Adams County Express Consent Hearing Guide

Your License After a DUI Arrest in Adams County

After a DUI arrest in Adams County, Colorado, you face two separate but intertwined legal battles. The first is a criminal case in the Adams County courts, where the prosecution must prove you drove under the influence beyond a reasonable doubt. The second is an administrative case with the Colorado Department of Motor Vehicles (DMV), concerning your driving privileges. This administrative process, often called an "ALR" (Administrative License Revocation) hearing, can result in the suspension of your driver's license independently of the criminal case outcome. Understanding the deadlines and procedures of the ALR process is crucial to protecting your driving privileges. The 17th Judicial District criminal proceedings and the Colorado DMV administrative actions create two fronts for defendants, often with conflicting timelines and requirements.

CRITICAL DEADLINE: Request Hearing Within 7 Days

Following a DUI arrest in Adams County, you have a very limited time to request an ALR hearing to challenge the potential suspension of your driver's license. You must request this hearing within 7 calendar days of your arrest if your blood alcohol content (BAC) was measured via a breath test or you refused to take a chemical test. If a blood test was administered, you have 10 days from the date listed on the DMV's notice sent to you. Missing this deadline results in automatic license revocation without the possibility of a probationary license (Red License) for at least 30 days.

• Where to request: You must request the hearing from the Colorado DMV Hearings Division.
• How to request: Contact the DMV Hearings Division at (303) 205-5606.
• What happens if you miss the deadline: If you fail to request a hearing within the 7-day or 10-day window, your license will be automatically suspended. There is no appeal or exception to this rule. The DMV focuses on the immediate crisis of the impound and work, causing many defendants to miss the 7-day hearing request window, and the license is automatically revoked.

Automatic License Suspension

The Colorado DMV can automatically suspend your driver's license under two primary scenarios following a DUI arrest: failing a chemical test (breath or blood) or refusing to submit to testing.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your BAC was 0.08 or higher, the Colorado DMV will likely suspend your license. The length of the suspension varies depending on prior offenses and other factors.
• Temporary permit valid until hearing or suspension begins: Upon arrest, the officer might issue you a temporary driving permit. This permit allows you to drive until your ALR hearing or until the suspension officially begins, whichever comes first.

If You Refused Testing

• Refusal penalty: Refusing to submit to a breath or blood test carries a harsher penalty than failing the test. The suspension period for a refusal is typically longer than for a failed test.
• Implied consent law in Colorado: Colorado, like most states, has an implied consent law. This law states that by driving on Colorado roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this law results in automatic license suspension.

The ALR/Administrative Hearing

The ALR hearing is a critical opportunity to challenge the suspension of your driver's license. It is a separate proceeding from the criminal DUI case.

What It Is

• Separate from criminal court: The ALR hearing is an administrative proceeding conducted by the Colorado DMV, not a criminal trial.
• Decide if license suspension is warranted: The purpose of the hearing is to determine whether the DMV has sufficient evidence to justify suspending your license based on the DUI arrest.
• Lower burden of proof than criminal trial: The DMV only needs to prove its case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

• Gather evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consider hiring a DUI attorney: A DUI attorney familiar with Adams County procedures can help you prepare for the hearing, present evidence, and cross-examine witnesses.
• Understand what you can challenge: You can challenge various aspects of the DUI arrest, including whether the officer had reasonable suspicion to stop you, whether the chemical test was properly administered, and whether your BAC was accurately measured.

Possible Outcomes

• Suspension upheld: If the DMV finds sufficient evidence, your license suspension will be upheld.
• Suspension overturned: If the DMV finds insufficient evidence, the suspension will be overturned, and your driving privileges will be reinstated.
• Restricted/hardship license granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive under limited circumstances (e.g., to work or school).

Hardship/Restricted License in Colorado may offer a restricted license, sometimes called a "red license" to allow driving for work, education or treatment purposes. It is important to note that missing the 7-day or 10-day deadline to request a hearing results in automatic license revocation without the possibility of a probationary license (Red License) for at least 30 days.

• Eligibility requirements: Eligibility often depends on the specific circumstances of your case, including whether it's a first offense, your driving record, and the reason for the suspension.
• What you can drive for: Restricted licenses typically allow driving for essential purposes like work, school, medical appointments, and substance abuse treatment.
• Costs and application process: There are fees associated with obtaining a restricted license, and you will need to complete an application process with the Colorado DMV.
• IID requirement: Depending on the circumstances, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

Reinstating your driver's license after a DUI suspension involves several steps and requirements.

After Criminal Case Concludes

• Reinstatement requirements: You will need to fulfill all requirements imposed by the DMV and the court, which may include completing a substance abuse evaluation and treatment program, paying reinstatement fees, and providing proof of insurance.
• Fees: Reinstatement fees vary depending on the length of the suspension and other factors.
• SR-22 insurance requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/programs that must be completed: The court or DMV may require you to complete DUI education classes or a substance abuse treatment program as a condition of reinstatement.

Adams County DMV Offices

The closest DMV Hearings Division office is located at:

• DMV Hearings Division: 1881 Pierce St, Lakewood, CO 80214. Phone: (303) 205-5606.

Special Programs

• Ignition interlock device program: Colorado requires the installation of an ignition interlock device (IID) for repeat DUI offenders and those with high BAC levels.
• Financial Assistance for Ignition Interlock: The Colorado DMV has information on financial assistance for IIDs.
• Occupational license: Colorado does not offer a specific "occupational license" but a restricted license may enable you to drive to and from work.

Frequently Asked Questions

Q: Where do I go to request an ALR hearing in Adams County? A: You must contact the Colorado DMV Hearings Division at (303) 205-5606 to request your hearing.

Q: What happens if I was arrested for DUI in Adams County, but I live in another state? A: The ALR hearing process still applies, and your driving privileges in Colorado can be suspended, which will likely affect your driving privileges in your home state as well.

Q: If I refused a blood test in Adams County, will my license be suspended for a longer period than if I took the test and failed? A: Yes, refusal to submit to a blood or breath test carries a longer suspension period under Colorado's implied consent laws.

Sources

• Adams County Detention Facility
• DMV Hearings Division
• Express Consent Cases Procedures - Colorado Department of Revenue
• Ignition Interlock Program | Department of Revenue - Motor Vehicle - Colorado DMV
• Financial Assistance for Ignition Interlock | Department of Revenue - Colorado DMV