Summit County License Hearing Guide

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Your License After a DUI Arrest in Summit County

A DUI arrest triggers two separate legal tracks. The criminal case proceeds through the Combined Court, while the administrative case is handled entirely by the Colorado Department of Revenue (DOR). These tracks operate independently. You can win your criminal case and still lose your driving privilege at the administrative level. The administrative process is governed strictly by Colorado's Express Consent law under C.R.S. § 42-2-126.

CRITICAL DEADLINE: Request Hearing Within 7 Days

If you took a breath test or refused chemical testing, the arresting officer served you with an Express Consent Affidavit and Notice of Revocation. This is a yellow or carbon copy document. You have exactly 7 calendar days from the date of your arrest to request an administrative hearing. This deadline includes weekends and holidays. If you fail to submit the request within this window, your driving privilege is automatically revoked on the 8th day. The DMV has no discretion to grant late hearings unless you were continuously incarcerated during the entire 7 days.

For blood tests, the timeline is different. The officer does not serve the notice immediately because the blood sample must be analyzed by a laboratory. If the laboratory results show a blood alcohol concentration (BAC) of 0.08 or higher, the DMV will mail a Notice of Revocation to your address on file. You have approximately 10 days from the postmark date on that letter to request a hearing.

Delayed mail delivery to PO Boxes or remote mountain addresses does not extend this window. You must check your mail daily if you have a pending blood test.

How to Request a Hearing

You can request the hearing online through the official portal at mydmv.colorado.gov. Go to "Driver Services" and select "Request a Hearing." This method provides an immediate electronic timestamp.

Alternatively, you can request a hearing in person at a full-service Driver License Office. The local office is the Frisco Driver License Office, located at County Commons, 37 County Rd 1005, Frisco, CO 80443. The office is open Monday through Friday from 8:00 AM to 4:30 PM, and is closed daily from 12:00 PM to 12:30 PM.

Do not go to the County Motor Vehicle Office across the hall. That office handles license plates and vehicle registration. It cannot assist with Express Consent hearings. You must stand in the queue for the State Driver License Office.

Automatic License Suspension

If You Took the Breath/Blood Test and Failed

Under C.R.S. § 42-2-126, administrative license revocation is triggered by specific BAC thresholds:

• Adults (21 and older): BAC of 0.08 or higher.
• Under 21 ("Baby DUI"): BAC of 0.02 or higher.
• Commercial Driver's License (CDL) holders: BAC of 0.04 or higher.

If you request a hearing within the required 7-day timeframe, you will receive a Temporary Driving Permit. This permit allows you to drive legally until the date of your hearing, which is typically scheduled within 60 days.

If You Refused Testing

Colorado's implied consent law dictates that by driving on state roads, you consent to chemical testing if an officer has probable cause to suspect DUI. Refusing a chemical test triggers an automatic designation as a "Persistent Drunk Driver" (PDD). A refusal results in a longer administrative revocation period, a mandatory two-year ignition interlock requirement, and mandatory alcohol education classes.

The Express Consent Hearing

What It Is

The Express Consent hearing is a civil administrative proceeding. It is completely separate from your criminal court appearances. The sole purpose of this hearing is to determine whether the state should revoke your driving privilege. Because it is a civil matter, the burden of proof is much lower than the standard required in criminal court.

How to Prepare

Possible Outcomes

• Suspension Upheld: The hearing officer determines the legal requirements were met, and your license is revoked.
• Suspension Overturned: If the arresting officer fails to appear (and was properly subpoenaed) or if your representative successfully argues that the officer lacked probable cause or violated testing protocols, the revocation is dismissed, and your driving privilege is restored.
• Restricted License Granted: In some cases, you may qualify for early reinstatement with an ignition interlock device.

Hardship and Restricted License Options

To regain the ability to drive early, Colorado allows drivers to apply for early reinstatement with an Ignition Interlock Device (IID).

IID Requirements

You must install an approved IID in any vehicle you operate.

The Alpine Battery Drain

In the freezing winter climate of the high country, IID compliance faces severe environmental challenges. An IID relies on a fuel cell sensor that must be heated to operate. In freezing temperatures, the device draws power continuously from your vehicle's battery even when the engine is off. A standard lead-acid battery loses approximately 50% of its cranking power at -22°F. This parasitic draw combined with sub-zero temperatures often drains the battery completely.

If your battery dies, the IID records a "Power Disconnect" or "Tamper" event. This triggers a violation report to the DMV, which can extend your suspension.

If you park outdoors, you must use a battery tender or trickle charger overnight. Ask your installer about activating "Sleep Mode" or "Power Save Mode" to minimize current draw when parked for more than 24 hours.

Local Service Centers

• Smart Start: Available at Goodway Towing LLC (100 Fawn Ct, Silverthorne) or 122 W 10th St, Unit B, Silverthorne. Smart Start devices often allow you to disconnect the head unit and bring it indoors to keep it warm, preventing sensor warm-up delays and battery drain.
• Intoxalock: Available at JH Mountain Auto (205 Warren Ave, Silverthorne). Installation fees range from $70 to $150, with monthly lease fees between $60 and $90, plus calibration fees.

Getting Your License Back

To fully reinstate your driver's license after the revocation period ends, you must complete several administrative steps with the DMV:

• SR-22 Insurance: You must file an SR-22 (Certificate of Financial Responsibility) with the DMV. This insurance rider must be maintained continuously.
• Level II Alcohol Education: You must enroll in or complete approved Level II alcohol education and therapy classes.
• Reinstatement Fee: You must pay a reinstatement fee of $95.
• IID Installation: If required, you must provide proof of IID installation.

Local Driver License Offices

There is only one office in the local area that handles administrative driver's license reinstatements and Express Consent hearings:

Frisco Driver License Office

• Address: County Commons, 37 County Rd 1005, Frisco, CO 80443
• Hours: Monday through Friday, 8:00 AM – 4:30 PM (Closed daily from 12:00 PM – 12:30 PM)

Special Compliance Programs

SCRAM Program

If you are placed on a Secure Continuous Remote Alcohol Monitor (SCRAM) ankle bracelet as a condition of bond or pre-trial services, the device must upload data via cellular or landline connection. In mountain areas with poor cellular reception—such as Blue River or Montezuma—the device may fail to transmit, causing a "communication error." If you reside in one of these zones, you must notify Pre-Trial Services immediately to arrange an alternative connection method, such as an Ethernet hookup, to prevent technical violations.

Alternative Transportation

If your license is suspended and you cannot drive, the Summit Stage provides free bus service. The Blue River/Breckenridge and Park County Commuter routes service the Breckenridge Station, which is within walking distance of the Justice Center.