Boulder County Express Consent Hearing Guide

Your License After a DUI Arrest in Boulder County

Being arrested for DUI in Boulder County can trigger two separate legal processes: a criminal case in the 20th Judicial District Courts and an administrative license revocation (ALR) case handled by the Colorado Department of Revenue (DMV). While the criminal case determines your guilt or innocence and potential penalties like fines or jail time, the ALR process focuses solely on your driving privileges. This guide explains the ALR process, how to request a hearing, and how to potentially save your license after a DUI arrest in Boulder County.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Boulder County, you have a very limited window to protect your driving privileges. You must request an ALR hearing within 15 days of your arrest. This deadline is strictly enforced.

• Where to Request: The hearing request must be submitted to the Colorado Department of Revenue, Hearings Division.

• How to Request: You can request a hearing through the Colorado Department of Revenue website, by phone, or by mail.

• What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your driver's license will be automatically suspended. There are very limited exceptions to this rule. The Colorado Department of Revenue treats this deadline seriously.

Automatic License Suspension

Even if you request a hearing, an immediate suspension may still occur based on the circumstances of your 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 suspension period varies depending on prior offenses.

• BAC over 0.08: Expect a license suspension.

The arresting officer should have provided you with a temporary driving permit. This permit is valid until your ALR hearing or until the date your suspension begins, whichever comes first.

If You Refused Testing

Refusing to submit to a breath or blood test carries even harsher penalties.

• Refusal Penalty: Refusal typically results in a longer suspension period than failing a test.

Colorado, like other states, operates under "implied consent" laws. This means that by driving on Colorado roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can be used against you in both the ALR hearing and the criminal case.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate proceeding from your criminal court case. It's conducted by an administrative hearing officer from the Colorado Department of Revenue, not a judge. The sole purpose of the hearing is to determine whether your driver's license should be suspended based on the circumstances of your DUI arrest.

• Separate From Criminal Court: The outcome of the ALR hearing does not directly impact your criminal case, and vice versa.
• Decide If License Suspension Is Warranted: The hearing officer will review evidence related to the arrest, including police reports and test results, to determine if the suspension is justified.
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The hearing officer only needs to find that it's more likely than not (a "preponderance of the evidence") that you were driving under the influence.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements or video footage.
• Consider Hiring a DUI Attorney: A DUI attorney experienced with ALR hearings can help you prepare your case, present evidence effectively, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including whether the officer had reasonable suspicion to stop you, whether you were properly advised of your rights, and the accuracy of the breath or blood test.

Possible Outcomes

The hearing officer will issue a written decision after the hearing.

• Suspension Upheld: If the hearing officer finds sufficient evidence to support the suspension, your license will be suspended for the applicable period.
• Suspension Overturned: If the hearing officer finds that the evidence does not support the suspension, your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive under certain conditions (e.g., for work or school).

Hardship/Restricted License in Colorado

Even if your license is suspended, you may be eligible for a restricted license in Colorado, allowing you to drive under specific circumstances.

• Eligibility Requirements: Eligibility requirements vary depending on the reason for the suspension and any prior offenses.
• What You Can Drive For: A restricted license typically allows you to drive to and from work, school, medical appointments, and alcohol or drug treatment programs.
• Costs and Application Process: The application process involves submitting a request to the Colorado DMV and paying a reinstatement fee.
• IID Requirement: 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 license after a DUI suspension involves several steps.

After Criminal Case Concludes

Your license reinstatement process cannot begin until your criminal case is resolved.

• Reinstatement Requirements: You must complete all requirements imposed by the court and the DMV, including paying fines, completing alcohol education classes, and serving any jail time.
• Fees: You will need to pay a reinstatement fee to the Colorado DMV.
• 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: Completion of a Level I or Level II alcohol education program is often required for reinstatement.

Boulder County DMV Offices

The Boulder DMV office is closed until further notice.

Contact the Colorado Department of Revenue for more information.

Special Programs

• Ignition Interlock Device Program: If you are required to install an IID, you must use an approved provider and comply with all program requirements. The costs for installation range from $70-$150. Monthly leases typically cost between $60-$90. Calibration is required every 30-60 days at a cost of roughly $20 per visit. Lockout fees are around $75 per incident. The device draws power from the car battery even when the car is off. This "parasitic load," combined with a cold-weakened battery, frequently results in a dead car.

• Diversion Programs: Boulder County may offer diversion programs for first-time DUI offenders, which may allow you to avoid a conviction and reduce the impact on your driving record.

Frequently Asked Questions

Q: How long will my license be suspended if I am convicted of DUI in Boulder County? A: The length of the suspension depends on the specifics of your case and your prior record.

Q: Can I drive to work if my license is suspended for DUI in Boulder County? A: You may be eligible for a restricted license that allows you to drive to and from work, but you must meet certain requirements.

Q: Where do I go to reinstate my driver's license after a DUI suspension in Boulder County given the local office closure? A: Contact the Colorado Department of Revenue for information.

Sources

• Boulder County - Dockets - Colorado Judicial Branch
• Express Consent Cases Procedures - Colorado Department of Revenue
• Hearings Division | Colorado Department of Revenue
• Ignition Interlock Device Cost and Pricing | Installation & Fees - Intoxalock