After a driving under the influence (DUI) arrest, the court case is not the only process that can affect your life. Colorado also has a separate Division of Motor Vehicles (DMV) process that may determine whether your driving privileges continue while the criminal charge proceeds. If your license affects your work, commute or daily responsibilities, this deadline deserves immediate attention.
What the DMV hearing reviews
This administrative review does not decide whether you are guilty of DUI. Instead, it focuses on whether the state has sufficient grounds to revoke your license under Colorado’s express consent law. In general, that law treats driving as consent to breath or blood testing after a DUI arrest and allows the DMV to review license consequences on a separate track from the court case.
The issues reviewed may depend on whether the arrest involved a breath test, blood test or alleged refusal. A hearing officer may consider:
- The officer’s legal basis for the stop or contact
- The facts supporting probable cause for the DUI arrest
- Breath or blood test results showing a blood alcohol content of .08 or higher
- Records related to an alleged refusal to complete testing
- The reports and paperwork supporting the proposed revocation
These details affect whether your license is revoked, restricted or left unchanged.
Why the seven-day deadline matters
If an officer issued a notice of revocation after a breath test or refusal, you generally have seven days to request a DMV hearing. Missing that deadline may allow the revocation to take effect without administrative review. If the case involved a blood test, the notice may arrive by mail, and you have seven days from the date that notice is received, or deemed received, to request a hearing.
Before the deadline passes, organize records that document when and how you received notice. These may include:
- Keeping every page from the officer or the DMV
- Saving envelopes from mailed notices
- Requesting the hearing as soon as possible
Clear records can help show when you received notice and what steps you took before the deadline passed.
Protecting your ability to move forward
A DMV hearing is separate from the criminal case, but it can affect daily life before the court case ends. Acting quickly helps preserve the opportunity to review the evidence, challenge administrative issues and reduce the risk of losing driving privileges without a fight.