Express Consent Revocation Hearing

An Express Consent Revocation in Colorado is initiated by a law enforcement officer’s arrest of a driver for an alcohol or drug-related traffic offense. Express Consent Revocations are sometimes referred to as “EC Revocations” or “per se Revocations”. Most Express Consent Revocations are for drivers who submit a blood or breath test yielding an alcohol concentration of .08 or greater, or for those who refuse a chemical test at the direction of the police. Express Consent Revocations may also occur for minor drivers at a lower level. For those drivers who are under age 21 at the time of the stop, a police officer may initiate an Express Consent Revocation based upon a blood or breath test reflecting an alcohol concentration of .02 or greater, or a refusal. For commercial drivers, an Express Consent Revocation may be initiated at an alcohol concentration level of .04 or greater, or a refusal.

Hearings on these matters are not automatic. The driver (referred to as “Respondent”) must affirmatively request an administrative hearing at DMV within 7 days of the date listed on the top right hand corner of the Express Consent Affidavit and Notice of Revocation for breath and refusal cases. For blood tests, it is imperative for the Respondent to have her current mailing address on file with Colorado DMV to avoid any potential delay in receiving a Notice of Revocation letter in the mail. For blood tests, the Respondent must request a hearing at DMV by the deadline indicated in the letter. If no request for administrative hearing is timely made at DMV, then refusal and breath test revocations will occur on day 8. For blood test revocations, the revocation will automatically enter on the date indicated in the Notice of Revocation letter received by mail. Sometimes the Department of Revenue will grant a “late hearing request” for good cause. An example may be that a Respondent was in custody or perhaps in the hospital during the 7 day period and therefore he was unable to request a hearing due to his in custody status or hospitalization.

Essential elements that the state must prove to sustain a blood or breath revocation include the following:1) That the respondent was driving or in actual physical control of a motor vehicle on the date alleged in the complaint.2) That the police officer had probable cause to believe that the respondent’s ability to drive was impaired even to the slightest degree.3) A valid chemical test yielding a blood concentration of .08 or greater.

Essential elements that the state must provide to sustain a refusal revocation include the following:

• That the respondent was driving or in actual physical control of a motor vehicle on the date alleged in the complaint.
• That the police officer had probable cause to believe that the respondent’s ability to drive was impaired even to the slightest degree.
• That the Respondent refused a chemical test at the direction of the police.

If these elements are shown by a preponderance of the evidence, then the hearings officer is required to sustain the revocation.

Pursuant to Colorado law (C.R.S. 42-2-126(8)(h) and 42-1-228), the initial contact and subsequent arrest of respondent may be challenged at the Express Consent Hearing. If the initial contact with respondent or arrest is shown to be illegal, the driver’s license revocation should not be sustained at DMV.

Did you receive an Express Consent Affidavit and Notice of Revocation from a Colorado police officer? Attorney Monte Robbins has a great amount of experience in defending good people who are facing the revocation of their driver’s license from an alcohol or drug-related traffic stop. Contact Attorney Monte Robbins today to find out how to protect your driving privileges: 303-355-5148.