Colorado record
Colorado DUI express consent hearing deadline
- What the state calls it
- DUI at 0.08 BAC or above for most adult drivers
- Administrative action
- Express consent revocation under C.R.S. § 42-2-126, contested at what Colorado calls an express consent hearing
- Deadline to contest
- 7 calendar days
- What starts the clock
- C.R.S. § 42-2-126(7)(b) requires a written request "within seven days after the day the person receives the notice of revocation" or is deemed to have received it by mail. Where the notice is mailed, typically in blood test cases, § 42-2-126(6)(b)(II) deems it received three days after mailing.
- Agency
- Colorado Division of Motor Vehicles, Express Consent Unit. Once the request is approved the Department of Revenue Hearings Division schedules it.
- How to request
- In writing. The Department of Revenue says you must request an express consent hearing in person at a DMV office, and that you may also request in writing by post or by email to the Express Consent Unit at dor_hearingrequest@state.co.us. When you request, you must say whether you want the officer who signed the affidavit to appear, because changing your mind later requires a subpoena served at least 5 days before the hearing.
- If the deadline passes
- § 42-2-126(7)(b) says the right to a hearing is waived and the department's determination becomes final. The revocation then takes effect seven days after you received the notice. There is a narrow late path: a written request with a verified statement explaining the delay must be considered, and the department must reopen if you could not file on time because you lacked actual notice or were hospitalized or incarcerated. Even then the revocation is not stayed while you wait.
- Temporary permit
- Commonly 7 days
- If the test was refused
- The 7 day deadline, the 7 day permit and the procedure are the same. The revocation is not: a refusal brings one year for a first violation, two years for a second and three for a third, against nine months for a first excess BAC case. What the hearing decides also differs. For a test case it is whether you drove with a BAC of 0.08 or more within two hours of driving. For a refusal it is whether the officer had probable cause to ask and whether you refused or failed to cooperate.
- Statute
- C.R.S. § 42-2-126, C.R.S. § 42-4-1301, C.R.S. § 42-2-132.5
What this means after an arrest in Colorado
An arrest in Colorado normally starts two separate processes. The criminal DUI case goes to court on its own timetable. Separately, Colorado Division of Motor Vehicles, Express Consent Unit. Once the request is approved the Department of Revenue Hearings Division schedules it. can act against your license, and you have 7 calendar days to contest that.
The clock is described in the source as: C.R.S. § 42-2-126(7)(b) requires a written request "within seven days after the day the person receives the notice of revocation" or is deemed to have received it by mail. Where the notice is mailed, typically in blood test cases, § 42-2-126(6)(b)(II) deems it received three days after mailing. That wording matters, because the date on your notice is what counts, not the date you got around to reading it.
What is different about Colorado
Colorado gives you one of the shortest windows in the country, and the temporary permit the officer issues lasts exactly as long, seven days. Requesting the hearing is what keeps you driving: the department then stays the revocation and issues a permit valid until the hearing, extendable until the final order. Blood test cases start later than breath cases, because the notice arrives by post from the DMV and counts as received three days after it was mailed. One thing not to expect from the hearing: the hearing officer has no discretion over the length of a revocation and cannot authorise driving before reinstatement.
What to do first
- Find the paperwork you were given at the roadside and check the date printed on it.
- Contact Colorado Division of Motor Vehicles, Express Consent Unit. Once the request is approved the Department of Revenue Hearings Division schedules it. or a Colorado defense attorney about the hearing request before the deadline above.
- Keep a copy of everything you send, with the date you sent it.
- Read what to do after a DUI arrest for the wider picture, including the criminal case.
Sources
- Express Consent Cases Procedures — Colorado Department of Revenue, Hearings Division (accessed 2026-08-20)
- Colorado Revised Statutes, Title 42 (§ 42-2-126) — Colorado General Assembly, Office of Legislative Legal Services (accessed 2026-08-20)
Change history
- 2026-08-20 — Record created from C.R.S. § 42-2-126 and Colorado Department of Revenue express consent procedures. (casey-meraz)