Bent County License Hearing Guide

Bent County DUI License Suspension & ALR Hearing

After a DUI arrest in Bent County, Colorado, you face two separate legal battles: a criminal case in court and an administrative license revocation (ALR) process handled by the Colorado Department of Revenue (DOR). This guide focuses on the ALR process, which determines whether your driving privileges will be suspended. It's crucial to understand that the ALR process is entirely independent of the criminal DUI case. Even if your criminal charges are dismissed, you could still lose your license through the administrative process. Understanding the deadlines and procedures can significantly impact your ability to drive legally in Colorado.

CRITICAL DEADLINE: Request a Hearing Within 7 Days

Following a DUI arrest in Bent County, you have a very limited time to act to protect your driving privileges. You must request an Express Consent Hearing with the Colorado Department of Revenue within 7 days from the date you received the Notice of Revocation (often the yellow temporary permit given to you by the arresting officer). This is known as the "7-Day Rule."

**Where to Request:*Because there is no full-service Driver License Office within Bent County, you cannot simply walk into a local office to request a hearing. Residents must travel to neighboring counties for all significant DMV interactions.

• Mail: You can mail your written request to the Hearings Division of the Department of Revenue. Due to slower mail times in rural areas, mailing your request is risky.
• In Person: The nearest DMV office is in La Junta (Otero County Courthouse, 13 W. 3rd St, La Junta, CO 81050).
• Online: Check the Colorado Department of Revenue website for information about submitting a hearing request online, if available.

**How to Request:*The request must be in writing. Include the following information:

• Your full name
• Your date of birth
• Your driver's license number
• Your current address
• A statement that you request a hearing to contest the revocation of your driver's license.
• Your signature
• A phone number where you can be reached.

**What Happens If You Miss the Deadline:*If you fail to request a hearing within the 7-day deadline, your driver's license will be automatically suspended. There are very few exceptions to this rule, so it is critical that you act quickly.

Automatic License Suspension

The Colorado Department of Revenue will automatically suspend your license under certain circumstances related to a DUI arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, your license will be suspended. The length of the suspension varies depending on prior offenses and other factors. Your temporary permit is valid until your hearing date or until the suspension begins.

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. If you refuse to take a breath or blood test, your license will be suspended for a longer period than if you had taken and failed the test. Refusal penalties are severe and can significantly impact your driving privileges.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding, separate from any criminal charges you may be facing. The purpose of the hearing is to determine whether the Department of Revenue has sufficient evidence to suspend your driver's license.

The burden of proof in an ALR hearing is lower than in a criminal trial. The DOR only needs to prove by a preponderance of the evidence (more likely than not) that:

• You were driving a vehicle.
• You were lawfully arrested for DUI.
• You had a BAC of 0.08 or higher, or you refused to submit to testing.

How to Prepare

Preparing for your ALR hearing is crucial. Consider the following:

• Gather Evidence: Collect any evidence that supports your case. This may include witness statements, videos, photos, or expert testimony.
• Consider Hiring a DUI Attorney: A DUI attorney can help you understand the law, gather evidence, and represent you at the hearing.
• Understand What You Can Challenge: You can challenge the validity of the traffic stop, the accuracy of the BAC test, or whether you were properly advised of your rights.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DOR has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DOR has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted or hardship license, allowing you to drive for essential purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Colorado allows for restricted licenses under certain circumstances. To obtain a "Red License" for essential driving, the driver must provide:

• SR-22 Insurance: Proof of future financial responsibility.
• Ignition Interlock Lease Agreement: Proof of installation.
• Alcohol Education Enrollment: Level II Education certificate.

Many drivers face a Catch-22: To get the license, you need the Interlock installed. To get the Interlock installed, you need to get the car to the shop in La Junta. To get the car to the shop, you need to drive. Since the driver is suspended, they cannot legally drive the car to the appointment. This forces many into a dilemma: risk driving illegally to the appointment or pay for a tow to La Junta to get the device installed.

Getting Your License Back

After Criminal Case Concludes

Reinstating your license after a DUI suspension involves several steps:

• Serve the Suspension Period: You must complete the entire suspension period.
• Pay Reinstatement Fees: You will need to pay a reinstatement fee to the Colorado DMV.
• SR-22 Insurance: You may be required to obtain SR-22 insurance, demonstrating proof of financial responsibility.
• Complete Required Programs: You may need to complete alcohol education or therapy programs.

Bent County DMV Offices

Because there is no full-service Driver License Office within Bent County, residents must travel to neighboring counties for all significant DMV interactions.

• La Junta (Otero County): Otero County Courthouse, 13 W. 3rd St, La Junta, CO 81050.

• Lamar (Prowers County): Village Center, Unit 10, 5th and Lee, Lamar, CO 81052.

Special Programs

• Ignition Interlock Device Program: If your license is suspended for DUI, you will likely be required to install an ignition interlock device (IID) on your vehicle.
• Bent County Transit: For the many residents who lose their licenses, Bent County Transit is the single most critical logistical asset. The fixed route connects Fort Lyon -> Las Animas -> La Junta -> Lamar.

Frequently Asked Questions

**1. Where do I go for my Express Consent Hearing if I live in Bent County?*The hearings themselves are conducted by the Hearings Division of the Department of Revenue. They are almost exclusively remote (telephone or video), managed centrally from Denver/Lakewood. You do not go to the local courthouse for this; you will dial in from home.

**2. What happens if I miss my interlock calibration appointment because of bad weather on Highway 50?*Interlock devices require data downloads/calibration every 30-60 days. If you miss your calibration window, the device enters a permanent lockout. The vehicle will not start. Because there is no local shop, you must tow the vehicle 20 miles to La Junta at your own expense to have it unlocked. You should always schedule calibration appointments 3-5 days before the actual deadline to create a buffer for weather events or mechanical failures.

**3. How can I get to the DMV in La Junta if my license is suspended?*For many residents who lose their licenses, Bent County Transit is a critical asset. The fixed route connects Fort Lyon, Las Animas, La Junta, and Lamar. The Otero County Courthouse (La Junta) is a vital stop for court and DMV access.