Since driving a motor vehicle in Colorado is a administrative privilege rather than a constitutional right, modified civil rules of process apply to DMV hearings rather than criminal rules. Accordingly, the legal standard for determining whether a violation of the driving regulations occurred is by a “preponderance of the evidence.”

This legal standard, which is used in most civil cases, means that if the evidence (e.g. police reports, testimony by a police officer, or statements by witnesses) shows by a “preponderance” (which means “more likely than not”) to have occurred, the DMV will rule that the violation occurred. Additionally, since criminal rules of evidence do not apply, evidence that normally would be prohibited (e.g. hearsay evidence) is allowed and will be considered by the DMV officer as part of the body of evidence in any driver’s license hearing.