Delta County License Hearing Guide
How to request your Express Consent Hearing and protect your driving privileges after a DUI arrest.
Last verified: October 5, 2026
7-Day Deadline
You have exactly 7 days from your arrest to request a hearing. Miss this deadline and your license is automatically suspended. No exceptions.
Enter your arrest date to see your deadline:
If You Request in Time
- • Temporary permit until hearing
- • Chance to keep your license
- • Gather evidence for defense
If You Miss the Deadline
- • Automatic 90-180 day suspension
- • No hearing, no appeal
- • Starts after waiting period
How to Request Your Hearing
Online Request
Fee: Typically $50-$125
Available: 24/7
Instant confirmation
Phone Request
Fee: Same as online
Hours: Business hours only
Expect hold times
Information You'll Need
From Your Notice:
- • Driver License Number
- • Date of Arrest
- • Arresting Agency
- • Arresting Officer Name
Personal Information:
- • Full Legal Name
- • Current Address
- • Date of Birth
- • Phone Number & Email
After You Request
Temporary Permit
ImmediateDrive legally until your hearing
Hearing Notice
20-40 daysDate, time, and format mailed to you
Prepare Defense
Before hearingGather evidence, hire attorney
Attend Hearing
Scheduled dateUsually phone or video
Decision
Same dayWin: keep license. Lose: suspension starts
Temporary Permit
Immediate
Drive until hearing
Hearing Notice
20-40 days
Date mailed to you
Prepare
Before hearing
Gather evidence
Attend Hearing
Scheduled
Phone or video
Decision
Same day
Win or suspension
What to Expect at the Hearing
Most hearings are by phone or video
You usually don't need to travel. When you receive your hearing notice, it will specify whether it's phone, video, or in-person.
Duration
30-60 minutes typically
Who's There
You, your attorney (optional), state attorney, hearing officer
What They Review
Probable cause for stop, proper arrest procedure, test validity
Evidence That Can Help
- Dashcam or bodycam footage showing procedural errors
- Breathalyzer calibration records (if not current)
- Witness statements about your sobriety
- Medical conditions affecting field sobriety tests
Should You Hire an Attorney?
With an Attorney
- Can subpoena arresting officer
- Knows how to challenge evidence
- Uses hearing to strengthen criminal defense
- Higher success rate at hearings
Without an Attorney
- State has experienced attorney present
- May not know proper objections
- Can't effectively cross-examine officers
- Lower win rate statistically
If You Lose Your Hearing
Losing the hearing isn't the end. You still have options to maintain limited driving privileges:
Ignition Interlock
Drive with device installed
Occupational License
Limited driving for work/essentials
Frequently Asked Questions
Related Guides
The fax line is dead. For years, defendants trying to beat Colorado's 7-day hearing deadline were told they could fax in a request, but that line has effectively been decommissioned at the state level, and anyone who assumes it still works risks finding out too late that nothing went through. The two channels that actually function now are the online portal at mydmv.colorado.gov and a dedicated email address at the Department of Revenue, dor_hearingrequest@state.co.us, with the online portal generating the fastest, most reliably timestamped record.
That 7-day window starts differently depending on how the test went. A breath test failure, a BAC of 0.08 or higher, or an outright refusal gets the Notice of Revocation served on the spot, and the clock starts that same day. A blood draw works on a delay baked into the process itself: nothing is confiscated at the time of arrest because the BAC isn't known yet, and the notice doesn't go out until the Colorado Bureau of Investigation lab finishes toxicology and the Department of Revenue mails the results. The 7 days then run from three days after that letter is mailed — the date state law treats it as received — not from the date printed on the letter and not from whenever it happens to actually arrive in the mailbox, which means a slow mail day still eats into the response window with no extension for the delay.
The penalties attached to a loss at that hearing, or to never requesting one at all, scale sharply with how the case went. A first-offense per se revocation, meaning a straightforward BAC-over-the-limit case, carries a 9-month revocation. A refusal is treated far more harshly: a full year, with the first roughly 60 days as a hard suspension where no probationary or restricted license exists at all, followed by a mandatory 2-year interlock requirement once driving privileges resume. Getting back on the road at any point requires a $95 reinstatement fee, proof of SR-22 high-risk insurance, and typically enrollment in alcohol education.
There's a faster path for some first offenders. Anyone with a BAC under 0.15 and no refusal on record can get back behind the wheel almost immediately by installing an ignition interlock device and carrying SR-22 coverage, skipping the waiting period entirely. Delta County's interlock market runs through a small handful of local shops: The Place I Go Interlock, a Smart Start-affiliated installer on Meeker Street; Western Slope Interlock, an Intoxalock location on West 4th Street; The Lube Shop, another Intoxalock installer on Gunnison River Drive; and Lifesafer, which also maintains a presence in the area. For anyone who can't afford the install cost outright, the state DMV runs a financial assistance fund specifically for indigent applicants who are either first-time offenders or carry the Persistent Drunk Driver designation.
If a monitoring condition calls for continuous sobriety tracking rather than just periodic testing, that's typically handled through a court-assigned monitoring provider covering the Delta/Montrose area, billed separately from everything else as a base installation charge plus a recurring daily fee.
Last updated: October 5, 2026
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