Conejos County License Hearing Guide

Conejos County DUI License Suspension & ALR Hearing

After a DUI arrest in Conejos County, Colorado, you face two separate legal battles: a criminal case in court, and an administrative case with the Colorado Department of Motor Vehicles (DMV) concerning your driver's license. This guide focuses on the administrative process, specifically the potential suspension of your license and the steps you can take to challenge it. It is crucial to understand that the DMV case is independent of the criminal DUI case; your license can be suspended even if the criminal charges are dropped or reduced.

CRITICAL DEADLINE: Request a Hearing Within 10 Days

If you are arrested for DUI in Conejos County, you have a very limited time to protect your driving privileges. You must request an Administrative License Revocation (ALR) hearing within 10 days of your arrest. This deadline is strictly enforced.

• Where to Request: You must request the hearing from the Colorado DMV/Department of Revenue, Hearings Division.
• How to Request: The safest and recommended method is to use the online portal accessible through the Colorado DMV. You can also physically deliver the request to the Alamosa Driver License Office at 702 Del Sol Drive, Alamosa, CO 81101.
• What Happens If You Miss the Deadline: If you fail to request a hearing within the 10-day window, your driver's license will be automatically suspended. There are very few exceptions to this rule. Do not rely on mailing the request. Due to potential mail delays in rural Conejos County, it may not arrive in time, leading to an automatic suspension.

Automatic License Suspension

Even if you request a hearing, your license will still be subject to an automatic suspension depending on the circumstances of your arrest.

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 length of the suspension varies depending on prior offenses.
• Temporary Permit Valid Until Hearing or Suspension Begins: Upon arrest, you should have received a temporary driving permit. This permit allows you to drive until the date of your ALR hearing, or until the suspension officially begins if you do not request a hearing or if the suspension is upheld at the hearing.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty than failing the test. If you refused testing, your license will be suspended for a longer period.
• Implied Consent Law in Colorado: Colorado's implied consent law means that by driving on Colorado roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to do so results in administrative penalties.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding, distinct from your criminal court case. It is conducted by the Colorado DMV and its sole purpose 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 and determine whether the arresting officer had probable cause to believe you were driving under the influence and whether your BAC was over the legal limit or if you refused testing.
• Lower Burden of Proof Than Criminal Trial: The standard of proof at an ALR hearing is lower than in a criminal trial. The DMV only needs to show by a preponderance of the evidence (more likely than not) that the suspension is warranted.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, video footage, or documentation that challenges the accuracy of the breath or blood test.
• Consider Hiring a DUI Attorney: A DUI attorney can help you navigate the complex legal issues involved in the ALR hearing process, gather evidence, and present a strong defense.
• Understand What You Can Challenge: You can challenge various aspects of the arrest and testing process, including the officer's probable cause, the validity of the breath or blood test results, and whether you were properly advised of your rights.

Possible Outcomes

• 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 is insufficient to support the suspension, your license will be reinstated.
• 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 limited purposes such as work, school, or medical appointments.

Hardship/Restricted License in Colorado

• Eligibility Requirements: Eligibility for a restricted license depends on the specific circumstances of your case and the length of your suspension.
• What You Can Drive For: A restricted license typically allows you to drive only for essential purposes such as work, school, medical appointments, and substance abuse treatment.
• Costs and Application Process: There are fees associated with applying for a restricted license, and the application process involves submitting documentation to the DMV.
• IID Requirement: In many cases, obtaining a restricted license requires the installation of an Ignition Interlock Device (IID) in your vehicle. Given the lack of IID providers in Conejos County, you will need to travel to Alamosa for installation and calibration.

Getting Your License Back

After Criminal Case Concludes

The outcome of your criminal DUI case will also impact your driving privileges.

• Reinstatement Requirements: After your suspension period has ended and your criminal case is resolved, you will need to meet certain requirements to reinstate your license, including paying reinstatement fees and providing proof of SR-22 insurance.
• Fees: Reinstatement fees vary.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the DMV for high-risk drivers, including those convicted of DUI.
• Classes/Programs That Must Be Completed: You may be required to complete DUI education classes or therapy programs as part of your criminal sentence or as a condition of license reinstatement.

Conejos County DMV Offices

There is no DMV office in Conejos County. You must travel to the Alamosa Driver License Office for all driver's license-related services.

• Alamosa Driver License Office: 702 Del Sol Drive, Alamosa, CO 81101. Phone: (303) 205-5600 (Statewide Central Line). Hours: Monday – Friday, 8:00 AM – 5:00 PM. Closed 12:00 PM – 1:00 PM daily. Note the lunch closure and plan accordingly.

Special Programs

• Ignition Interlock Device Program: Colorado requires the use of IIDs for repeat DUI offenders and those with high BAC levels. As a reminder, you must travel to Alamosa for IID installation and maintenance. Backroads LLC, located at 1825 State Ave, Suite 15, Alamosa, CO 81101 is a local installer.
• Payment & Collections Displacement: While the court clerk is in Antonito, the Collections Office (for setting up payment plans on fines) is centralized in Alamosa at the Justice Center (8955 Independence Way).

Frequently Asked Questions

Q: How long do I have to request an ALR hearing in Conejos County? A: You have only 10 days from the date of your arrest to request an ALR hearing. Missing this deadline will result in an automatic license suspension.

Q: Where do I go to reinstate my license after a DUI suspension in Conejos County? A: There is no DMV office in Conejos County. You must go to the Alamosa Driver License Office at 702 Del Sol Drive, Alamosa, CO 81101. Be aware of the office's 12:00 PM - 1:00 PM lunch closure.

Q: If I am required to install an Ignition Interlock Device (IID), where can I get it done in Conejos County? A: There are no IID installation centers in Conejos County. You will need to travel to Alamosa, CO. Backroads LLC, located at 1825 State Ave, Suite 15, Alamosa, CO 81101 is a local installer.