Practice Area

Colorado DMV Express Consent
Hearing Lawyers


The officer took your license and handed you a notice of revocation. You have seven days to fight it. Our DUI flat fee includes your DMV hearing.

Home / Criminal Defense / Colorado DMV Express Consent Hearing Lawyers

Why the DMV case moves first

If you were arrested for DUI in Colorado and either took a breath test at 0.08 or higher or refused testing, the Division of Motor Vehicles will revoke your license unless you request a hearing. You generally have seven days from the day you received the notice of revocation to make that request in writing (C.R.S. 42-2-126). If you took a blood test, you’ll get the notice by mail once results come back, and the clock starts then.
Asking for a hearing costs you nothing. The hearing officer can’t make the revocation worse because you asked, and in most cases you can keep driving on a temporary permit until the hearing decision.

A DUI arrest starts two proceedings. The criminal case in county court may take months. The DMV case under Colorado’s express consent law is designed to move quickly: it exists to revoke the licenses of drivers with an excessive BAC and drivers who refuse testing, while giving them an opportunity for a hearing first.

Which notice you get, and when, depends on the test:

What's at stake: revocation periods

For a driver 21 or older, a typical first revocation is:
Repeat revocations are longer. Drivers with a BAC of 0.15 or more, and drivers who refuse, are also treated as “persistent drunk drivers,” which adds interlock and education requirements.
Many drivers can get back on the road before the full revocation ends by reinstating early with an ignition interlock device, after a mandatory period of no driving. Early reinstatement rules are detailed, and they depend on your record and the type of revocation. We’ll walk you through them.

What happens at the DMV hearing

A DMV hearing looks like a small court hearing, with some key differences:

What happens at the DMV hearing

A DMV hearing looks like a small court hearing, with some key differences:

Colorado criminal defense

Got a notice of Revocation? Talk to a lawyer today. Don’t let the 7 days run out.

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Your criminal defense attorney

Bradley E. Smith

Founding Partner
Criminal Defense Attorney

  • Criminal lawFelonies, misdemeanors, and state and federal charges.
  • DUI & trafficDUI, DWAI, traffic offenses, and license issues.
  • Post-conviction reliefAppeals, sentence reduction, and record issues.

Former Deputy District Attorney in Mesa County and Denver Assistant City Attorney. More than six years as a U.S. Navy officer overseas, in Japan, East Africa, Europe, and the Middle East. J.D. from the University of Kansas School of Law and a bachelor’s degree from CU Boulder. Licensed in Colorado state and federal courts.

How your defense works

That prosecutorial background matters in a specific way. Prosecutors triage. They decide which cases are worth the trial calendar and which ones are better resolved. A defense lawyer who has made those decisions knows what moves them — a suppression issue the officer can’t survive, a witness who won’t hold up, a discovery gap that never gets filled.

We look for those first, before anyone talks about a plea.

Every DUI case is built from the same pieces, and each one can fail:

Free Consultation

Free consultation with a lawyer. Tell us what happened. We'll explain the charge, what you're facing, and your options.

We get the evidence

Police reports, body-camera and dash-camera video, test records, and witness statements. We look for what the officer got wrong, and what the report leaves out

Motions and negotiation

ask the court to throw out evidence that was gathered illegally, and we negotiate with the prosecutor from a position of strength

Trial. (if needed)

If the prosecutor won't be reasonable, we're ready to put your case in front of a judge or jury

We look at all of it. Then we decide, with you, whether to file motions, negotiate a reduction, or try the case.

What happens after an arrest


The order below is the shape of most Colorado criminal cases. Where your case sits in it determines what can still be changed.

  1. Arrest and advisement

    You will be advised of the charges, usually within 48 hours. You do not have to explain yourself to anyone, and you should not. The single most common way a defensible case becomes a difficult one is a statement given before a lawyer was involved.

  2. Bond

    The court sets bond considering the charge, your record, your ties to the community, and any perceived risk. Bond can be argued, and bond can be reduced after it’s set. A lawyer at that hearing is the difference between a number and an argument.

  3. Protection orders

    In any domestic violence case, a mandatory protection order issues immediately. It can bar you from your own home and from contact with your family. It can be modified — but only through the court, never by agreement with the other party.

  4. Discovery and investigation

    We obtain everything the state has: reports, body camera footage, dispatch audio, lab results, officer histories. We also build what the state didn’t bother to — witnesses they never interviewed, video they never pulled.

  5. Motions

    Suppression of an unlawful stop, an unlawful search, or an involuntary statement can end a case outright. Several of our dismissals came at or immediately after a motions hearing.

  6. Resolution or trial

    Most cases resolve. Some should not. We prepare every case as though it will be tried, because that preparation is what produces the better offer — and because when a case should go to a jury, we are ready.

DUI and DWAI results

Recent outcomes in impaired-driving cases.

Drug DUI

Not guilty

Jury acquitted our client of DUI and DWAI (drugs) despite a reported THC level of 27 ng/mL.

El Paso County · 2023
DUI and DWAI

Not guilty

Jury acquitted our client of DUI/DWAI, swerving, and open container after 15 minutes of deliberation.

Jefferson County · 2024
DUI and DWAI

Not guilty

Jury acquitted our client of DUI and DWAI; he kept his commercial driver’s license.

Weld County · 2022
Fourth DUI

Dismissed

Reduced to careless driving with no jail at the pretrial readiness conference.

Weld County · 2022
Felony DUI

Deferred judgment

Client granted a deferred judgment and sentence.

Garfield County · 2023
DUI

Dismissed

One week before trial, after a motions hearing.

Jefferson County · 2023

Results depend on the specific facts and legal circumstances of each case. Prior results do not guarantee or predict a similar outcome.

What clients say

Unedited, from our Google profile. Traffic and impaired-driving matters are among the cases these clients hired us for.

Brad & Molly absolutely knocked it out of the park for me!!! They were extremely knowledgeable, professional and expeditious in everything they did for me. (I retained them for a 30-over traffic offense.) Great job and thank you both!!!
Kevin Isaac
Google review
Molly was amazing. I’m so glad I used her to represent me in court for my speeding ticket. She made the whole process so much less stressful, kept me informed, and really advocated for me. I’m so grateful for her help and would absolutely recommend her.
Alison Chan
Google review
I am so thankful that I had Bradley as my attorney. He was great at communicating in a timely manner, answering all my questions, and explaining things. He made the process go very smoothly with a great outcome. I definitely recommend!
Anna
Google review

Reviews are published on Google by the people who wrote them. Past results do not guarantee a similar outcome.

Colorado DUI FAQs


These come up in almost every DUI call: what a first offense actually carries, what happens to your license while the case is pending, and what it costs to fight it. The answers below are general — your stop, your test, and your record decide how they apply to you.

Seven days from the day you received the notice of revocation. If the notice was mailed, it’s treated as received three days after mailing. Request the hearing in writing, or have a lawyer do it for you.

Usually, yes. If you request the hearing on time, you can typically drive on a temporary permit until the hearing decision, as long as your license was otherwise valid. Check your status with the Colorado DMV to be sure.

If you don’t appear, you’re likely to lose. When we represent you, we prepare you for the hearing and handle it with you.

Yes. A medical marijuana card allows you to use marijuana; it doesn’t allow you to drive impaired. But the prosecutor still has to prove impairment, and a THC blood level alone doesn’t prove it.

Call a lawyer right away. The DMV must consider a late request if it comes with a sworn statement explaining why it was late, though it isn’t required to grant it. Early reinstatement with an interlock may also be available.

Yes. Our DUI representation is a flat fee, and it includes your DMV hearing at no additional cost. We’ll quote your fee at the free consultation.