Arapahoe County Express Consent Hearing Guide

Act Fast: You Have Only 15 Days to Request an ALR Hearing in Arapahoe County

If you've been arrested for DUI in Arapahoe County, Colorado, it's absolutely critical to understand that you have only 15 calendar days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This isn't 10 days, and it's not 15 business days – it's 15 calendar days. Miss this deadline, and your driver's license will automatically be suspended, with no opportunity to challenge the suspension in a hearing. Don't delay! This 15-day deadline is crucial.

How to Request Your ALR Hearing

Due to current circumstances, the Colorado Department of Motor Vehicles (DMV) in Arapahoe County is accepting ALR hearing requests in writing. You can submit your request using one of the following methods:

• By Mail: Mail your written request to the relevant DMV office. (Because specific addresses for ALR requests aren't consistently published, we recommend contacting a qualified DUI attorney or the DMV directly to obtain the correct mailing address for Arapahoe County. Ensure your request is postmarked within 15 days of your arrest.)

• By Fax: Fax your written request. (As with the mailing address, verify the current fax number with a qualified DUI attorney or the DMV to ensure your request is received promptly. This number changes, so use caution. Be sure to keep a copy of the fax confirmation receipt.)

• By Email: Email your written request. (Again, as with above methods, verify the correct email address.)

To avoid any delays in processing your request, make sure to include the following information:

• Your full name
• Your date of birth
• Your driver's license number
• The date of your arrest
• The arresting agency
• A clear statement that you are requesting an ALR hearing

Remember, time is of the essence. The 15-day deadline is a hard deadline.

What Happens After You Request Your Hearing?

Here's a general timeline of what to expect after you submit your ALR hearing request:

1. Request Filed: Your request is received by the Colorado DMV.
2. Hearing Scheduled: A hearing is scheduled, typically within 2-4 weeks of your request being filed. You will receive notification of the date, time, and location of the hearing.
3. The Hearing: The ALR hearing takes place.
4. Decision: A decision is made regarding the suspension of your driver's license.

What to Expect at the ALR Hearing

An ALR hearing is an administrative proceeding, not a criminal trial. Here's what you can expect:

• Who's Present: You will be present. You have the right to be represented by an attorney. An ALR hearing officer (judge) will preside over the hearing. The arresting officer may or may not be present.
• What's Discussed: The hearing will focus on whether there was probable cause for the traffic stop, whether you were properly informed of your rights under implied consent laws, and whether your blood alcohol content (BAC) was at or above the legal limit. The hearing officer will review evidence presented by both sides.
• How Long It Typically Takes: ALR hearings typically last from 30 minutes to an hour, depending on the complexity of the case.
• Possible Outcomes: The hearing officer can either uphold the suspension of your driver's license or overturn it.

Should You Hire an Attorney for Your ALR Hearing?

While you are not required to have an attorney represent you at an ALR hearing, there are definite advantages to doing so.

Pros:

• An attorney can help you understand the legal issues involved in your case.
• An attorney can represent you at the hearing and present evidence on your behalf.
• An attorney can cross-examine the arresting officer and challenge the evidence against you.
• An attorney can ensure that your rights are protected throughout the process.

Cons:

• Hiring an attorney can be expensive.

Ultimately, the decision of whether or not to hire an attorney is a personal one. However, given the complexities of ALR hearings and the potential consequences of losing your driving privileges, it is generally advisable to seek legal representation. Remember, the 15-day deadline also applies to consulting with an attorney, so act quickly.

If You Lose Your ALR Hearing

If the hearing officer upholds the suspension of your driver's license, the length of the suspension will depend on the circumstances of your case. The 15-day deadline doesn't go away! You must request the hearing within this timeframe.

• First Offense DUI: Typically, a 9-month license suspension.
• Excessive BAC (0.15 or higher) or Refusal to Take a Test: One-year license suspension.
• Multiple DUIs: Longer suspension periods, possibly including revocation.

Occupational License (Restricted License):

Even if your license is suspended, you may be eligible for an occupational license, which allows you to drive for essential purposes, such as work, school, or medical appointments. The requirements for obtaining an occupational license vary, but typically involve demonstrating a need for driving privileges and maintaining a clean driving record. You can apply for an occupational license through the Colorado DMV. The cost varies, so check the current fee schedule.

Colorado Department of Motor Vehicles Information

Because specific information on where to send ALR requests is not easily found, we recommend that you contact a qualified DUI attorney or the Colorado Department of Motor Vehicles (DMV) directly to obtain the most current information and any recent changes to their policies. This includes office locations and addresses, fax numbers and email addresses. This step is crucial to make sure that the ALR request is delivered to the proper channels within the 15-day deadline.

Act now to protect your driving privileges! Don't let the 15-day deadline pass you by.