How to Request an Express Consent Hearing in Colorado

Colorado law requires all drivers to submit to chemical testing when arrested for DUI under the state's Express Consent statute. If you refuse a breath, blood, or urine test, the Department of Revenue automatically revokes your driver's license for one year, regardless of whether you're later convicted of DUI in criminal court. This revocation is immediate and separate from any criminal penalties. The officer who arrested you confiscated your physical license and issued a temporary permit, valid for seven days. During those seven days, you have one opportunity to challenge the revocation: requesting an Express Consent hearing with the Colorado Department of Revenue. If you do not request this hearing within seven calendar days from the date of your refusal, the one-year revocation becomes final. No extensions are granted. The seven-day clock starts the day you refused the test, not the day you were released or the day you received paperwork.

The Express Consent hearing is not a DUI trial. The hearing officer does not determine whether you were driving under the influence. The hearing answers four narrow questions: whether the officer had reasonable grounds to believe you were driving under the influence, whether you were lawfully arrested, whether you were properly advised of the consequences of refusal, and whether you in fact refused the test. You can win your Express Consent hearing and still be convicted of DUI in criminal court. You can also lose your Express Consent hearing and have your DUI charges dismissed. These are parallel processes with different standards of proof and different outcomes. Most drivers lose Express Consent hearings. The burden of proof is lower than in criminal court, and the hearing officer relies heavily on the arresting officer's testimony and the written report. Winning typically requires demonstrating that the officer failed to properly advise you of the consequences or that the refusal was not clear and unambiguous.

You must submit your hearing request in writing to the Colorado Department of Revenue, Driver Control Section, within seven calendar days of your refusal. The request can be mailed, faxed, or submitted in person. Online submission is not currently available for Express Consent hearings. The request must include your full name, date of birth, driver's license number, the date and location of your arrest, and a statement that you are requesting an Express Consent hearing. You must also include a $95 hearing fee, payable by check or money order. If you cannot afford the fee, you can request a fee waiver by submitting an affidavit of indigency. Mail your request to: Colorado Department of Revenue, Driver Control, 1881 Pierce Street, Lakewood, CO 80214. Fax requests to 303-205-5990. The Department must receive your request by the seventh day — postmark dates do not count. If day seven falls on a weekend or state holiday, the deadline extends to the next business day.

Once the Department receives your hearing request and fee, they will schedule your hearing within 60 days. You will receive written notice of the hearing date, time, and location by mail. The hearing is conducted by a Department of Revenue hearing officer, not a judge. You have the right to represent yourself or hire an attorney. You can subpoena witnesses, including the arresting officer, and you can present evidence. The hearing officer will issue a written decision within 28 days of the hearing. If you win, your license is not revoked. If you lose, the one-year revocation begins immediately. Requesting the hearing does not automatically stay the revocation. However, the Department will typically issue a temporary permit that allows you to drive until the hearing decision is issued. This permit ensures you can continue driving to work, medical appointments, and other necessary locations while your case is pending.

A chemical test refusal carries the same insurance consequences as a DUI conviction. Your current carrier will likely non-renew your policy at the next renewal date, or cancel it outright if your policy includes a clause allowing cancellation for license revocation. Colorado law requires all drivers with a revoked license to file an SR-22 certificate with the state before reinstatement. SR-22 is not a type of insurance — it is a certificate your insurer files with the Colorado Department of Revenue, proving you carry the required minimum liability coverage. Not all insurance companies offer SR-22 filing. You will need a carrier that specializes in high-risk drivers. SR-22 coverage in Colorado typically costs 70 to 130 percent more than standard auto insurance, depending on your age, driving record, and the carrier. The SR-22 filing fee itself is typically $15 to $50, paid to the carrier for submitting the certificate to the state. You must maintain continuous SR-22 coverage for three years following reinstatement. If your policy lapses or is cancelled during that period, the carrier notifies the state and your license is suspended again.

If you lose your Express Consent hearing or fail to request one, your license is revoked for one year from the date of refusal. Colorado does not offer a restricted or probationary license during an Express Consent revocation. You cannot drive at all during the revocation period unless you successfully appeal the hearing decision. After one year, you are eligible to apply for reinstatement. Reinstatement requires proof of SR-22 insurance, payment of a $95 reinstatement fee, completion of a Level II alcohol and drug education or treatment program, and in some cases installation of an ignition interlock device if you were later convicted of DUI in criminal court. The SR-22 requirement continues for three years after reinstatement. During those three years, any lapse in coverage triggers an automatic suspension. Most drivers continue SR-22 coverage beyond the three-year minimum to avoid gaps while transitioning back to standard insurance.

Step 1: Calculate your seven-day deadline. Count seven calendar days from the date of your refusal, which is printed on the temporary permit the officer gave you. If day seven falls on a weekend or state holiday, your deadline extends to the next business day. Missing this deadline means no hearing and automatic one-year revocation. Step 2: Prepare your written hearing request. Include your full name, date of birth, driver's license number, arrest date and location, and a statement requesting an Express Consent hearing. Attach a check or money order for $95 made out to the Colorado Department of Revenue. If you cannot afford the fee, request a fee waiver form from Driver Control. Step 3: Submit your request by mail or fax to the Colorado Department of Revenue, Driver Control, 1881 Pierce Street, Lakewood, CO 80214, fax 303-205-5990. The Department must receive it by the seventh day — do not rely on postmark. If you are close to the deadline, fax your request and follow up with mailed payment. Step 4: Contact a high-risk auto insurance carrier immediately. Even if you win your Express Consent hearing, a test refusal on your driving record will trigger a rate increase or non-renewal from your current carrier. Non-standard auto insurance refers to coverage offered by carriers that specifically work with high-risk drivers — those with DUIs, violations, lapses, or suspensions on their record. Carriers that offer SR-22 filing in Colorado include Progressive, Dairyland, The General, Bristol West, and National General. Get quotes now before any coverage gap appears on your record. Step 5: Consult an attorney who handles Express Consent hearings. Most DUI defense attorneys in Colorado also represent drivers in administrative hearings. The hearing is your only opportunity to avoid a one-year revocation, and the standard of proof heavily favors the state. An attorney can subpoena the arresting officer, cross-examine witnesses, and identify procedural errors that may win your case.