DUI.lawDUI.law

The licence case

Licence suspension after a DUI arrest in Colorado

The licence proceeding has its own deadlines. Check the applicable notice or order, not just the criminal court date.

Hearing-request deadline in Colorado: The department must receive the written hearing request within 7 days after the day you receive the revocation notice, or are deemed to have received it by mail.

C.R.S. § 42-2-126 (opens in a new tab)The notice identifies your proceeding. Conditions below.

The window

Deadline to request a hearing
The department must receive the written hearing request within 7 days after the day you receive the revocation notice, or are deemed to have received it by mail.
  • This is the administrative revocation procedure under C.R.S. § 42-2-126. A mailed notice is deemed received three days after mailing; the deadline is tied to notice, not simply the arrest date.
  • A late request must include a verified explanation. The department must grant it if the statutory grounds—lack of actual notice or physical incapacity such as hospitalization or incarceration—are established. That late-hearing procedure does not stay the revocation.
Verified C.R.S. § 42-2-126Official source (opens in a new tab)
Hearing procedure under the cited rule
Request review of the department’s revocation determination in writing. Section 42-2-126(7)(a) provides for a request form available at each department office.
  • The revocation notice must explain the hearing-request procedure and state the deadline. The department must receive the written request within the applicable seven-day period.
  • This administrative proceeding is independent of the criminal case. The disposition of criminal charges does not determine the revocation under this section.
Verified C.R.S. § 42-2-126Official source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Suspension length after a refusal
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

What happens if the window closes

The effect of a missed hearing-request deadline depends on the proceeding and the applicable law. This page does not determine whether review is still available or whether a particular licence restriction applies. A defence lawyer can review the notice or order and explain the available procedures.

Whether Colorado offers a restricted licence in that situation, and on what conditions, is a state-specific question:

Hardship or restricted licence
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Ignition interlock, first offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

How the two cases relate

A licence restriction may arise from a test result, a refusal or a criminal conviction. Those are not interchangeable grounds. The source and conditions attached to each rule matter; this page does not predict how one proceeding will affect another in a particular case.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
The department must receive the written hearing request within 7 days after the day you receive the revocation notice, or are deemed to have received it by mail.
  • This is the administrative revocation procedure under C.R.S. § 42-2-126. A mailed notice is deemed received three days after mailing; the deadline is tied to notice, not simply the arrest date.
  • A late request must include a verified explanation. The department must grant it if the statutory grounds—lack of actual notice or physical incapacity such as hospitalization or incarceration—are established. That late-hearing procedure does not stay the revocation.
Verified C.R.S. § 42-2-126Official source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
0.08%
Verified C.R.S. § 42-4-1301Official source (opens in a new tab)
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.