What to Expect at Your Colorado DMV Hearing After a DUI Arrest
If you've been arrested for DUI or DWAI in Colorado, one of the first—and most time-sensitive—steps is addressing your driver's license status. Most people don’t realize that a DUI arrest triggers two separate proceedings: a criminal court case and an administrative DMV hearing. These are completely independent, but both can have serious consequences.
The Department of Motor Vehicles (DMV) hearing focuses solely on your driving privileges and must be requested quickly. Here’s what you need to know:
You Only Have 7 Days to Act
After a DUI arrest, you typically receive a Notice of Express Consent Affidavit and Notice of Revocation, which acts as your temporary license for 7 days. Within that window, you must formally request a DMV hearing, or your license will automatically be suspended—regardless of the outcome of your criminal case. Missing this deadline can result in months of license revocation with limited or no ability to drive.
What Happens at the Hearing
The DMV hearing is an administrative proceeding, not a criminal trial. It’s conducted by a DMV hearing officer (not a judge), and its purpose is to determine whether your driving privileges should be revoked or preserved. The hearing officer will consider:
Whether law enforcement had reasonable suspicion to stop you
Whether they had probable cause to arrest you for DUI/DWAI
Whether you refused chemical testing (or your BAC was over the legal limit)
You’ll have the chance to present evidence, question the officer (if they appear), and argue your case. However, unlike a courtroom, there are fewer procedural protections, and the burden of proof is lower.
Why This Hearing Matters
Even if your DUI charges are later dismissed or reduced in criminal court, you could still lose your license as a result of the DMV hearing. The DMV doesn’t need a conviction to revoke driving privileges—they only need to determine that the arrest and evidence met administrative criteria. If your license is revoked, the length of suspension depends on:
Your BAC level
Whether it’s your first or subsequent offense
Whether you refused a breath, blood, or urine test
Some individuals may be eligible for early reinstatement with an interlock device, but only if handled correctly.
The Role of Your DUI Attorney
A skilled DUI defense lawyer can represent you at the DMV hearing, cross-examine the arresting officer, and challenge the evidence presented. This is a critical opportunity to:
Preserve your driving privileges
Gather valuable testimony that may benefit your criminal case
Highlight procedural errors that could invalidate your arrest or testing
Because the DMV hearing occurs quickly and separately from your court dates, it’s crucial to involve legal counsel as soon as possible after arrest.
Final Thoughts
Many Colorado drivers don’t realize how pivotal the DMV hearing is in the wake of a DUI arrest. Missing this step—or going it alone—can result in months of hardship without a license, even before your criminal case is resolved. Request your hearing within 7 days and consult with a DUI defense attorney who understands both sides of the process.
