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        Driving Privilege.  In Colorado, driving is a privilege, not a right, and most of us take our driving privileges for granted.  Places are much further away than we realize when we have access to a vehicle.  Driver's license or Colorado driving privileges may be taken for one or more of the below identified reasons. This list is not intended to be exhaustive - just highlight the most common reasons.  

        DOR Overview.  The Department of Revenue is an administrative agency created by statute.  It has no more or less power than granted by the legislature.  Many functions are mandatory pursuant to statute; the DOR has discretion only when granted by statute.  The DOR has also promulgated rules and regulations; some are linked in this website.

        DOR Hearing Structure.  Hearings regarding Colorado license or Colorado driving privileges loss occur in DOR district offices across the state.  The hearing officer is actually employed not by the DMV, but by the Colorado Department of Revenue, Hearing and Appeals Division.  This is a branch of the Colorado Department of Revenue which is separate and distinct from the DMV.  Drivers commonly believe the Colorado license or Colorado driving privileges has been suspended, revoked or denied by the DMV, so that is the phraseology which is used in this webpage and the DMV Appeals webpage.

        Statutory Basis - License Loss.  The respondent's driver license or Colorado driving privileges are in jeopardy on the basis of a particular statute. e.g.
                a.) CRS 42-2-127 points
                b.) CRS 42-2-126 excessive alcohol or refusing a chemical test
                c.) CRS 42-2-125 multiple alcohol offense convictions, MIP, baby DUI
                d.) CRS 42-2-201 et. seq. - habitual offender
                e.) CRS 42-2-127.7 compulsory insurance
        If the criteria of the particular underlying statute are are met, the driver license will be suspended, revoked or denied.

        Rules Governing Hearing.  DMV hearings are conducted pursuant to CRS 24-4-105, the Colorado Administrative Procedures Act (APA).  In some circumstances, conduct or rules of the hearing are are provided in a specific statute.  e.g. refusing a chemical test or excessive alcohol content revocation CRS 42-2-126.  DOR regulations also apply regarding conduct of hearings.  Under the relaxed rules of the APA, hearsay is admissible, including multiple levels of hearsay.  This is unfavorable to the respondent driver.

        Setting Hearings.  In hearings such as excessive alchohol or refusing a chemical test, the adverse action is effective immediately upon service of notice, with the right to request a hearing within 7 days from service of the notice of adverse action.  In such circumstances, the respondent driver may request the presence of the arresting officer at hearing.  In other circumstances such as points, notice is sent to the driver.  Hearing date has been scheduled and is identified in the notice.  In yet other circumstances such as driving under restraint, notice of adverse action is sent to the driver.  DMV has already taken the adverse action which is mandated by Colorado law CRS 42-2-138, and the driver is simply notified of the action.  DUR = 1 additional year loss to run consecutively with any other adverse action.  In such circumstance, a hearing may also be requested upon receipt of notice.

        Subpoena.  In criminal & traffic court cases, attorneys may issue a subpoena or subpoena duces tecum (document production) and no particular form is required.  In DOR hearing actions, statutes and DOR regulations require that a subpoena or subpoena duces tecum may only be issued by the DOR hearing officer & that it must be upon a DOR form.

        Conduct of Hearing.  Hearings are generally conducted in a regular looking office with the DOR hearing officer seated behind the desk.  The Law enforcement officer frequently sits beside the desk with the respondent driver & counsel or witness seated opposite the hearing officer in front of the desk.  The hearing is recorded.  The recorder continues even if the hearing officer leaves the room, so care must be taken to avoid candid remarks or statements as no privacy exists.  The hearing officer will identify himself and have each person in the room identify himself or herself for the record.  The hearing officer will identify the allegations - reason for the hearing.  Witnesses, if any, are sworn and the hearing officer proceeds to take testimony and accept exhibits from a law enforcement officer if one is present.  Respondent driver is afforded an opportunity to cross examine the law enforcement officer, and to subsequently offer his or her own witnesses, self testimony or exhibits.  At conclusion of testimony, an opportunity is afforded for closing statement and the hearing officer then enters a ruling.

        Burden of Proof.  The burden of proof is upon the state by a preponderance of the evidence.  CRS 42-2-126, Schocke v. Colorado Department of Revenue, 719 P.2d 361 (Colo.App. 1986).

        Right to Appeal.  If the Colorado driver license or Colorado driving privileges are suspended, revoked or denied, please refer to the DMV Appeals webpage for appellate information.
        Limited time exists to appeal.

        Penalties and Procedure.  Plea bargaining is not available - at the DMV hearing a driver wins or loses.

        Application for Driver License in Another State.  If driving privileges are under suspension, revocation or denial at the time a driver makes application for a new license in another state, the driver will not be issued a license out of state until the Colorado hold is cleared.  If application is made in Colorado during a period of suspension, revocation or denial, the driver be charged with a separate jailable major traffic offense simply for making the application.  Refer to National Records and False Information - Interstate Compact page