You just got a DUI. You need a DUI lawyer. You have no idea what you need to do with the DMV. You have been to the DMV website, and nowhere does it tell you how to request a DMV Hearing or what it is for. We agree! We have been on the DMV Website, and after 30 years of criminal defense experience, what they write is confusing to someone looking for answers. They have no customer service and will not answer the questions you need to be answered after spending 2 hours on hold.
We write our blogs based on the phone calls we receive, and the real-world problems that YOU are running into. We are here to HELP you! Essentially, when people call us for help with the same question over and over, it is time to write a blog with the answers to help. You are in control of the blogs we need to write, not us. Colorado DMV changed its website in 2026 to make it wa
You have 2 separate and legal actions right now: COURT AND DMV
– YOU MUST THINK OF THEM AS 2 SEPARATE AND DISTINCT LEGAL ACTIONS
A. COURT – This is the summons you received. You will go in front of a Judge and face legal consequences that may include:
- fines,
- costs,
- probation,
- community service,
- a Level II Alcohol Education,
- a Level II Alcohol Therapy, and
- JAIL
B. DMV – the DMV will take your driving privilege and require you to jump through hoops to get it back. Read on to protect your rights. Here is the DMV video explaining the difference. https://noduicolorado.org/
1. HOW do I request a DMV Express Hearing for my DUI?
To request an Express Consent Hearing, you must do so ONLINE at the link: https://mydmv.colorado.gov/_/
You will need to complete a series of pages. To better help, here is a fake screenshot of us pretending I was making this request with my name and office address.
Make certain that you are selecting the hearing request of: EXPRESS CONSENT AFFIDAVIT AND NOTICE OF REVOCATION
You will have to SCROLL to the BOTTOM of the page to find where to request a hearing.
Once you click the box, REQUEST A HEARING, the following page will appear – click NEXT at the BOTTOM.
You are requesting the hearing, so click SELF REQUEST and NEXT
Confirm that you had a license at the time of the stop (Click YES)
Confirm that you had a Colorado Driver’s License (Click YES)
Click that you are requesting an EXPRESS CONSENT AFFIDAVIT AND NOTICE OF REVOCATION hearing
(Click NEXT)
Click the Toggle * I acknowledge that I am submitting a formal request for a hearing for myself or the individual I am representing to comply with Colorado Revised Statutes.
Now, the following boxes for you to put in your personal information will appear:
Complete the information the DMV has on file for you. Make sure the DMV has your CORRECT mailing address, or they will send your information to the wrong address, and you may miss critical dates and lose your Colorado driving privileges.
I have completed the information using my office address and verified it, as you will be required to do. Then hit NEXT.
You will then need to verify your Identity.
Verify your Identity and hit NEXT:
The next screen will ask for the Officer’s information and ask if you want the officer present for your hearing. That information should be on your summons and your Express Consent Affidavit. Most people say that they DO want the officer present. If the officer is not requested, the matter will be more of a paper review. If the Officer does not show up for your Express Consent Hearing, you MAY win your Express Consent Hearing by default.
Finally, you will be asked to Request your Hearing. Put in your date of Stop. Slide the toggle to the right to certify that what you submitted is true and correct. Then hit NEXT.
I cannot complete this, as I made this up as an educational blog.
Greg Huckaby and M. Colin Bresee STRONGLY ENCOURAGE YOU to consult with a lawyer before making a decision to request the officer or not.
2. Do I Request the Officer Be Present?
When you first request a hearing, you will be asked whether you want the officer who signed your Express Consent Affidavit to be present for the hearing. It is up to you if you want the officer to appear and testify. Generally, the answer is YES, but please consult an attorney right away for specifics on your case. Every case is unique. Speaking with an attorney, Greg Huckaby or M. Colin Bresee at (970) 614-0913 has been the difference for some between losing their license and not losing their privilege to drive in the past.
3. Length of Restraint Eligible For Probationary Driver License for over 21 DUI? Early Reinstatement?
On the first offense in a lifetime, it is typically a 9-month revocation. You are NOT eligible for a probationary driver’s license. You may be eligible for early reinstatement with an interlock after 1month.
On the second offense in a lifetime, it is typically a 12-month revocation. You are NOT eligible for a probationary driver’s license. You may be eligible for early reinstatement with an interlock after 1 month.
On the third offense or more in a lifetime, it is typically a 24-month revocation. You are NOT eligible for a probationary driver’s license. You may be eligible for early reinstatement with an interlock after 1 month.
Limited Time for DMV request!
These times can vary greatly depending upon your particular results if the priors were in Colorado, if you refused any tests, and your particular breath or blood test results.
You must remember that after a DUI arrest or allegation, you MAY have a limited time to request a DMV hearing. If you do not request your hearing within the allotted time, you may be agreeing to lose your license. Please do not make this common mistake. As lawyers, Greg and I find it frustrating when a client calls us AFTER they have already missed the deadline.
Please contact a lawyer to discuss your unique case and circumstances. Please remember to bring up all of your facts and circumstances. These details may prove very important later. A good thing to do after you have a chance to decompress is to write down all the details you remember. The literal who/what/when/where, and why. Sometimes the details can be very important. The details of where you came from have allowed us to pull video footage from intersections to help prove your case and get it dismissed. It has happened. Please just take the time to write it out, and these little details may grow into a huge win later down the road on your case. DUI vs. DWAI in Colorado: Important Laws, Definitions, and Penalties
This is not legal advice. You must schedule a time to meet with a licensed attorney to obtain legal advice. Thanks.
