When a driver has a blood alcohol content (BAC) of .080 or above, an Express Consent Affidavit and Notice of Revocation is the form used by the Department of Motor Vehicles (“DMV”) to start the process. The form generally is yellow. When you submit to a breath test the notice is given to you by the law enforcement officer at the time of your arrest. You have seven days from receipt of the notice to request a hearing. If you gave a blood sample, it often takes weeks to get the test results. If the officer learns your BAC was .080 or above, he will contact the DMV and the Notice of Revocation form will be mailed by the DMV to your last known address. Upon receiving the Notice of Revocation you have a limited amount of time to request a hearing or the revocation automatically goes into effect.
If you request a hearing and no other driving restrictions apply, you will be given a temporary permit to drive until the hearing date. The DMV must schedule the hearing within 60 days of the request. Additionally, the DMV must provide a minimum of ten days’ notice prior to the hearing date. You can request that the officer be present at the hearing or waive the officer’s appearance. If requested, the officer must appear at the hearing or the action is dismissed.
Obviously, when the officer appears, he or she will testify. If the officer is not requested, the DMV will determine whether to
revoke your license based on the report prepared by the officers who contacted you.
To revoke a license under the express consent law, the hearing officer must find:
1. You were in control of a motor vehicle.
2. The officer had a basis to contact you.
3. The officer had a reasonable belief that you were intoxicated.
4. The officer advised you of the express consent law.
5. A blood or breath test was administered in conformity with the Colorado Department of Health Regulations, or if this is a refusal, that you
refused to take a test.
6. If a test was given, the BAC is .080 or above.
7. If a test was administered, the sample had to be given within two hours of the time of driving.