Costilla County License Hearing Guide

Costilla County DUI License Suspension & ALR Hearing

A DUI arrest in Costilla County triggers two separate legal processes: a criminal case in court and an administrative action against your driver's license. While the criminal case determines your guilt or innocence and any associated penalties, the administrative process, handled by the Colorado Department of Motor Vehicles (DMV), determines whether your driving privileges will be suspended. Understanding the administrative process and acting quickly is crucial to protecting your ability to drive. This guide provides essential information on navigating the license suspension process after a DUI arrest in Costilla County.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest, you have a very limited time to request an Administrative License Revocation (ALR) hearing. You must request this hearing within 15 days of your arrest. This deadline is strictly enforced.

• Where to Request: The hearing is requested through the Colorado DMV.
• How to Request: You can request the hearing by following the instructions provided on the Express Consent Affidavit and Notice of Revocation served to you at the time of your arrest.
• 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.

Automatic License Suspension

Colorado's Express Consent law, detailed at Colorado Express Consent Cases Procedures, dictates the terms of license suspension following a DUI arrest. The consequences depend on whether you submitted to chemical testing (breath or blood) and the results of that test, or if you refused testing altogether.

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 your prior driving record and other factors.
• Temporary Permit: The arresting officer should have issued you a temporary driving permit. This permit is valid until your ALR hearing or until the date the suspension begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty than failing the test. Refusal typically results in a longer suspension period.
• Implied Consent Law in Colorado: By driving on Colorado roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this law carries serious consequences.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal case. It is conducted by the Colorado DMV and focuses solely on whether your driver's license should be suspended.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly impact your criminal case, and vice versa. You can win your ALR hearing and still be convicted of DUI in criminal court.
• Decide if License Suspension is Warranted: The hearing officer will determine whether the arresting officer had probable cause to believe you were driving under the influence and whether your BAC was above the legal limit or you refused testing.
• Lower Burden of Proof Than Criminal Trial: The DMV only needs to prove their case by a "preponderance of the evidence," meaning it is more likely than not that you were driving under the influence. This is a lower standard than "beyond a reasonable doubt," which is 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, such as witness statements, dashcam footage, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney can help you understand your rights, gather evidence, and present a strong defense at the ALR hearing.
• Understand What You Can Challenge: You can challenge various aspects of the DUI stop and arrest, including the probable cause for the stop, the administration of the breath or blood test, and the validity of the testing equipment.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DMV has proven its case, your license will be suspended.
• Suspension Overturned: If the hearing officer finds that the DMV has not proven its case, 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 license, allowing you to drive for limited purposes, such as work or school.

Hardship/Restricted License in Colorado law allows for a restricted license, also known as a "red license," under certain circumstances. This allows you to drive even while your license is suspended. Defense counsel must prioritize securing provisional driving privileges (Red License) immediately to allow the client to comply with the out-of-county mandates required by the court and DMV.

• Eligibility Requirements: Eligibility for a restricted license depends on the specific circumstances of your case, including the reason for the suspension and your prior driving record.
• What You Can Drive For: A restricted license typically allows you to drive to and from work, school, medical appointments, and alcohol education or treatment programs.
• Costs and Application Process: There are fees associated with applying for a restricted license. The application process involves submitting documentation to the DMV and potentially attending a hearing.
• IID Requirement: In many cases, a restricted license requires the installation of an ignition interlock device (IID) in your vehicle.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You must fulfill all requirements of your criminal case, including paying fines, completing alcohol education or treatment, 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: You must complete any required alcohol education or treatment programs before your license can be reinstated.

Costilla County DMV Offices

Because Costilla County is smaller and more rural, driver's license services are limited. The County Clerk, whose office is located at 400 Gasper St, San Luis, handles vehicle registration. The phone number is (719) 672-3301 and their hours are Monday-Thursday 7:00 am to 5:30 pm. However, licensing services are not offered at this office. Costilla County Telephone Directory. The nearest full-service DMV office is likely located outside Costilla County.

Special Programs

• Ignition Interlock Device Program: Colorado requires the use of IIDs for many DUI offenders.
• Occupational License: In some cases, you may be eligible for an occupational license, which allows you to drive for work purposes even if you are not eligible for a full restricted license.

Frequently Asked Questions

Q: Where is the Costilla County Jail located, and what is their phone number for inquiries about arrested individuals? A: The Costilla County Jail is located at 103 Gasper Street, San Luis, CO 81152. You can contact them at (719) 672-0673.

Q: If my license is suspended, where can I get an ignition interlock device installed near Costilla County? A: While there may not be a direct location within Costilla County, it is likely that you will need to go to Alamosa or another nearby town to have the device installed.