Colorado DUI/DWI Defense + Administrative License Hearing Package
COLORADO DUI / DWAI / DUID DEFENSE AND EXPRESS CONSENT HEARING PACKAGE
PART 1 — CASE SUMMARY AND DEADLINE WORKSHEET
| Item | Detail |
|---|---|
| Client name | [_________________________________] |
| Date of birth | [__/__/____] |
| Colorado DL # | [_________________________________] |
| Date / time of stop | [__/__/____] at [____:____] |
| Arresting agency / officer | [_________________________________] |
| Location of stop | [_________________________________] |
| Chemical test type | ☐ Breath (Intoxilyzer 9000) ☐ Blood ☐ Refusal |
| Reported BAC / result | [_____] g/210L or g/100mL |
| Charge(s) filed | ☐ DUI § 42-4-1301(1)(a) ☐ DUI per se § 42-4-1301(2)(a) ☐ DWAI § 42-4-1301(1)(b) (BAC 0.05–<0.08) ☐ DUID ☐ UDD (under 21) |
| Felony exposure? (4+ prior alcohol-related) | ☐ Yes ☐ No — § 42-4-1301(1)(a), Class 4 felony |
| Notice of Revocation served? | ☐ Yes (date: [__/__/____]) ☐ No |
| 7-day deadline to request DMV hearing | [__/__/____] |
| First court appearance | [__/__/____] |
| Persistent Drunk Driver (PDD) flagged? | ☐ Yes (BAC ≥ 0.15, refusal, or 2nd offense) — § 42-2-126.5 |
Critical Colorado-Specific Deadlines
- 7 days from service of Notice of Revocation to request Express Consent hearing at any Colorado driver license office or via email to [email protected] (C.R.S. § 42-2-126(7)(b)).
- 60 days to file judicial review of adverse DMV order (C.R.S. § 42-2-126(9)).
- Failure to timely request: revocation takes effect automatically on the eighth day after service.
PART 2 — COLORADO DUI / DWAI / DUID TIER REFERENCE
| Offense | BAC / Standard | Code | Classification |
|---|---|---|---|
| DWAI (mid-tier — Colorado only) | BAC 0.05 to < 0.08, or alcohol slightly affects driver | C.R.S. § 42-4-1301(1)(b) & (g) | Misdemeanor traffic offense |
| DUI | "Substantially incapable" of safe driving | C.R.S. § 42-4-1301(1)(a) | Misdemeanor (1st–3rd); Class 4 felony on 4th |
| DUI per se | BAC ≥ 0.08 within 2 hours of driving | C.R.S. § 42-4-1301(2)(a) | Misdemeanor |
| DUID | Under influence of any drug | C.R.S. § 42-4-1301(1)(a) | Misdemeanor |
| UDD (under 21) | BAC 0.02 to < 0.05 | C.R.S. § 42-4-1301(2)(a.5) | Class A traffic infraction |
| Refusal | Refusal of breath/blood test | C.R.S. § 42-4-1301.1 + § 42-2-126(3)(c) | 1-year revocation + PDD + 2-yr IRL on reinstate |
PART 3 — REQUEST FOR EXPRESS CONSENT HEARING (DMV)
TO: Colorado Department of Revenue, Division of Motor Vehicles — Hearings Division
FROM: [CLIENT NAME], by and through counsel [ATTORNEY NAME]
RE: Request for Hearing — C.R.S. § 42-2-126
The undersigned licensee hereby requests an in-person hearing under C.R.S. § 42-2-126(8) regarding the Notice of Revocation served on [__/__/____].
Licensee information
| Field | Value |
|---|---|
| Full legal name | [_________________________________] |
| Date of birth | [__/__/____] |
| Colorado driver license # | [_________________________________] |
| Residential address | [_________________________________] |
| Phone | [_________________________________] |
| [_________________________________] |
Hearing requests
- ☐ In-person hearing (default)
- ☐ Telephonic hearing
- ☐ Subpoena arresting officer to appear (per C.R.S. § 42-2-126(8)(c))
- ☐ Subpoena breath-test operator
- ☐ Subpoena phlebotomist / blood collector
- ☐ Production of Intoxilyzer 9000 calibration / certification records
- ☐ Issuance of temporary permit pending hearing (driver surrendered license — § 42-2-126(7)(c))
Issues to be litigated
- Whether the officer had reasonable grounds to believe the licensee was driving in violation of § 42-4-1301.
- Whether the licensee was properly advised of express consent and afforded the statutory test election.
- Whether the test was administered within the 2-hour statutory window (§ 42-4-1301.1(2)(a)(III)).
- Whether the alleged refusal was objectively a refusal under controlling case law.
- Chain of custody, instrument certification, and operator qualification.
Date: [__/__/____] Signature: [_________________________________]
PART 4 — DEFENSE DEMAND FOR DISCOVERY (CRIM. P. 16)
DISTRICT/COUNTY COURT, [____________] COUNTY, COLORADO
| Party | Role |
|---|---|
| THE PEOPLE OF THE STATE OF COLORADO, | Plaintiff |
| v. | |
| [DEFENDANT NAME], | Defendant |
Case No.: [_________________]
Division: [_____]
DEFENDANT'S DEMAND FOR DISCOVERY AND DISCLOSURE
Pursuant to Crim. P. 16(I)(a), Brady v. Maryland, 373 U.S. 83 (1963), and the Sixth and Fourteenth Amendments, Defendant demands disclosure of the following:
- ☐ All police reports, supplemental reports, and CAD/dispatch logs.
- ☐ All body-worn camera, in-car (MVR), and booking-area video.
- ☐ Audio of any 911 call and radio traffic.
- ☐ Notice of Revocation, Express Consent Affidavit, and DR 2638 form.
- ☐ Roadside Standardized Field Sobriety Test (SFST) checklist and officer notes.
- ☐ Preliminary Breath Test (PBT) device serial number, calibration log, and result.
- ☐ Intoxilyzer 9000 full source-code documentation, COBRA database extract, calibration history (180 days), certification of operator, and certified analyst credentials.
- ☐ Blood-kit lot number, chain-of-custody, lab worksheets, chromatograms, headspace GC raw data, and analyst qualifications (Colorado Department of Public Health & Environment).
- ☐ All Giglio/impeachment material on each testifying officer.
- ☐ Any prior DUI training materials, NHTSA SFST instructor certifications, and any complaints/disciplinary records.
- ☐ All exculpatory evidence under Brady and § 16-9-412.
Dated: [__/__/____]
[ATTORNEY SIGNATURE BLOCK]
PART 5 — MOTION TO SUPPRESS
DEFENDANT'S MOTION TO SUPPRESS EVIDENCE
Defendant, by counsel, moves this Court for an order suppressing all evidence obtained as a result of the stop, detention, and chemical testing of Defendant, and states:
I. Suppression of Stop / Detention
- The officer lacked reasonable articulable suspicion to initiate the traffic stop (Terry v. Ohio; People v. Polander, 41 P.3d 698 (Colo. 2001)).
- The detention was unlawfully prolonged beyond its initial mission (Rodriguez v. United States, 575 U.S. 348 (2015)).
II. Suppression of SFSTs and Arrest
- The officer lacked probable cause to arrest for DUI; SFSTs were administered in non-compliance with the NHTSA manual and on a non-level, non-dry surface.
- Roadside questioning constituted custodial interrogation requiring Miranda warnings.
III. Suppression of Chemical Test
- The chemical test was not obtained within the 2-hour window required by C.R.S. § 42-4-1301.1(2)(a)(III).
- Express-consent advisement was deficient or coercive.
- For blood: warrantless blood draw violated the Fourth Amendment absent valid consent or exigency (Missouri v. McNeely, 569 U.S. 141 (2013); Birchfield v. North Dakota, 579 U.S. 438 (2016); Mitchell v. Wisconsin, 588 U.S. 840 (2019)).
- Intoxilyzer 9000 result is unreliable: failed calibration, expired certification, simulator solution out of tolerance, RFI interference, mouth-alcohol artifact, or operator non-compliance with 20-minute deprivation period.
Relief requested: Order suppressing (a) all observations post-stop; (b) all SFST results; (c) all statements; and (d) all chemical-test results.
Dated: [__/__/____]
[ATTORNEY SIGNATURE BLOCK]
PART 6 — INTERLOCK-RESTRICTED LICENSE (IRL) PETITION
TO: Colorado Department of Revenue, DMV
RE: Application for Early Reinstatement with Interlock-Restricted License under C.R.S. § 42-2-132.5
| Field | Value |
|---|---|
| Applicant name | [_________________________________] |
| Colorado DL # | [_________________________________] |
| Offense / revocation basis | ☐ DUI 1st ☐ DUI 2nd+ ☐ Refusal ☐ DUI per se ☐ DWAI |
| Date revocation began | [__/__/____] |
| Days of "hard" suspension served | [_____] |
| Approved interlock provider | [_________________________________] |
| Date of interlock installation | [__/__/____] |
| SR-22 filed? | ☐ Yes ☐ No |
| Level II Alcohol Education completed/enrolled? | ☐ Yes ☐ Enrolled |
| Persistent Drunk Driver designation? | ☐ Yes (min. 2-yr IRL — § 42-2-132.5(1)(a)(II)) ☐ No |
| Requested IRL term | [_____] months (minimum 8 months for 1st-offense ≤ 0.15 BAC; 2 years if PDD) |
The applicant represents that all preconditions of § 42-2-132.5 are satisfied and respectfully requests issuance of an Interlock-Restricted Driver License.
Dated: [__/__/____] Applicant: [_________________________________]
PART 7 — PLEA-DEAL WORKSHEET
| Item | Defense position | Prosecution position | Notes |
|---|---|---|---|
| Charge to plead to | ☐ DWAI ☐ Reduced traffic (e.g., careless) ☐ DUI | [_________________] | DWAI carries 2 pts vs. 12 pts for DUI |
| Plea form | ☐ Guilty ☐ Nolo ☐ Deferred judgment (§ 18-1.3-102) | [_________________] | |
| Jail days | [_____] (suspended? ☐) | [_____] | DWAI 1st: 2–180 days; DUI 1st: 5 days–1 year |
| Probation length | [_____] months | [_____] months | Up to 2 years |
| Useful public service | [_____] hours | [_____] hours | DUI 1st: 48–96 hrs |
| Fine | $[_____] | $[_____] | DUI 1st: $600–$1,000 |
| Level II Education/Therapy | ☐ Required ☐ Waived | ☐ Required | |
| MADD Victim Impact Panel | ☐ Yes ☐ No | ☐ Yes | |
| Interlock requirement | [_____] months | [_____] months | |
| PDD designation accepted? | ☐ Yes ☐ No | ☐ Yes | |
| Restitution | $[_____] | $[_____] | |
| Counts to be dismissed | [_________________] | [_________________] |
Client signature acknowledging review: [_________________________________] Date: [__/__/____]
PART 8 — EXPRESS CONSENT / IMPLIED CONSENT SUMMARY (COLORADO)
| Topic | Rule |
|---|---|
| Statute | C.R.S. § 42-4-1301.1 (Express Consent) |
| Trigger | Probable cause to believe driver violated DUI/DUI per se/DWAI/UDD |
| Driver's choice | Breath or blood, unless circumstances dictate otherwise; once elected, election is binding (§ 42-4-1301.1(2)(a)(II)) |
| Time limit | Test must be completed within 2 hours of driving |
| Right to counsel before test | None — request to consult counsel = deemed refusal |
| Independent test | Driver may obtain independent test at own expense |
| Refusal consequences | 1-year revocation (1st); 2-year (2nd); 3-year (3rd); automatic PDD designation; minimum 2-year Interlock-Restricted License upon reinstatement |
| Hearing deadline | 7 days from service of Notice of Revocation |
| Hearing forum | Colorado Department of Revenue, Hearings Division (administrative law judges) |
| Standard of proof | Preponderance of the evidence |
PART 9 — SOURCES AND REFERENCES
- C.R.S. § 42-4-1301 — DUI / DWAI / DUID definitions and penalties.
- C.R.S. § 42-4-1301.1 — Express Consent law.
- C.R.S. § 42-2-126 — Express Consent revocation procedure and hearing.
- C.R.S. § 42-2-126.5 — Persistent Drunk Driver.
- C.R.S. § 42-2-132.5 — Interlock-Restricted License.
- Colorado DMV Hearings — [email protected]
- Colorado Crim. P. 16 — Discovery in criminal cases.
- Missouri v. McNeely, 569 U.S. 141 (2013); Birchfield v. North Dakota, 579 U.S. 438 (2016); Mitchell v. Wisconsin, 588 U.S. 840 (2019).
End of Colorado DUI/DWAI Defense + Express Consent Hearing Package.
About this template
- Last updated
- May 26, 2026
- Jurisdiction
- Colorado
- Category
- Criminal Law
Legal authority
- C.R.S. § 42-4-1301 (DUI, DUI per se, DWAI, DUID)
- C.R.S. § 42-4-1301.1 (Express Consent Law)
- C.R.S. § 42-2-126 (Express Consent revocation; hearing procedure)
- C.R.S. § 42-2-132.5 (Interlock-Restricted License — IRL)
- C.R.S. § 42-2-126.5 (Persistent Drunk Driver designation)
- C.R.S. § 24-4-105 (Administrative Procedure Act — hearings)
- Crim. P. 16 (Discovery)
Criminal law paperwork covers every stage of a criminal case, from the first appearance and bail motion through pretrial motions, plea agreements, sentencing, and appeals. Deadlines in criminal cases are short and often unforgiving, and constitutional rights can be waived just by missing a filing. Using the right motion at the right time can mean the difference between evidence getting suppressed, charges getting reduced, or a case getting dismissed entirely.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
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