What Is an Express Consent Hearing?

A person charged with an alcohol-related driving infraction in Colorado will also face administrative repercussions from the DMV in addition to criminal penalties. Even if a person does not have a Colorado driver’s license, the DMV may remove or suspend their ability to drive. The express consent hearing, which is based on the preponderance of the evidence, determines whether a person violated Colorado’s express consent law by refusing to submit to, complete, or cooperate with a blood or breath test as required at the time of driving or within two hours after driving, or both.

DMV hearing officers rule on express consent hearings in Colorado and evaluate them using a preponderance standard. This is a fairly low bar for the state to meet, hence the outcome of these hearings frequently falls short of expectations. However, the outcome of this hearing will only address your Colorado driving rights.

Winning an administrative license hearing does not automatically result in the dismissal of your criminal case, and losing one does not automatically result in the dismissal of your criminal case. The DMV Hearing Officer will take all reasonable steps to terminate your driving privileges since they are paid to do so. That’s how easy it is.

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