Denver County Express Consent Hearing Guide

Your License After a DUI Arrest in Denver County

An arrest for driving under the influence in Denver triggers two completely separate legal actions. The first is a criminal case prosecuted at the Lindsey-Flanigan Courthouse at 520 W. Colfax Ave. The second is an administrative action managed by the Colorado Department of Revenue (DOR) Division of Motor Vehicles. This administrative process focuses solely on your privilege to drive. It operates on an independent track with its own rules, evidence standards, and timelines. Winning in criminal court does not automatically save your license at the DMV. You must defend both actions.

CRITICAL DEADLINE: Request Hearing Within 7 Days

Under Colorado law § 42-2-126, you have exactly seven days from the date of your arrest to request an administrative hearing. This seven-day window applies if you took a breath test that resulted in a blood alcohol concentration (BAC) of 0.08 or higher, or if you refused to take a chemical test.

If you chose a blood test, the timeline is different. The police do not immediately confiscate your physical license because the blood sample must be analyzed at a laboratory. The seven-day deadline to request a hearing begins once the laboratory completes its analysis, the results show a BAC of 0.08 or greater, and the DMV mails a notice of revocation to your address of record.

The deadline is absolute. If you miss it by a single day, the state revokes your driving privilege without a hearing.

To request a hearing, you must submit a formal request to the Colorado Department of Revenue. You can file this request electronically through the Colorado DMV Online Portal. Alternatively, you can email your request directly to dor_hearingrequest@state.co.us. You may also submit the request in person at the Division of Motor Vehicles - Driver Control Section, located on the first floor of the parking garage at 1351 5th St., Suite 100, Denver, CO 80204.

Automatic License Suspension

The length and terms of your administrative suspension depend on whether you submitted to chemical testing or refused.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and the result was 0.08 or greater, your license is subject to a nine-month revocation for a first offense. Upon arrest, the officer will confiscate your physical Colorado driver's license. The officer then issues a temporary permit on Form DR 2550, also known as the Express Consent Affidavit and Notice of Revocation. This paper permit is valid for exactly seven days. If you request an administrative hearing within those seven days, the temporary permit remains valid until the date of your hearing.

If You Refused Testing

Colorado operates under an Express Consent law. By operating a motor vehicle on public roads, you have already given consent to chemical testing if an officer has probable cause to suspect impairment. If you refuse to take a breath or blood test, the penalty is severe. A first-offense refusal triggers an automatic one-year license revocation. Unlike a BAC failure, you are not eligible for an ignition interlock restricted license during the first 60 days of a refusal suspension.

The ALR/Administrative Hearing

The administrative license revocation (ALR) hearing is a civil proceeding. It is not a criminal trial.

What It Is

An administrative hearing officer, who acts as both judge and jury, presides over the case. The rules of evidence are relaxed compared to criminal trials. The burden of proof is a preponderance of the evidence. This means the hearing officer only needs to decide if it is more likely than not that the officer had legal grounds to arrest you and that you failed or refused the chemical test.

How to Prepare

You must secure copies of all evidence the state intends to use. This includes the arresting officer's report, the Express Consent affidavit, and any chemical test logs. If you plan to challenge the officer's testimony, you must request their presence at the hearing when you file your initial request.

Possible Outcomes

The hearing officer will make one of two determinations:

• Suspension Upheld: The hearing officer determines the officer followed proper procedure and the test failure or refusal occurred. Your suspension begins immediately.
• Suspension Overturned: The hearing officer finds a procedural error or lack of probable cause. Your driving privileges are restored, provided there are no other active suspensions on your record.

Hardship/Restricted License in Colorado does not offer a traditional hardship license that allows you to drive to specific locations like work or school without restriction. Instead, the state utilizes an Ignition Interlock License program.

For a first-offense BAC failure, you may apply for early reinstatement with an Ignition Interlock Device (IID) after serving 30 days of the suspension. For a refusal, you must wait 60 days before applying.

To qualify, you must install an approved IID in every vehicle you own or operate. You must also obtain SR-22 financial responsibility insurance and submit Form DR 2870 along with a $95 reinstatement fee to the DMV.

Getting Your License Back

Reinstating your license after the suspension period ends requires completing several administrative steps. You cannot resume driving when the calendar days expire without formal reinstatement.

Reinstatement Requirements

You must submit a completed Application for Reinstatement (Form DR 2870) to the DMV. Along with the application, you must pay the statutory $95 reinstatement fee. You must also provide an SR-22 insurance certificate from your insurance provider. The state requires you to maintain this SR-22 filing for a minimum of three years.

If your BAC was 0.15 or higher, or if you refused the test, the DMV classifies you as a persistent drunk driver (PDD). This classification mandates the installation of an IID for at least two years, regardless of whether it is your first offense. You must also complete Level II Alcohol Education and Therapy classes at a state-approved treatment facility.

Denver DMV Office

The primary office handling driver control and license reinstatement issues in the Denver area is:

• Division of Motor Vehicles - Driver Control Section
• Address: 1351 5th St., Suite 100, Denver, CO 80204 (Located on the 1st floor of the parking garage)
• Phone: 303-205-5606 (Hearings Division)
• Main Line: 303-205-5600

Special Programs

Colorado provides specific pathways for drivers to regain partial driving privileges.

• Ignition Interlock Device Program: This program allows drivers to end their suspension period early by installing a breath-alcohol monitoring device in their vehicle.
• Level II Alcohol Education and Therapy: Drivers must complete these programs to reinstate their licenses after high-BAC offenses or refusals.