1301.1), any person who operates a motor vehicle in the state is deemed to have given their consent to a chemical test of their blood or breath if lawfully arrested on suspicion of DUI (Driving Under the Influence) or DWAI (Driving While Ability Impaired).
​
If you refuse the test, or if your test shows a blood alcohol content (BAC) of 0.08% or higher, the DMV will begin an administrative process to revoke your driver’s license. You have the right to request a hearing—this is known as an Express Consent Hearing.

Timeline: Act Fast — You Only Have 7 Days

After a DUI arrest involving either a chemical test failure or refusal, you have 7 days from the date you receive the Express Consent Affidavit (usually at the time of arrest or release from jail) to request a hearing with the Colorado DMV.

• Failing to request a hearing within 7 days will result in automatic license revocation.
• You can request the hearing in person, online, or by mail (depending on your location).

What the Hearing Covers

Unlike a criminal DUI trial, an Express Consent Hearing is civil and administrative in nature. The sole purpose is to decide whether your driving privileges will be revoked.

The hearing officer will consider:

• Whether the law enforcement officer had probable cause to believe you were driving under the influence
• Whether you refused the chemical test, or whether the test result exceeded legal limits
• Whether the procedures for the test were followed correctly (e.g., proper calibration, legal advisement)

Your Rights at the Hearing

At an Express Consent Hearing, you have the right to:

• Be represented by an attorney
• Present evidence and witnesses
• Cross-examine the arresting officer (if they appear)
• Testify on your own behalf (though you are not required to)

If the officer fails to appear, the case is often dismissed, and your license is not revoked—though this is not guaranteed.

Possible Outcomes

There are three main outcomes from an Express Consent Hearing:

1. License Revoked

If the DMV hearing officer rules against you, your license can be revoked for:

• 9 months for a first-time DUI (BAC ≥ 0.08)
• 1 year for refusal to take the test
• Longer periods for repeat offenses

You may be eligible for early reinstatement with an ignition interlock device.

2. License Retained

If you win the hearing, no administrative action will be taken, and your driving privileges remain intact. However, you may still face penalties in criminal court.

3. Limited Driving Privileges

You may be eligible for restricted driving privileges if you:

• Install an ignition interlock device (IID)
• Complete an alcohol education course
• File SR-22 insurance with the DMV

Why Express Consent Hearings Matter

Even if you plan to fight the DUI charges in criminal court, losing at the DMV hearing will still result in losing your license. That’s why it’s essential to take these hearings seriously.

Key reasons to request a hearing:

• Prevent automatic revocation
• Cross-examine the officer and get early discovery of the case
• Challenge the legality of the stop or arrest
• Possibly maintain driving privileges while fighting the criminal charges

How a DUI Lawyer Can Help

An experienced DUI attorney can:

• Request and schedule the hearing for you
• Analyze whether law enforcement followed proper procedures
• Identify weaknesses in the prosecution’s case
• Represent you at the hearing and improve your odds of keeping your license

​​You Will Need an Experienced DUI Defense Attorney

If you are charged with a DUI, you will need an experienced lawyer and should not  go into the fight without a seasoned advocate.

Choosing an experienced lawyer is the best decision you can make early on in your case. James Merson is a skilled DUI lawyer providing defense services in Boulder, Fort Collins, Longmont, Frederick, Lyons, Mead, Berthoud, Erie, Firestone, Niwot, Dacono​​​, Adams County, and Weld County.

To schedule a free consultation, call Merson Law Office at (970) 219-2923 or fill out the intake form here. 

About the Author

James Merson

Attorney

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