Custer County License Hearing Guide

An arrest for driving under the influence triggers two separate legal tracks: the criminal case prosecuted in the 11th Judicial District and the administrative case handled by the Colorado Department of Revenue (DMV). These systems operate independently. A dismissal or "not guilty" verdict in court does not automatically reverse or halt an administrative license revocation. The administrative track moves rapidly. It is governed by strict statutory deadlines.

Your License After a DUI Arrest in Custer County

The administrative license process begins immediately upon arrest. When a law enforcement officer arrests a driver for operating a vehicle with a blood alcohol content (BAC) of 0.08 or higher, or for refusing a chemical test, the officer initiates the Express Consent process.

The physical driver's license is seized by the officer. In its place, the driver receives a paper document known as a "Notice of Revocation." This document acts as a temporary driving permit. It is valid for a very limited duration, after which the driver is prohibited from operating any motor vehicle unless they take immediate administrative action.

CRITICAL DEADLINE: Request Hearing Within 15 Days

While some states allow up to 15 days to request an administrative hearing, Colorado law imposes a much stricter timeline. Under CO law § 42-2-126, a driver has exactly 7 calendar days from the date of the arrest (for breath tests or test refusals) or from the date the notice of revocation is received (for blood tests) to request an Express Consent Hearing.

This 7-day window includes weekends and legal holidays. If the seventh day falls on a day when the DMV is closed, the request must be submitted by the end of the next business day.

Where to Request

The request must be submitted directly to the Colorado Department of Revenue (DMV).

How to Request

The request can be submitted online through the official Colorado DMV portal. Alternatively, it can be submitted in person at any full-service state driver's license office.

The local Clerk & Recorder office in Westcliffe is a limited-service facility. It handles vehicle titling and registration only. It is not equipped to handle Express Consent Hearing requests or driver's license reinstatements. The nearest full-service state facility is the Cañon City Driver License Office, located at 127 Justice Center Road, Suite K, Cañon City, CO 81212.

What Happens If You Miss the Deadline

If the 7-day statutory window closes without a formal hearing request, the right to a hearing is permanently waived. The driver's license is automatically revoked on the eighth day. No administrative relief is available for missing this deadline, even if the driver was waiting to secure legal representation.

Automatic License Suspension

If You Took the Breath/Blood Test and Failed

Under CO law § 42-2-126, if a driver submits to a chemical test and the results show a BAC of 0.08 or higher, the driving privilege is subject to administrative revocation.

• First-Time Administrative Offense: The revocation period is 9 months.
• Temporary Permit Validity: The paper temporary permit issued at the time of the arrest is valid for exactly 7 days. If a hearing is requested within those 7 days, the temporary driving privilege is extended until the date of the Express Consent Hearing. If a blood test was administered, the 7-day clock does not start until the toxicology results are completed and the DMV mails the official notice of revocation.

If You Refused Testing

Colorado operates under an "implied consent" law (CO law § 42-4-1301.1). Operating a motor vehicle within the state means the driver has consented to chemical testing of breath or blood if an officer has probable cause to suspect impairment.

Refusing to submit to a chemical test carries severe administrative penalties:

• First-Time Refusal: Results in an automatic 1-year license revocation.
• Persistent Drunk Driver (PDD) Designation: Any test refusal automatically classifies the driver as a PDD. This classification requires the driver to install an Ignition Interlock Device (IID) for a minimum of one year to regain driving privileges, regardless of their actual BAC level.
• No Early Reinstatement Without Interlock: A driver who refuses testing is ineligible for any form of early reinstatement without installing an IID.

The ALR/Administrative Hearing

What It Is

The Express Consent Hearing is a formal administrative proceeding conducted by a hearing officer from the Colorado Department of Revenue. It is entirely separate from the criminal proceedings overseen by County Court Judge Michael Halpin.

The burden of proof in an administrative hearing is a "preponderance of the evidence." This is a much lower standard than the "beyond a reasonable doubt" standard required for a criminal conviction. The hearing officer acts as both the judge and the jury. The sole focus of the hearing is to determine whether the law enforcement officer had reasonable grounds to contact the driver, whether the driver was legally arrested, and whether the chemical test was administered correctly or refused.

How to Prepare

Preparing for the hearing requires obtaining the police report, the arrest affidavit, and any toxicology or breath-testing machine calibration logs. A driver can request these documents from the DMV when filing the hearing request.

Key elements to review include:

• The legality of the initial traffic stop.
• The presence of probable cause for the arrest.
• Strict compliance with the 20-minute continuous observation period required before a breath test.
• Proper calibration records for the Intoxilyzer 9000 device used during the test.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the arresting officer followed proper legal protocols and the BAC exceeded 0.08 (or the driver refused), the license revocation is sustained.
• Suspension Overturned: If the hearing officer finds a lack of probable cause, procedural errors in the testing process, or if the arresting officer fails to appear after being subpoenaed, the revocation is dismissed. Driving privileges are restored immediately.
• Restricted License Granted: Depending on the driver's history and whether they submitted to testing, they may be eligible for immediate or early reinstatement with an ignition interlock restriction.

Hardship/Restricted License in Colorado does not issue a standard "work permit" or "hardship license" that allows unrestricted driving during specific hours. Instead, the state utilizes an Ignition Interlock Device (IID) program for early reinstatement.

Eligibility Requirements

For a first-offense BAC failure, a driver may apply for early reinstatement after serving 30 days of the revocation period. For a test refusal, the driver must serve a mandatory 60 days of revocation before becoming eligible for interlock reinstatement.

What You Can Drive For

Once reinstated with an IID, the driver may operate a vehicle equipped with an approved interlock device without geographical or temporal restrictions. They can drive to work, school, medical appointments, or personal errands, provided the vehicle is fitted with the device.

Costs and Application Process

To apply, the driver must pay a non-refundable $95.00 reinstatement fee to the DMV, submit proof of SR-22 insurance, and provide an installation certificate from an approved IID provider.

Getting Your License Back

Reinstating a driver's license after a DUI arrest requires completing several administrative and court-mandated steps. These steps must be completed even if the administrative revocation period has technically elapsed.

Reinstatement Requirements

• Payment of the $95.00 reinstatement fee.
• Filing of an SR-22 financial responsibility form with the DMV. This insurance certificate must be maintained continuously for up to three years; any lapse will trigger an immediate suspension.
• Installation of an approved IID if required by the DMV or as a condition of probation.
• Enrollment in or completion of Level I or Level II Alcohol and Drug Education and Therapy.

Classes and Programs

Under Colorado regulations, drivers convicted of a DUI or those with high BAC levels must complete Level II Alcohol Education (24 hours of instruction over 12 weeks) and the corresponding Level II Therapy tracks (ranging from 5 to 10 months depending on the offender's history and BAC). These classes must be completed through a state-licensed treatment provider. Because there are no physical Level II providers operating directly within the county, local residents frequently complete these requirements online through state-approved virtual programs or travel to regional providers in Cañon City.

Local DMV Offices

• Westcliffe Clerk & Recorder (Limited Service - No License Reinstatement)

• Address: 205 S. 6th St., Westcliffe, CO 81252

• Note: This office handles vehicle registration and titling only. It does not handle driver's license reinstatement or Express Consent hearings.

• Cañon City Driver License Office (Full Service)

• Address: 127 Justice Center Road, Suite K, Cañon City, CO 81212

Special Programs

• Ignition Interlock Device Program: Colorado offers early reinstatement through the IID program. This allows drivers to regain driving privileges by installing an approved breath-testing device in their vehicle. If the driver was arrested for a first-offense BAC over 0.15, they are designated a Persistent Drunk Driver (PDD) and must use the interlock device for a minimum of two years.
• Occupational License: Colorado does not offer a traditional occupational or "red" license for school or work only; the interlock license is the sole pathway to driving during a revocation period.