Arapahoe County Express Consent Hearing Guide

Arapahoe County DUI License Suspension & ALR Hearing

A DUI arrest in Arapahoe County triggers two separate legal processes: a criminal case in court and an administrative case with the Colorado Department of Revenue (DOR) regarding your driver's license. This guide focuses on the administrative process and how to navigate the potential license suspension following a DUI arrest in Arapahoe County. It's crucial to understand that even if your criminal case is dismissed, the DOR can still suspend your license. This guide will provide the critical steps you need to take to protect your driving privileges.

CRITICAL DEADLINE: Request a Hearing Within 7 Days

Upon a DUI arrest in Arapahoe County, you face an immediate threat to your driving privileges. If you took a breath test or refused testing, the arresting officer issues a yellow "Express Consent Affidavit and Notice of Revocation." This document acts as a temporary 7-day driving permit. To challenge a license suspension, you must request a hearing with the DOR Hearings Division within 7 calendar days (including weekends and holidays) of your arrest. This deadline is statutory and unforgiving. Missing this deadline results in an automatic license revocation with no recourse, regardless of the strength of your defense case.

If a blood test was administered, the officer cannot immediately revoke your license because the toxicology results are pending. You retain your license initially. Once the results return (if above the legal limit), the DMV mails a Notice of Revocation. The 7-day (or sometimes 10-day, depending on the postmark date specified in the letter) clock starts from the date of that notice, not the arrest.

You cannot request the hearing in person at a local Arapahoe County courthouse or driver license office. The hearing request must be directed to the DOR Hearings Division through one of the following channels:

• Email (Preferred): dor_hearingrequest@state.co.us. This provides a digital timestamp, which is crucial for proving the request was made within the 7-day window.
• Fax: 303-205-5960
• Mail: Colorado Department of Revenue, Driver Control Section, PO Box 173350, Denver, CO 80217.

Automatic License Suspension

Even before your ALR hearing, your license can be automatically suspended based on the circumstances of your DUI arrest.

If You Took a Breath or Blood Test and Failed

If your blood alcohol content (BAC) was 0.08 or higher, your license will be suspended. The length of the suspension depends on several factors, including prior DUI convictions. For a first offense, expect a potential 9-month revocation. The Express Consent Affidavit acts as a temporary permit, valid for only 7 days from the date of issuance.

If You Refused Testing

Under Colorado's "implied consent" law, by driving on Colorado roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusing to submit to a breath or blood test carries a stiffer penalty than failing a test. A refusal results in a 1-year mandatory revocation. This is extremely difficult to overturn.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing, also known as an Administrative Hearing, is a separate proceeding from your criminal DUI case. It's conducted by the Colorado DOR to determine whether your driver's license should be suspended based on the DUI arrest.

What It Is

The ALR hearing is an administrative proceeding, not a criminal trial. This means the burden of proof is lower than in criminal court. The DOR only needs to show that it is more likely than not that you were driving under the influence. The hearing officer will determine if:

• You were lawfully arrested.
• There was probable cause to believe you were driving under the influence.
• Your BAC was 0.08 or higher, or you refused to submit to testing.

A dismissal or acquittal in your criminal case does not automatically reinstate your license if it has been suspended administratively.

How to Prepare

Preparing for your ALR hearing is crucial. You should:

• 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 experienced in Arapahoe County can help you prepare your case, present evidence effectively, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge the legality of the traffic stop, the accuracy of the breathalyzer test, or the validity of the blood draw. You can also argue that you were not driving under the influence.

Possible Outcomes

The hearing officer can make one of three decisions:

• Suspension Upheld: Your license suspension is upheld, and you will lose your driving privileges for the specified period.
• Suspension Overturned: Your license suspension is overturned, and your driving privileges are fully restored.
• Restricted/Hardship License Granted: You may be granted a restricted license, allowing you to drive under specific circumstances, such as to and from work or school.

Hardship/Restricted License in Colorado may offer a restricted license, also known as a hardship license, under certain circumstances.

• Eligibility Requirements: Requirements vary but often include enrollment in a DUI education or treatment program and installation of an Ignition Interlock Device (IID).
• What You Can Drive For: Typically, a restricted license allows you to drive to and from work, school, medical appointments, and court-ordered treatment.
• Costs and Application Process: Contact the DOR for specifics about application fees and required documentation.
• IID Requirement: Most restricted licenses require the installation of an IID in your vehicle.

Getting Your License Back

Reinstating your license after a DUI suspension in Arapahoe County involves several steps.

After Criminal Case Concludes

Whether or not you are convicted of DUI in criminal court, you must fulfill the administrative requirements imposed by the DOR to get your license back.

• Reinstatement Requirements: These typically include completing your suspension period, paying reinstatement fees (approximately $95), and providing proof of SR-22 insurance. You must physically go to the Centennial driver license office to pay the reinstatement fee and have your unrestricted license printed. Driving without the physical unrestricted card, even if eligible, can technically be cited as a violation.
• Fees: Reinstatement fees vary.
• SR-22 Insurance Requirement: You will likely need to obtain SR-22 insurance, which is a certificate of financial responsibility.
• Classes/Programs That Must Be Completed: Depending on your case, you may be required to complete DUI education or therapy.

Arapahoe County DMV Offices

While you cannot request a hearing in person, you may need to visit a local DMV office to reinstate your license. The physical Driver License Office for Arapahoe County is located in Centennial at:

• 5120 East Arapahoe Road

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned above, the IID program is a common requirement for license reinstatement after a DUI in Colorado. The state mandates the device, but the defendant must lease it from private companies. In Arapahoe County, the two dominant market players are Smart Start and Intoxalock. The choice between them often dictates the level of daily operational friction the driver will experience. Installation fees are ~$150.00 (variable by shop). Monthly lease is ~$60.00 - $80.00. Calibration fee is ~$25.00+ (Monthly/Bi-monthly).
• Sobriety Court: The 18th Judicial District operates a specialized "Sobriety Court" (often associated with Divisions 101/202) for high-risk, high-need offenders. This is a treatment-oriented diversion program that requires intense supervision, frequent reviews, and mandatory treatment in exchange for potential sentence mitigation.

Navigating the DUI process and license suspension in Arapahoe County can be complex and overwhelming. Understanding the deadlines, requirements, and potential consequences is essential to protecting your driving privileges and your future.

Frequently Asked Questions

1. How long do I have to request a DMV hearing after a DUI arrest in Arapahoe County? You have only 7 calendar days from the date of your arrest (or from the date of the Notice of Revocation if a blood test was taken) to request a hearing with the Colorado DMV.
2. Where do I send my request for a DMV hearing in Arapahoe County? You must send your request to the DOR Hearings Division via email (dor_hearingrequest@state.co.us), fax (303-205-5960), or mail (Colorado Department of Revenue, Driver Control Section, PO Box 173350, Denver, CO 80217).
3. If I am granted a restricted license in Arapahoe County, can I drive anywhere I want? No. A restricted license typically limits you to driving to and from work, school, court-ordered treatment, and medical appointments.

Sources

• Arapahoe County | Colorado Judicial Branch
• Hearings Division | Colorado Department of Revenue
• Driver License Office Locations | Department of Revenue - Motor Vehicle - Colorado DMV
• How COVID-19 affects Hearings | Department of Revenue - Motor Vehicle - Colorado DMV
• Arapahoe County Justice Center 202 | Colorado Judicial Branch
• [The Colorado – Arapahoe – Douglas County DUI – DWAI – DUID Multiple Offender Program (MOPS](https://www.colorado-criminal-dui-defense-lawyer.com/understanding-the-colorado-arapahoe-douglas-county-dui-dwai-duid-multiple-offender-program-mops-alternative-sentencing-options