You’ve already been arrested and released, but now you’re holding a notice that says the state will revoke your license unless you act fast. You’ve heard you have the right to a hearing, but what happens at a DMV hearing for DUI? Can you keep your license? What should you expect when you show up?
If you or someone you care about is facing this situation, know that you are not alone and that options are available. Understanding how the DMV hearing works is one of the most essential steps in protecting your ability to drive and fighting back against the consequences of a driving under the influence (DUI) or driving while ability impaired (DWAI) arrest.
What Is a DMV DUI Hearing in Colorado?
A DMV DUI hearing is an administrative proceeding overseen by a Colorado Division of Motor Vehicles (DMV) hearing officer and not a criminal trial. It focuses solely on whether the state should revoke your driver’s license due to a DUI or DWAI arrest.
Colorado law governs this process and authorizes the DMV to revoke your license if there is evidence that you either:
- Drove with a blood alcohol content (BAC) of 0.08% or more, or
- Refused to take a chemical test after a lawful request under Colorado’s express consent law.
This hearing is your only opportunity to contest the revocation. But you must request it within seven days of receiving your express consent affidavit or notice of revocation. If you don’t, your license will be automatically suspended.
DUI DMV Hearing: What to Expect (and How to Prepare)
You won’t be walking into a courtroom with a judge and jury. But that doesn’t mean the outcome isn’t serious. Here’s what happens at a DMV hearing for DUI:
- A DMV official serving as the hearing officer presides and has the authority to determine whether to revoke your license;
- Evidence is presented primarily through the officer’s affidavit, although they may or may not appear in person;
- You (or your attorney) can present evidence, submit testimony, and argue why you should keep your license; and
- The hearing focuses on determining whether you violated Colorado’s express consent law, not your guilt in a criminal court for DUI.
This process moves quickly and can feel unfamiliar, especially if this is your first time dealing with an alcohol-related charge. But it’s also a critical first opportunity to defend your driving privileges.
What Happens If You Lose Your Hearing?
Losing your hearing doesn’t mean you’re guilty in court, but the administrative penalties can still change your life. The consequences vary depending on whether you failed a chemical test or refused to take one. You may face the following consequences:
- Loss of driving privileges—one year for a first refusal, two years for a second, and three years for a third;
- Ignition interlock device (IID) requirement—even on a first offense, reinstatement typically requires an IID for up to two years;
- Persistent drunk driver classification—which mandates alcohol education, treatment programs, and SR-22 insurance coverage;
- Costly reinstatement requirements—including administrative fees, reinstatement applications, and the time-consuming reinstatement process; and
- Longer impact on driving history—can affect job applications, commercial licenses, and car insurance premiums.
Even if your criminal charges are reduced or dismissed later, the DMV ruling stands unless you appeal it.
Tips on Winning a DMV Hearing in Colorado
You don’t have to prove your innocence. You only need to raise doubt about whether you met the legal conditions for revocation. For a successful Colorado DUI DMV hearing, you’ll need a solid legal strategy, be well-prepared, and spot any procedural errors.
Some defenses that may apply include:
- Unlawful arrest. If the officer didn’t have probable cause to stop or arrest you, the DMV may be unable to justify revocation.
- Improper advisement. Under the state’s express consent law, officers must inform you about the consequences of refusing a chemical test. If done incorrectly, your refusal may not count.
- Failure to follow proper procedures. If the officer mishandled the testing process or failed to submit paperwork, the evidence could be invalid.
- The officer doesn’t appear. In some cases, if the officer fails to appear when required, their affidavit may not be enough to support revocation.
- Medical or procedural concerns. Conditions affecting your ability to comply, like asthma or panic attacks, may raise legal or factual questions about your refusal or test failure.
These hearings are fast and technical, but when handled properly, they can preserve your license or set up key defenses for your criminal case.
Can You Win a DMV Hearing Without a Lawyer?
It is possible to handle a DMV hearing on your own, but it is not easy. An attorney can help you identify strong defenses, ensure you meet all deadlines, and improve your chances of success.
Why The Harrell Law Firm, PLLC Is Prepared to Defend Your License
At The Harrell Law Firm, PLLC, we understand the urgency and stress that follow a DUI arrest. With almost 15 years of experience, including our founder’s time as a prosecutor and family law attorney, we offer courtroom experience and a strong record in DMV hearings that help our clients stay on the road.
We’ve built a reputation for honest, effective advocacy throughout Loveland, Fort Collins, and Northern Colorado. Our firm knows how to spot procedural issues, challenge weak affidavits, and present reasoned, fact-based defenses that resonate with hearing officers and prosecutors alike.
Protect Your Right to Drive by Preparing Today
The DMV won’t wait, and neither should you. The seven-day window to request a hearing moves fast, and missing it can result in automatic revocation. If you’re asking what happens at a DMV hearing for DUI, the answer depends largely on what you do next.
A hearing may feel like a formality, but the outcome has real consequences for your freedom, finances, and future. Avoid walking in unprepared. Contact us today to protect your license and give yourself the strongest chance at a fair outcome.
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