Conejos County License Hearing Guide

Conejos County DUI License Suspension & ALR Hearing: Act Fast to Protect Your Driving Privileges

A DUI arrest in Conejos County, Colorado can be a frightening and confusing experience. Besides the criminal charges you'll face, your driver's license is also immediately at risk. The Colorado Department of Revenue, Division of Motor Vehicles (DMV) can suspend your license independently of the criminal court process. This is an administrative action, meaning it's a separate legal battle you must fight to maintain your driving privileges. Understanding the process and acting quickly is crucial. This guide provides immediate, practical information to help you navigate the license suspension process after a DUI arrest in Conejos County.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

Following a DUI arrest in Conejos County, you have a very limited time to request an Administrative License Revocation (ALR) hearing. You MUST request this hearing within 15 days from the date of your arrest. This is not 15 business days; it's 15 calendar days. Missing this deadline will result in an automatic suspension of your driver's license.

Where to Request: The hearing is requested through the Colorado Department of Revenue, Division of Motor Vehicles (DMV).

How to Request: You can request the hearing online or by mail.

• Online: Visit the Colorado DMV website (search "Colorado DMV ALR Hearing Request"). The website will guide you through the online request process.
• By Mail: Send a written request to the address provided on the paperwork you received from the arresting officer. Ensure the request includes your full name, date of birth, driver's license number, and a clear statement requesting an ALR hearing regarding your DUI arrest. Certified mail with return receipt requested is highly recommended to prove you submitted the request on time.

What Happens If You Miss the Deadline: Missing the 15-day deadline means your license will be automatically suspended. There are very few exceptions to this rule, so it’s imperative you act quickly. Don't delay!

Automatic License Suspension

Whether or not your license is automatically suspended depends on the circumstances of your arrest, specifically whether you took a breath or blood test and the results of that test, or if you refused to take a test.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol content (BAC) was 0.08 or higher, your license will be suspended. The suspension period for a first offense is typically ****.
• Temporary Permit: The officer likely issued you a temporary permit, which allows you to drive until the hearing date or the date the suspension begins if you don't request a hearing or if the suspension is upheld at the hearing. This temporary permit is usually valid for a limited time, often 7 days.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty than failing a test. In Colorado, refusing a test will result in a longer suspension period, generally ****.
• Implied Consent Law in Colorado: Colorado, like most states, operates under an implied consent law. 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 result in administrative penalties, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a critical step in protecting your driving privileges. It is separate and distinct from your criminal DUI case.

What It Is

• Separate from Criminal Court: The ALR hearing is an administrative process conducted by the Colorado DMV, not a criminal court. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal DUI case.
• Decides if License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the DMV has sufficient evidence to suspend your license based on your DUI arrest.
• Lower Burden of Proof Than Criminal Trial: The DMV only needs to prove by a preponderance of the evidence (meaning more likely than not) that you were driving under the influence. This is a lower standard than the "beyond a reasonable doubt" standard required for a criminal conviction.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This may include witness statements, video footage (if available), documentation of any medical conditions that might have affected the test results, or any other information that challenges the basis for the suspension.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Colorado ALR hearings can be invaluable. They understand the legal procedures, know how to effectively present evidence, and can advocate on your behalf. They can also subpoena witnesses and cross-examine the arresting officer.
• Understand What You Can Challenge: You can challenge the following at the ALR hearing:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly advised of your rights regarding chemical testing.
• Whether the chemical test was administered correctly and the results are accurate.
• Whether you actually refused the chemical test (if applicable).

Possible Outcomes

The ALR hearing can have one of several outcomes:

• Suspension Upheld: The hearing officer finds sufficient evidence to support the suspension, and your license will be suspended.
• Suspension Overturned: The hearing officer finds that the DMV did not meet its burden of proof, and your license will not be suspended.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for specific purposes (e.g., work, school, medical appointments).

Hardship/Restricted License in Colorado

Even if your license is suspended, you may be eligible for a hardship or restricted license, also known as a probationary license, which allows you to drive under specific conditions.

• Eligibility Requirements: Eligibility requirements for a restricted license vary depending on the circumstances of your DUI arrest and any prior DUI offenses. Generally, you must demonstrate a need to drive for essential purposes, such as work, school, or medical appointments.
• What You Can Drive For: A restricted license typically specifies the permitted driving purposes, such as travel to and from work, school, medical appointments, and alcohol education classes.
• Costs and Application Process: The application process for a restricted license involves submitting an application to the Colorado DMV and paying a fee.
• IID Requirement: Colorado often requires the installation of an Ignition Interlock Device (IID) as a condition of obtaining a restricted license, particularly for repeat offenders or those with high BAC levels.

Getting Your License Back

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: After the suspension period is over and the criminal case has concluded, you will need to meet specific reinstatement requirements. These requirements may include:
• Paying a reinstatement fee to the Colorado DMV.
• Providing proof of SR-22 insurance (high-risk auto insurance).
• Completing any required alcohol education or treatment programs.
• Passing the driver's license exam (written and/or driving).
• Fees: Be prepared to pay reinstatement fees to the DMV.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state for high-risk drivers. You will likely need to maintain SR-22 insurance for a period of time after your DUI.
• Classes/Programs That Must Be Completed: Completion of court-ordered or DMV-required alcohol education or treatment programs is typically mandatory for license reinstatement.

Conejos County DMV Offices

[Important: This section needs to be populated with actual Conejos County DMV/DPS office information. If there are no local offices, note the nearest locations in surrounding counties.]

Unfortunately, Conejos County itself does not have a dedicated DMV office. Residents typically utilize the DMV services available online or travel to neighboring counties for in-person assistance. Here are some potential options in nearby areas:

• [Research and list nearest DMV office addresses and hours in Alamosa, Rio Grande, or other surrounding counties]

Always confirm hours of operation before visiting.

Special Programs

• Ignition Interlock Device Program: The Ignition Interlock Device (IID) program is a common requirement for DUI offenders in Colorado, especially those seeking a restricted license or reinstatement after a suspension. The IID is a breathalyzer device installed in your vehicle that prevents it from starting if alcohol is detected on your breath.
• Occupational License: In some cases, individuals may be eligible for an occupational license, which allows them to drive for work-related purposes even if their license is suspended. Eligibility requirements vary.
• [Research and list any Colorado-specific programs related to DUI or license reinstatement]

This guide provides a general overview of the DUI license suspension process in Conejos County, Colorado. It is essential to consult with a qualified DUI attorney for personalized legal advice regarding your specific situation. The information provided here is not a substitute for legal counsel. Act quickly to protect your driving privileges!