Clear Creek County License Hearing Guide

Clear Creek County DUI License Suspension & ALR Hearing

After a DUI arrest in Clear Creek County, you face two separate legal battles: a criminal case in court and an administrative case with the Colorado Department of Revenue (DMV) regarding your driver's license. This guide focuses on the administrative process, specifically the potential suspension of your license and how to fight it through an Administrative License Revocation (ALR) hearing. Understanding this process and acting quickly is crucial to preserving your driving privileges.

CRITICAL DEADLINE: Request a Hearing Within 7 Days

Following a DUI arrest in Clear Creek County, you have a very limited time to request an ALR hearing. You must request this hearing within 7 calendar days of your arrest if you took a breath test or refused testing, or within 7 days of receiving the "Notice of Revocation" if a blood test was administered. This is arguably the most critical step in protecting your driving privileges. The DMV emphasizes this deadline on The DUI Administrative Process.

You can request a hearing through the following methods:

• Online: The fastest and most recommended method is through the Colorado DMV website (mydmv.colorado.gov).
• In-Person: At a full-service Driver License Office (requires an appointment). Since Clear Creek County does not have a full-service DMV, you will need to travel to a neighboring county.
• Fax: 303-205-5928.

**What happens if you miss the deadline?*If you fail to request a hearing within the 7-day window, your license will be automatically revoked on the 8th day. There is no appeal if you miss this deadline. As the research indicates, "Beating the 7-Day Clock" is the single most urgent action item after a DUI arrest.

Automatic License Suspension

Even if you request a hearing, your license may still be subject to automatic suspension, depending 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 length of the suspension varies depending on prior offenses and other factors. You may receive a temporary permit, valid until your ALR hearing or the start of your suspension.

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 take a breath or blood test carries more severe penalties than failing the test. Refusal typically results in a longer license suspension than a failed test.

The ALR/Administrative Hearing

The ALR hearing is a crucial opportunity to challenge the suspension of your driver's license.

What It Is

The ALR hearing is an administrative proceeding, completely separate from your criminal court case. The sole purpose is to determine whether the DMV is justified in suspending your license. The burden of proof is lower than in a criminal trial, meaning the DMV only needs to show it is more likely than not that you were driving under the influence.

How to Prepare

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

• Gather evidence: Collect any evidence that supports your case, such as witness statements or video footage.
• Consider hiring a DUI attorney: A DUI attorney can help you navigate the complex legal procedures and present the strongest possible defense.
• Understand what you can challenge: You can challenge various aspects of the arrest, including whether the officer had reasonable suspicion to stop you and whether the chemical test was administered correctly.

Possible Outcomes

The ALR hearing can have several outcomes:

• Suspension upheld: The DMV finds sufficient evidence to justify the suspension.
• Suspension overturned: The DMV fails to prove its case, and your license is not suspended.
• Restricted/hardship license granted: In some cases, you may be eligible for a restricted license, allowing you to drive under specific circumstances.

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

• Eligibility requirements: Requirements vary depending on the reason for the suspension and prior offenses.
• What you can drive for: Typically, a restricted license allows driving for work, school, medical appointments, and substance abuse treatment.
• Costs and application process: There are fees associated with applying for a restricted license. The application process involves submitting documentation to the DMV.
• IID requirement: For certain offenses, an Ignition Interlock Device (IID) may be required 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

Even if you win your ALR hearing, you may still face a license suspension if you are convicted of DUI in criminal court.

• Reinstatement requirements: These may include paying reinstatement fees, completing a Level II alcohol education and therapy program, and installing an IID on your vehicle.
• Fees: The DMV charges a $95 reinstatement fee.
• SR-22 insurance requirement: You may be required to obtain SR-22 insurance, which demonstrates financial responsibility.
• Classes/programs that must be completed: Colorado requires completion of a Level II alcohol education and therapy program.

Clear Creek County DMV Offices

Clear Creek County does not have a full-service State Driver License Office for reinstatement hearings or processing. The County Clerk & Recorder in Georgetown handles vehicle registration but cannot process driver license reinstatement or hearings.

Nearest Full-Service DMV Offices:

The closest full-service DMV offices are located in neighboring counties.

Special Programs

• Ignition interlock device program: Colorado requires IIDs for many DUI offenders. Due to the lack of local services, Clear Creek County residents must travel to neighboring counties for installation and calibration. Approved vendors can be found on the Colorado DMV website.
• Level II Alcohol Education and Therapy: Completion of a Level II alcohol education and therapy program is often required for license reinstatement. Request permission from probation/court to complete Level II education online to solve the transportation gap created by license revocation.

Navigating a DUI license suspension in Clear Creek County can be challenging due to the county's limited resources. Acting quickly, understanding your rights, and seeking legal assistance when necessary are crucial steps in protecting your driving privileges.

Frequently Asked Questions

1. Where will my car be towed after a DUI arrest in Clear Creek County? Your car might be towed to Allied (Idaho Springs), Bragg (Georgetown), or Clear Creek Towing. Call dispatch to confirm the location of your vehicle.
2. What happens if I miss the 7-day deadline to request an ALR hearing in Clear Creek County? Your license will be automatically suspended, and you will lose your right to challenge the suspension administratively.
3. Where can I get an ignition interlock device installed if I live in Clear Creek County? You will need to travel to a neighboring county, such as Jefferson County, to find an approved IID installation center. Consider Intoxalock in Evergreen, CO.