All evidence packets submitted to the Department by law enforcement agencies in support of per se/express consent cases are scanned and stored electronically.

Once a hearing request is granted, a courtesy copy of the documents is mailed to the party that requested the hearing. There is no charge for this copy.

At the hearing, the Hearing Officer reviews the scanned electronic duplicate of these same documents. The paper originals are no longer provided to the Hearings Division.

Two separate processes are involved. When a hearing is requested, Driver Control sends a copy of the documents received (the “vidence packet) to the party that submitted the request. In addition, Driver Control notifies the Hearings Division that a hearing has been granted and needs to be scheduled. The scheduling doesn’t occur for several weeks. Once Hearings sets the date, a notice indicating the date, time and location (or telephone number) for the hearing will be mailed to the same address. However, this is a separate letter, and will most likely arrive a few weeks after the evidence packet.

There should be no difference.  When they are received by the Department, the “original” documents are scanned.  The copy (evidence packet) issued to the party that requests the Hearing is a print of the scanned documents.  When the hearing is held, the Hearing Officer will be viewing the scanned documents electronically.  As a result, no difference should exist between the documents received by the Department, the copy issued to the party requesting the hearing, or the electronic documents used by the Hearing Officer to conduct the hearing.

If you wish to compare the originals on file with the Department to the copies sent to you as a result of a hearing request, you can fax or mail the Original Document Review Form to Driver Control. The Department will contact you within five business days of receipt of the request to schedule the review. Once scheduled, a confirmation of the date and time will be sent by fax, e-mail, or regular mail. The originals can be reviewed only at the DMV office located at 1881 Pierce Street in Lakewood.

The original documents reside with Driver Control, and are not provided to the Hearings Division. If you make your request during the hearing, the Hearing Officer will provide you with a copy of the Original Document Review Form. You can also request a copy via fax by calling 303-205-5792. You will need to contact Driver Control as indicated on the form.  The hearing will continue as scheduled, but you will have the opportunity to notify the Hearing Officer if any discrepancies are noted in the comparison. The 30-day time for appeal of the Hearing Officer’s decision is not tolled, so you will want to request the review as quickly as possible.
 

By statute, Driver Control is the Custodian of Records for the Department of Revenue. As discussed above, the original documents filed by law enforcement agencies in support of per se/express consent cases will be scanned and thereafter stored electronically. The originals will be maintained by Driver Control for 90 days, in part to allow for comparison with copies by Respondents and/or their attorneys. To guarantee the integrity of the originals, a representative of Driver Control will be present when the reviews occur.

Visit our website at www.colorado.gov/revenue/dmv and select “Forms and Publications.”  Then, under “Forms by Topic,” click on “Driver Control/Driver Service Forms” and select Form DR2664.  Follow the instructions on the form. At this time no additional fee is being charged; however, it is possible that in the future the Department may be required to charge the statutorily permitted fee of $2.20 per page.

Yes, but because the documents contain privacy protected information, the Department will need to receive authorization in writing from either you or your attorney before this can occur. Such authorization must indicate the name and date of birth of the third party, and must be signed and dated by you or your attorney.  Authorizations from attorneys must be on letterhead. 

An authorization can be faxed to 303-205-5960 or dropped off at 1881 Pierce Street in Lakewood. You must provide the written authorization to the Department no fewer than two business days before the review is to be completed.

The Hearings Division can be reached by calling 303-205-5606.