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Motor Vehicle Hearings Procedure
How to request a hearing
How you request a hearing depends on the type of hearing.
Generally, if you were served with a yellow or carbon copy of an Affidavit and Notice of Revocation or an Affidavit and Notice of Suspension by a police officer (most typically for a DUI/DWAI arrest), you will need to go to the Division of Motor Vehicles (DMV) office to request a hearing. These hearings must be requested in writing at DMV.
If you were not served with paperwork by a police officer, you can schedule your hearing by contacting the Hearings Division at (303) 205-5606. A probationary driver license (red license) is not available in many cases.
Rescheduling a hearing
You may request to reschedule a hearing by calling (303) 205-5606.
For Express Consent hearings, reschedule requests must be in writing. By law, if an attorney or respondent
request a reschedule
, the revocation will go into effect on the date the hearing was originally scheduled. C.R.S. §42-2-126(6)(d) The Hearings Division will attempt to accommodate your request, however due to the docket caseload, it may not be possible to reschedule your case. Hearings must be held within 60 days of the original request, and there must be sufficient time to notify all parties.
If you are a law enforcement officer, you may request a
reschedule for reasonable conflict
(including, but not limited to training, vacation, or personal leave) provided the request is made at least 48 hours prior to the hearing. C.R.S. §42-2-126(8)(a)(III) Reschedule requests may be considered up to the time of hearing if they are for just cause, including but not limited to medical reasons, law enforcement emergency, or another court or administrative hearing, as long as the Hearings Division is notified. C.R.S. §42-2-126(8)(a)(III).
What happens at a hearing
Driver license hearings are administrative in nature. Therefore, they are more informal than court proceedings. Your hearing may be held in person or by phone. When you are scheduled for a hearing, the notice that is sent to you will indicate whether it is in person or by phone. If it is by phone, there will be a phone check-in number on the notice. If you are scheduled for an in person hearing, make sure you give yourself extra time, particularly since it can be difficult to find a parking space. Due to the caseload of the Hearings Division, latecomers cannot be accommodated, and your hearing may proceed without you.
During the hearing, you will meet with a Hearing Officer who will explain the nature and purpose of the hearing to you. You will have an opportunity to ask questions about the procedure; however the
Hearing Officer cannot provide legal advice
. If your case is an express consent case, and you have requested the officer's presence, he or she will testify first and you will have the opportunity to ask relevant questions (cross-examine) of the officer. The officer’s name who appears on the Request for Administrative Hearing form is the officer who signed the Express Consent Affidavit.
For any other matter, the Hearing Officer will review the evidence with you, such as reviewing your points on record, etc. You will have an opportunity to present evidence such as witnesses or you may testify on your own behalf. You are not required to testify.
Do I need an attorney?
It is entirely your decision whether you will be represented by an attorney at your hearing; you are not required to have one. As driver license matters are administrative, there is no right to an attorney if you cannot afford one. If you choose to proceed without an attorney,
the Hearing Officer or Hearings Division staff cannot provide legal advice
Preparing for your hearing
You should be prepared to discuss the issues with the Hearing Officer. Bring anything you want the Hearing Officer to consider to your hearing. Due to the caseload of the Hearings Division, you may not be given more time to gather evidence.
If your hearing is regarding an ignition interlock matter, you may request copies of the reports in advance by calling 303-205-5606. Please call two weeks before your hearing date.
If your hearing is an express consent matter, a copy of the police reports will be sent to the address listed on your request for hearing.
The Hearing Officer's decision is the final agency action. After the order is issued the Hearing Officer loses jurisdiction over the matter. If you disagree with the decision you may file an appeal.
The appeal is filed in the district court in the county where you live. Appeals must be filed within 35 days of the date of the decision. If you appeal, you will be required to obtain a transcript of the hearing at your expense.
In an appeal, the judge will review the transcript and make a determination as to whether the Hearing Officer correctly applied the law, was arbitrary or capricious, acted within their authority, or if there are facts in evidence to support the conclusion of the Hearing Officer.
An appeal is not a second hearing – if the judge determines that the Hearing Officer correctly applied the law, the Judge cannot change the decision. There is no authority for a Hearing Officer to reconsider a decision.
The Hearing Division does not provide foreign language interpreters. If you are not comfortable with the English language, it is your responsibility to provide an interpreter.
- American Sign Language interpreters will be provided. Please contact the Hearings Division at 303-205-5606 at least two weeks before your scheduled hearing so a sign interpreter can be arranged.
Disclaimer: This summary was prepared by the Department of Revenue Hearing Division and should be used as a reference only. Interested parties should refer to the full text of the law and seek legal counsel before drawing conclusions