DUI DMV Hearing Timeline

When you are arrested for DUI in Denver, you are not just facing a criminal charge. You are also up against an entirely separate, and often faster-moving, civil process through the Colorado Department of Motor Vehicles (DMV). This administrative process can strip you of your driver’s license long before you ever step into a courtroom. 

At the Law Offices of Steven J. Pisani, LLC, we know the fear and confusion that follow a DUI arrest. Acting immediately and strategically can mean the difference between keeping your license and facing an automatic revocation.

If you are in this situation, our experienced DUI attorneys in Denver can help. 

Two Parallel Legal Paths: Criminal Court and DMV Action

A DUI arrest in Denver triggers two distinct proceedings:

• The Criminal Case is handled in Denver County Court and focuses on whether you committed a criminal offense, such as DUI or DWAI.
• The DMV Express Consent Process is a civil administrative hearing that determines whether your driver’s license will be suspended or revoked.

These processes operate independently. Waiting for your court date will not delay the DMV from revoking your license. This is why immediate action is so critical.

Your DUI Arrest: What to Expect in the First 48 Hours

If you take a breath test and the result is 0.08% or higher, or you refuse chemical testing, the arresting officer will seize your physical driver’s license and provide an Express Consent Affidavit and Notice of Revocation. You will also receive a 7-day temporary permit allowing you to drive legally while you decide your next steps.

The most urgent step is to request a DMV hearing within seven days. If you do so, the DMV will pause the revocation process and issue a temporary permit that allows you to continue driving until the hearing.

If you opted for a blood test, the officer will not take immediate action at the scene. Instead, once the lab reports a blood alcohol concentration of 0.08% or higher, the DMV will mail you a Notice of Revocation. 

Most attorneys treat the deadline to request a hearing in these cases as ten days from the postmark date, not from when you receive the letter. This makes it critical to check your mail frequently and preserve the envelope as proof of the date.

How to Request a DMV Hearing

You can request your hearing either online through the Colorado DMV portal or in person at a full-service DMV office. If you go in person, bring all documentation you received from law enforcement or the DMV, depending on whether your case involved a breath or blood test.

At the time of your request, you may also ask for the arresting officer to appear at the hearing. Officer testimony can be crucial, especially when challenging the basis of the stop, the administration of field sobriety tests, or the accuracy of breath or blood testing. If you do not request the officer’s appearance or fail to subpoena them later, the DMV hearing may proceed based solely on written reports and affidavits.

What Happens After the Hearing Is Scheduled

After you request the hearing on time, the DMV will issue a Notice of Hearing with the date, time, and instructions for attending, either in person or remotely. Most hearings are held within 60 days of your request unless a scheduling issue, such as officer unavailability, causes a delay.

As long as you requested your hearing on time and had valid driving privileges, you are generally allowed to continue driving with a temporary permit until the date of your hearing. This permit is essential for maintaining work, family, and personal responsibilities during the waiting period.

If you missed the deadline to request a hearing, it may still be possible to file a verified late request explaining the reason for the delay, such as medical emergencies or not receiving the notice. However, the DMV will not pause the revocation while the request is pending, so your license may still be suspended in the meantime.

What to Expect at the Express Consent Hearing

This hearing is not like a criminal trial. It is an administrative proceeding, led by a DMV hearing officer, that focuses solely on whether your license should be revoked. The standard of proof is preponderance of the evidence, which means “more likely than not”—a much lower standard than what is required in a criminal court.

The hearing officer will examine whether:

• You were in actual physical control of a motor vehicle
• The officer had reasonable grounds to believe you were impaired
• You refused testing or submitted to a test that showed a BAC of 0.08% or higher within two hours of driving

Unlike criminal court, DMV hearings rely heavily on documentation, such as the Express Consent Affidavit, lab reports, and arrest narratives. If you do not properly request the officer’s presence, the hearing may be decided without live testimony, making it harder to challenge inaccuracies or inconsistencies.

Key Mistakes That Jeopardize Your License

Several missteps can result in automatic revocation:

• Failing to open your mail promptly, especially in blood test cases
• Missing the 7-day deadline to request a hearing after a breath test or refusal
• Not requesting the officer’s presence, allowing the DMV to rely solely on written affidavits
• Confusing the criminal court timeline with the DMV process
• Not updating your mailing address with the DMV can lead to missed notices

Each of these errors can cause irreversible damage to your ability to drive legally in Colorado.

Strategic Defense Considerations

At our firm, we scrutinize every element of your case to uncover defenses that could impact both the DMV hearing and the criminal case. Some of the areas we evaluate include:

• Whether the traffic stop was legally justified
• Whether field sobriety tests were administered correctly and without bias from physical or environmental factors
• Timing of the test: Was the test conducted within the legally required window?
• Machine accuracy and maintenance: We review calibration logs, maintenance history, and performance records
• Proper implied consent advisements: Did the officer inform you of your rights and the consequences of refusal accurately?

These factors can cast doubt on the legitimacy of the evidence used against you and may preserve your license—or even help you win your criminal case.

Frequently Asked Questions

How long do I have to request a DMV hearing after a DUI arrest in Denver?

Seven days if you took a breath test or refused testing. Ten days from the postmark if you took a blood test.

Can I still drive after requesting the hearing?

Yes, as long as your license was otherwise valid and you requested the hearing on time, the DMV will issue a temporary permit valid through the date of your hearing.

When will my DMV hearing be scheduled?

Usually, within 60 days of your request, unless delayed by specific issues, such as officer scheduling.

What happens if I miss the deadline?

Revocation becomes final. You may file a verified statement to request a late hearing; however, your license will not be protected while the request is being reviewed.

Talk With a Denver DUI Attorney Today

Time is not on your side. The window to protect your driving privileges starts closing the moment you are arrested. At the Law Offices of Steven J. Pisani, LLC, we act quickly and precisely to defend your rights before both the DMV and the criminal court.

Our firm has over a decade of experience handling DUI cases across the Denver metro area. We understand how the DMV process intersects with your criminal case, and we know how to use each hearing as an opportunity to challenge the evidence and protect your future.

If you were arrested for DUI in Colorado, contact a DUI defense lawyer at our Denver office today. Let an experienced criminal defense attorney in Denver, CO, help you fight for your license—and your freedom.