Crowley County License Hearing Guide

Crowley County DUI License Suspension & ALR Hearing

Being arrested for Driving Under the Influence (DUI) in Crowley County, Colorado, triggers two separate but intertwined legal processes: a criminal case in court and an administrative action against your driver's license. This guide focuses on the latter – the administrative process handled by the Colorado Department of Revenue, which can result in the suspension of your driving privileges. Understanding this process and acting quickly are crucial to preserving your ability to drive. Remember that the criminal case and the administrative license revocation (ALR) are independent; you can lose your license even if the criminal charges are dismissed.

CRITICAL DEADLINE: Request Hearing Within 7 Days

Following a DUI arrest in Crowley County, you have a very limited time to request an Administrative License Revocation (ALR) hearing to challenge a potential license suspension. You MUST request this hearing within SEVEN days from the date of your arrest if you took a breath test or refused testing, or within SEVEN days from the date of the Notice of Revocation letter if you took a blood test. Missing this deadline results in an automatic suspension of your driver's license.

Where to File: You cannot file this request at the Crowley County Clerk in Ordway. You must file directly with the state.

How to Request: You have several options for requesting the hearing:

• Online: The fastest and most reliable method is to use the Colorado DMV's online portal. This provides an instant receipt and timestamp, proving timely submission.
• In Person: At a State Driver License Office (La Junta Driver License Office, 13 W. 3rd St, La Junta).
• Email: To dor_hearingrequest@state.co.us.

Important Considerations: The "Mail Delay" Risk: Relying on USPS mail to send a hearing request from Ordway to Denver within a 7-day window is risky due to rural mail routing. ALWAYS use the online portal or email to generate an instant timestamp.

• The Blood Test Lag: If you took a blood test, the revocation does not start immediately. It starts when the results come back (often 4-8 weeks later). You will receive a letter. If you moved and didn't update your address, you will miss this letter and the 7-day window to request a hearing. Update your address on myDMV.colorado.gov the day after your arrest.
• The "PINS" Letter: The Notice of Revocation letter contains a PINS number required to request the hearing online. Keep this document safe.

What Happens If You Miss the Deadline: If you fail to request a hearing within the 7-day timeframe, your license will be automatically suspended. There is little recourse once this deadline passes, so immediate action is essential.

Automatic License Suspension

A DUI arrest in Colorado can trigger an automatic license suspension, regardless of the outcome of your criminal case. The grounds for suspension depend on whether you submitted to chemical testing and the results of that test (if applicable).

If You Took the Breath/Blood Test and Failed

If your blood alcohol content (BAC) was 0.08 or higher, the Colorado Department of Revenue will move to suspend your license. The length of the suspension varies based on prior offenses and other factors. You might have received a temporary driving permit at the time of your arrest, which is valid until your ALR hearing or the start of your suspension period, whichever comes first.

If You Refused Testing

Under Colorado's "express consent" law, codified in C.R.S. 42-4-1301, by driving on Colorado roads, you have implicitly consented to submit to chemical testing if arrested for DUI. Refusing to take a breath or blood test carries significantly harsher penalties than failing the test. Refusal typically results in a longer suspension period than a failed test.

The ALR/Administrative Hearing

What It Is

The Administrative License Revocation (ALR) hearing is a separate legal proceeding from your criminal DUI case. It is conducted by the Colorado Department of Revenue, Hearings Division and focuses solely on whether your driving privileges should be suspended. The burden of proof is lower than in a criminal trial. The hearing officer only needs to find that it is more likely than not that you were driving under the influence.

The purpose of the hearing is to determine if:

• The officer had reasonable suspicion to stop you.
• The officer had probable cause to believe you were driving under the influence.
• You were driving with a BAC of 0.08 or higher, or you refused to submit to testing.

How to Prepare

Preparing for your ALR hearing is crucial. While you can represent yourself, consulting with a DUI attorney is highly recommended. A DUI attorney can help you:

• Gather evidence, such as witness statements or video footage.
• Subpoena witnesses, including the arresting officer.
• Present a legal defense to challenge the suspension.

It's important to understand what you can challenge at the hearing. Common challenges include:

• The legality of the traffic stop.
• The accuracy of the BAC test.
• Whether you were properly advised of your rights under the express consent law.

Possible Outcomes

The hearing officer will issue a decision after the hearing. Possible outcomes include:

• Suspension Upheld: The hearing officer finds sufficient evidence to support the suspension.
• Suspension Overturned: The hearing officer finds that the evidence does not support the suspension, and your license is reinstated.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted license, allowing you to drive for specific purposes, such as work or school.

Hardship/Restricted License in Colorado

If your license is suspended, you may be eligible for a restricted license, also known as a "red license" in Colorado, allowing you to drive for essential purposes.

Eligibility Requirements: Eligibility varies depending on the reason for the suspension and whether you have prior offenses.

What You Can Drive For: A restricted license typically allows you to drive to and from work, school, medical appointments, and alcohol treatment programs.

Costs and Application Process: The application process involves submitting an application to the Colorado DMV and paying a reinstatement fee.

IID Requirement: In many cases, obtaining a restricted license requires installing an Ignition Interlock Device (IID) in your vehicle. Since Crowley County lacks approved IID installers, you'll need to travel to La Junta or Pueblo.

Getting Your License Back

After Criminal Case Concludes

Even if you win your ALR hearing, you may still face a license suspension as part of your criminal case.

Reinstatement Requirements: To reinstate your license after a suspension, you will typically need to:

• Pay a reinstatement fee to the Colorado DMV.
• Provide proof of SR-22 insurance.
• Complete any required alcohol education or treatment programs.

Fees: Reinstatement fees vary depending on the length of the suspension and other factors.

SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state for high-risk drivers.

Classes/Programs That Must Be Completed: You may be required to complete Level I or Level II alcohol education classes, as well as any recommended treatment programs. Online options are available for rural residents. Providers like Recovery Resources or Starting Today offer state-approved Zoom classes. This avoids the need to drive to La Junta.

Crowley County DMV Offices

CRITICAL WARNING: The office in Ordway is a County office. They handle license plates and titles. They DO NOT handle driver's license hearings, revocations, or restricted licenses (Red License). For anything related to your driving privilege, you are dealing with the State office, likely in La Junta.

• Crowley County Motor Vehicle (Registration Only)
• Address: 631 Main Street, Ste 102, Ordway, CO 81063
• Phone: (719) 267-5224
• Hours: Mon-Fri 8:00 AM - 4:00 PM
• State DMV Hub: La Junta Driver License Office (13 W. 3rd St, La Junta)

Special Programs

• Ignition Interlock Device (IID) Program: Required for many DUI offenders in Colorado, allowing them to drive with a device that tests their breath for alcohol. You will need to find a provider in a neighboring county.
• Occupational License: A restricted license that allows driving for work-related purposes.

Navigating the DUI license suspension process in Crowley County can be complex. Understanding your rights and acting quickly are crucial to protecting your driving privileges. Consulting with a qualified DUI attorney is highly recommended.

Frequently Asked Questions

1. Where do I request a
   DMV hearing after a DUI arrest in Crowley County? You cannot request the hearing at the Crowley County DMV office in Ordway. You must request it online through the Colorado DMV website, in person at the La Junta Driver License Office (13 W. 3rd St, La Junta), or via email to dor_hearingrequest@state.co.us.
2. What happens if I miss the 7-day deadline to request a DMV hearing? Your license will be automatically suspended, and you will lose the opportunity to challenge the suspension at a hearing.
3. Can I get a restricted license if I live in Crowley County and my license is suspended for DUI? Yes, you may be eligible for a restricted license, but you will likely need to install an Ignition Interlock Device (IID). Since Crowley County lacks approved IID installers, you'll need to travel to La Junta or Pueblo to have the device installed.