DMV Hearings

Colorado's Express Consent Law

If you are charged with a drunk driving offense, you are likely to face consequences against your driver’s license at the Department of Motor Vehicles. The DMV has authority to revoke your driver’s license.

If you are pulled over for suspicion of DUI, the Police will ask you to submit to a chemical test to determine your blood alcohol content. When you obtained your driver’s license, you gave “express consent” to submit to a chemical test if stopped for DUI. The Police Officer will advise you that you can submit to either a breath test or a blood draw.

If your BAC is above a .08 or you refuse to submit to a chemical test, then the Police Officer will issue an express consent affidavit. You should read this affidavit carefully.

Call Albani Law at (303) 753-0900 for a FREE initial consultation.

You have only 7 Days to appear at the DMV and request an express consent hearing where you can attempt to save your driver’s license. If you fail to request a hearing, your license will be automatically revoked.

The DMV is not a Court. It is an administrative agency. A DMV hearing is separate and distinct from your criminal case. You do not get a jury. A Hearing Officer is not a judge. DMV hearings are streamlined. The rules of evidence do not apply. Police reports are admitted as evidence as the outset. A Hearing Officer reviews the reports, takes limited testimony, and determines whether to revoke or suspend your driving privileges. These hearings can even be held over the phone.

The odds of prevailing at DMV are squarely against you. Your chance of success is slim. You should ask that the arresting Officer appear at the hearing and face cross-examination. Your best chance of success is for the Officer to fail to appear.

The DMV will break your heart. A Hearing Officer does not consider that his ruling may cost you to lose your job. Despite the slim chance of

success, you should timely contact the DMV and schedule an express consent hearing.

Don’t let the DMV break your spirit. You should hire experienced counsel to assist you at the DMV. I have been fighting the DMV to save my client’s driver licenses for 40 years. If there is some way to save your license, I will help you find it.

Call (303) 753-0900 for your FREE consultation.

How Long Will My Driver's License Be Suspended on a First Revocation?

  1. A first-time express consent revocation based upon a chemical test will likely result in a 9-month revocation
  2. A first-time refusal to take a test will likely result in a one-year revocation.
  3. If you submitted to a chemical test, and face a first revocation, you can apply for a probationary license.

If your license is revoked, you may be eligible for early reinstatement if you install an ignition interlock device in your vehicle.

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