Express Consent Affidavit in Colorado: The 7-Day DMV Hearing Deadline and How to Request It
The officer hands you a yellow paper before you leave—your Express Consent Affidavit. That paperwork is often your temporary permit—and it starts your DMV clock. Your first step is to identify which type of test applies to your case, because that determines when your 7-day window starts. If your case involves a blood draw, you may not get that notice that night—DMV typically mails it later, and the seven-day window usually runs from when you receive it. Request the hearing on time and the revocation is put on hold while DMV schedules the hearing (by law, it must be held within 60 days of your request). Miss the window, and the revocation can take effect without a hearing.
During my time as a public defender in La Plata County, the pattern was clear: people weren't losing their licenses because they couldn't win—they lost them because nobody told them they had seven days to act. Here's what you need to do right now:
Check your arrest date (breath test or refusal) or the date you received the DMV Notice of Revocation (blood test).
Count seven (7) calendar days — weekends and holidays count.
Request your hearing through Colorado DMV (myDMV) or by submitting a written request to the Express Consent Unit (email is accepted).
Save your affidavit/notice — in many cases it functions as your temporary permit or contains the instructions you must follow.
Understanding Your Express Consent Affidavit and Temporary Permit
Your Express Consent paperwork does three things: it tells you DMV plans to revoke your license, it explains how to request a hearing, and in many breath/refusal cases it also acts as your temporary permit.
The affidavit explains Colorado's Express Consent Law (C.R.S. § 42-4-1301.1). By driving in Colorado, you agreed to chemical testing if an officer has probable cause. Test over 0.08% or refuse, and DMV starts revocation proceedings separate from your criminal DUI case.
I’ve had people call me on day nine thinking they had more time. By then, their license was already on the path to revocation and the hearing right was much harder to preserve.
Seven Calendar Days: Why This Deadline Moves Faster Than You Think
People miss this deadline for two reasons: they confuse it with their court date, or they assume their criminal attorney will handle it automatically.
Your court appearance might be weeks out. The DMV deadline is days. They’re separate. Miss the DMV deadline, and your driving privilege can be revoked before your criminal case has barely started.
Three Ways to Request Your DMV Hearing Before the Deadline Expires
You can request the hearing yourself, but how and when you do it can matter—especially if evidence needs to be preserved or deadlines are tight.–
myDMV (online): Follow the hearing-request instructions on myDMV (Driver/ID Services → Appointments & Hearings).
In person: Request at a DMV/driver license office (bring your affidavit/notice).
In writing (email or mail): Send a written request to the Express Consent Unit at dor_hearingrequest@state.co.us (include identifying info and a copy/photo of your notice when possible).
If you file yourself, you’re often filing “blind”:
You may not have the full Express Consent packet yet
You may not know what probable cause is being asserted
You may be scrambling to prepare while evidence is disappearing
When I file for clients, I do it the same day they retain me. I verify the correct deadline, get the request in, and start building both your criminal and DMV strategy while evidence is still fresh.
Requesting a Hearing Extends Your Temporary License While You Prepare
When the hearing is requested on time, the revocation is generally pending until the hearing officer issues an order. And by law, the hearing must be held within 60 days of the original request (even if the schedule is tight).
Those weeks matter if you need to get to work in Durango, take kids to school in Bayfield, or handle anything that requires a vehicle in Southwest Colorado.
At the hearing, DMV reviews whether the statutory elements are met (including probable cause). The standard is “preponderance of the evidence” — lower than criminal court’s “beyond a reasonable doubt.” Hearing officers work for the Department of Revenue.
Missing the Window: When the Revocation Can Take Effect
If you miss the deadline, DMV may treat it as a waiver of your hearing rights. In breath/refusal cases, the revocation can become effective very quickly; in blood-test cases, the effective date is tied to when you receive (or are deemed to have received) the mailed notice.
When the revocation period ends, your license typically doesn’t just “turn back on.” Reinstatement can involve education/treatment requirements, SR-22 insurance, fees, and a reinstatement process.
Late hearing requests: You may submit a written request explaining why you missed the deadline (for example: incarceration, hospitalization, wrong address/no actual notice). There is no single form required; you can submit the late-hearing request to the Express Consent Unit at dor_hearingrequest@state.co.us. Approval is case-by-case.
Don't Wait Until Day Six to Figure This Out
Most people who lose the DMV deadline don't lose it because they ignored it—they lose it because they spent those seven days trying to figure out what to do. By the time they understand the process, the window has closed.
The consultation is free and confidential. We'll check your timeline, review what happened at your stop, and you'll know exactly what needs to happen next. If you want help with the DMV request or the criminal case, we handle it. If you don't, the conversation still stays confidential. Call (970) 946-4157 or schedule online.