Requesting a DMV Hearing After DUI Arrest

DUI

So, you got arrested for driving under the influence of drugs and/or alcohol, now what?

First, you will need to request a DMV Hearing within 7 days of arrest, otherwise, your license will be revoked on the 8th day.

What is a DMV hearing?

A DMV hearing is a virtual hearing held over Zoom between you, the arresting officer (if requested), a DMV Hearing Officer, and your lawyer to determine whether the arresting officer had cause to believe that you were driving drunk and/or high.

The hearing will usually start with the cop that arrested you talking about why they think that you were driving drunk and then you (or your lawyer) have the chance to ask them questions to poke holes in their story. After everyone finishes, then the hearing officer decides whether they think that the officer had enough evidence to give him probable cause to believe that you were driving while under the influence of drugs and/or alcohol.

How do I request one for myself?

You can request a hearing in-person by visiting your local DMV. Since these hearings need to be requested within 7 days, the DMV will usually allow you to make an in-person request even without an appointment. You can also request a hearing online by following the steps below.

Step 1: Go to https://mydmv.colorado.gov/_/

Step 2: Click on “Driver/ID Services”

Step 3: Click on “Request a hearing”

Step 4: Remember that this is the type of hearing that you’re going to request

Step 5: Scroll to the bottom of the page and click on “Next”

Step 6: Click on “Self Request”

Step 7: Answer “Yes” or “No”

Step 8: Answer “Yes” or “No”

Step 9: Click on “Express Consent Affidavit and Notice of Revocation”

Step 10: Click on the box

Step 11: Type in your information

Step 12: Click on “Click to Verify Address”

Step 13: Click on “Next”

Step 14: Fill out your information

Step 15: Click on the box

Step 16: Click “Next”

Step 17: Click on “Yes”

Step 18: Fill out boxes underneath using the information on the “Express Consent Affidavit and Notice of Revocation” (yellow, carbon copy document) that the police officer gave you when you got arrested.

Step 19: Click on “Yes” or “No” to select whether you would like the arresting officer present. There are many factors to consider when deciding whether you would like the officer’s presence at the hearing. It is recommend to consult with an attorney to determine how best to answer this question.

Step 20: Click on “Next”

Step 21: Click on the box

Step 22: Enter the date that you got arrested

Step 23: Click on “Yes” if you’d like to be able to drive before your DMV hearing

Step 24: Click on “Next”

Step 25: Click on “upload”

Step 26: Choose “Hearing Request Affidavit” for your file type

Step 27: Click on “Choose File” and click on the file for the “Express Consent Affidavit and Notice of Revocation” document given to you by the arresting officer. You can go ahead and scan the affidavit to upload it here.

Step 28: Click on “Save”

Step 29: Click on “Next”

Step 30: Type in your email

Step 31: Click on “Next”

Step 32: Double-check that all of your information is right

Step 33: Click on “Submit” to send in your request

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