Cheyenne County License Hearing Guide

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Your License After a DUI Arrest

An administrative license revocation is completely separate from your criminal court case. When arrested for driving under the influence, you face two independent legal tracks. The criminal charge is prosecuted in the 15th Judicial District Combined Court, while the administrative action against your driving privilege is handled by the Colorado Department of Revenue (DOR) Division of Motor Vehicles (DMV).

You can be found "not guilty" in the criminal court and still lose your driver's license through the DMV. The administrative track focuses solely on safety regulations and compliance, operating under a much lower standard of proof than a criminal trial.

CRITICAL DEADLINE: Request Hearing Within 7 Days

Colorado's Express Consent law dictates that your window to protect your driving privileges begins the moment the arresting officer hands you the yellow "Notice of Revocation."

You have exactly seven days—including weekends—from the date on that notice to request an administrative hearing. If you do not act, your license is suspended automatically on the eighth day.

The request must be submitted in writing. The most reliable method for local residents is completing the form through the online portal at Colorado Department of Revenue MyDMV. If you miss this seven-day deadline, you forfeit your right to challenge the suspension, and the revocation goes into effect immediately.

Automatic License Suspension

The duration and terms of your administrative suspension depend on whether you submitted to chemical testing or refused.

If You Took the Breath/Blood Test and Failed

Under C.R.S. § 42-2-126, a blood alcohol concentration (BAC) of 0.08 or greater triggers an automatic administrative suspension.

• First Offense: A nine-month license revocation.
• Temporary Permit: The yellow Notice of Revocation serves as a temporary permit, allowing you to drive legally for seven days from the arrest date. If you request a hearing within those seven days, this temporary driving privilege is extended until the scheduled hearing date.

If You Refused Testing

Colorado's implied consent law, C.R.S. § 42-4-1301.1, mandates that any person operating a motor vehicle in the state has consented to chemical testing if an officer has probable cause to suspect impairment.

• First Refusal: A mandatory one-year license revocation.
• No Early Reinstatement: Unlike a test failure, a refusal makes you ineligible for an early restricted license with an ignition interlock device for the first two months of the suspension period.

The ALR/Administrative Hearing

What It Is

The Express Consent hearing is a formal administrative proceeding. A state hearing officer based in Denver conducts the session telephonically. The sole purpose is to determine if the legal requirements for revocation were met. The hearing officer reviews whether the law enforcement officer had probable cause to contact you, whether you were properly advised of the Express Consent law, and whether the chemical test was administered correctly or refused.

How to Prepare

Possible Outcomes

• Suspension Upheld: The administrative revocation takes effect immediately.
• Suspension Overturned: The DMV rescinds the revocation, and your driving privileges are restored, provided you do not have other active suspensions.
• Restricted License Granted: You may be permitted to drive early if you comply with the state's ignition interlock requirements.

Hardship/Restricted License in Colorado

First-time offenders who failed a chemical test may apply for early reinstatement with an Ignition Interlock Device (IID) after serving one month of the suspension. If your BAC was 0.15 or higher, or if you refused the test, the IID is mandatory for a minimum of two years.

The physical logistics of this program present a hurdle for local residents. There are zero authorized IID installation or servicing centers located within the town of Cheyenne Wells. To comply with the program, you must transport your vehicle to a neighboring municipality.

The closest options are:

• Burlington (40 miles north): An authorized service center is located at 595 14th St, Burlington, CO 80807. Phone: (303) 357-4915.
• Lamar (55 miles south): An authorized service center operates at 6002 US-50 Scenic, Lamar, CO 81052.

Because a suspended driver cannot legally drive to these locations, you must arrange for a licensed driver to transport the vehicle or pay for a tow.

Getting Your License Back

Once your suspension period ends, or when you become eligible for early restricted driving, you must complete the formal reinstatement process. The DMV does not restore your privileges automatically.

To reinstate, you must:

• Submit an Application for Reinstatement (Form DR 2870) to the DMV.
• Pay the state-mandated reinstatement fee.
• File an SR-22 financial responsibility insurance certificate and maintain it for up to three years.
• Complete Level II Alcohol Education and Therapy.

The sole certified local provider for these mandated classes is Centennial Mental Health Center, located at 80 E 1st St, Suite 2, Cheyenne Wells, CO 80810. Phone: (719) 346-8183. They are licensed to provide both Level I and Level II education and therapy.

Local DMV Offices

The state utilizes a decentralized model where the County Clerk & Recorder acts as the agent for basic driver services.

• Local Driver Services Office: 51 S. 1st St. (inside the Courthouse), Cheyenne Wells, CO 80810.
• Hours: Monday through Friday, 8:00 AM to 4:00 PM.

This local office only handles basic renewals and license issuance. It does not conduct Express Consent hearings or process complex reinstatement applications. Those transactions must be completed online or mailed to the centralized DMV office in Denver.

Special Programs

Ignition Interlock Program

This program allows drivers to regain restricted driving privileges early by installing an approved breath-testing device in their vehicle. You must submit proof of installation, an SR-22 insurance form, and the reinstatement application to the DMV to obtain this restricted license.

Adult Diversion Program

The 15th Judicial District offers an Adult Diversion Program. If accepted, you enter a contract to complete specific conditions, such as community service and therapy, in exchange for the dismissal of criminal charges. Contact Tammy Williams at the 15th Judicial District Diversion Office, 110 E Oak St, Lamar, CO 81052. Phone: (719) 336-7446. This program only applies to the criminal court case and does not stop or alter the administrative DMV suspension.

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