Custer County License Hearing Guide

Custer County DUI License Suspension & ALR Hearing

A DUI arrest in Custer County triggers two separate legal processes: a criminal case in the Custer Combined Court and an administrative action against your driver's license by the Colorado Department of Revenue, Division of Motor Vehicles (DMV). This guide focuses on the administrative side – specifically, how to navigate the license suspension process and request an Administrative License Revocation (ALR) hearing to potentially save your driving privileges. Understanding this process is crucial, as the DMV's actions are independent of your criminal case, and a conviction is not required for your license to be suspended.

CRITICAL DEADLINE: Request Hearing Within 7 Days

Following a DUI arrest in Custer County, you have a very limited time to request an ALR hearing to contest the potential suspension of your driver's license. This deadline is only 7 calendar days from the date of your arrest (for breath tests/refusals) or the date you received notice (for blood tests). Missing this deadline results in an automatic license suspension.

To request a hearing, you can use the online portal, or request via mail.

• How to Request: According to research data, in-person requests can be made at a full-service Driver License Office. You can also request the hearing online.
• What Happens If You Miss the Deadline: If you fail to request a hearing within the 7-day window, your license will be automatically revoked on the 8th day. There are no exceptions for missing this deadline, regardless of whether you are waiting for legal counsel or are unaware of the requirement.

Automatic License Suspension

The Colorado DMV can automatically suspend your driver's license based on the circumstances of your DUI arrest. The reasons for suspension depend on whether you submitted to chemical testing (breath or blood) and the results, 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, you face an administrative license suspension. The length of the suspension depends on factors like prior DUI offenses.
• Temporary Permit: The "Notice of Revocation" you received at the time of your arrest acts as a temporary driving permit, valid for only 7 days. This allows you time to prepare for the ALR hearing or make alternative transportation arrangements.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty than failing a test.
• 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 agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to do so triggers an automatic license suspension, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the DMV's decision to suspend your license.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding, entirely separate from your criminal DUI case. The outcome of the ALR hearing does not directly impact the criminal case, and vice versa.
• Decide If License Suspension Is Warranted: The purpose of the hearing is to determine whether the DMV has sufficient evidence to justify suspending your license.
• Lower Burden of Proof Than Criminal Trial: The DMV only needs to prove its case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required for a criminal conviction.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, or expert testimony challenging the accuracy of the breath or blood test.
• Consider Hiring a DUI Attorney: Navigating the ALR hearing process can be complex. A DUI attorney can help you understand your rights, gather evidence, and present a strong defense.
• Understand What You Can Challenge: You can challenge various aspects of the DMV's case, including whether the police had reasonable suspicion to stop you, whether you were properly advised of your rights, and whether the breath or blood test was administered correctly.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DMV has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DMV has not met its burden of proof, the suspension will be overturned, and your driving privileges will be restored.
• 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 under certain circumstances (e.g., to work, school, or medical appointments).

Hardship/Restricted License in Colorado

• Eligibility Requirements: Eligibility for a restricted license varies depending on the specific circumstances of your case and the length of your suspension.
• What You Can Drive For: Typically, a restricted license allows you to drive only for essential purposes, such as traveling to and from work, school, medical appointments, or court-ordered treatment.
• Costs and Application Process: There are fees associated with applying for a restricted license.
• IID Requirement: Often, a restricted license requires the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

After Criminal Case Concludes

• Reinstatement Requirements: Once your suspension period is over, you will need to meet certain requirements to reinstate your license.
• Fees: You will be required to pay a reinstatement fee to the DMV.
• SR-22 Insurance Requirement: The DMV will likely require you to file an SR-22 certificate of insurance, demonstrating that you have the required liability coverage.
• Classes/Programs That Must Be Completed: You may also be required to complete DUI education or therapy classes before your license can be reinstated.

Custer County DMV Offices

The Westcliffe Clerk & Recorder is a limited service office for titling and registration. It is NOT a full-service State Driver License office equipped to handle complex hearing requests or reinstatement processing in real-time.

Nearest Full-Service Office: Cañon City Driver License Office, 127 Justice Center Road, Suite K, Cañon City, CO 81212.

Special Programs

• Ignition Interlock Device Program: The Ignition Interlock Device (IID) program allows individuals with a suspended license to drive with a device installed in their vehicle that requires them to pass a breath test before starting the engine.
• Occupational License: An occupational license may be available in certain circumstances, allowing you to drive for work-related purposes even during a suspension period.

Frequently Asked Questions

Q: Where will I be taken after being arrested for DUI in Custer County? A: Since the Custer County Jail closed in 2023, you will be transported to the Fremont County Detention Center (FCDC) in Cañon City for booking, which is about a 45 minute to 1 hour drive.

Q: Can I pay my bond remotely if I'm arrested for DUI in Custer County? A: Yes, the Custer County Sheriff utilizes Allpaid (formerly GovPayNet) for remote bond payments. The specific Payment Location Code (PLC) is a004w6.

Q: What happens if I try to handle court matters on a Wednesday in Custer County? A: The Custer Combined Court is closed on Wednesdays and Fridays. While pleadings can be faxed on those days, you will need to include a phone number for payment arrangements.