Denver County Express Consent Hearing Guide

Denver County DUI License Suspension & ALR Hearing

Being arrested for DUI in Denver County, Colorado, can trigger immediate and serious consequences for your driving privileges. It's crucial to understand that a DUI charge sets in motion two separate legal processes: a criminal case at the Lindsey-Flanigan Courthouse, and an administrative action by the Colorado Department of Revenue, Hearings Division regarding your driver's license. This guide focuses on the administrative process and how to navigate a potential license suspension.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Denver County, you have an extremely limited window to protect your driving privileges. Under Colorado's Express Consent Law, you must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This is a non-negotiable deadline.

• Where to Request: You must request the hearing from the Colorado Department of Revenue, Hearings Division.
• How to Request: You can submit your request electronically via email to dor_hearingrequest@state.co.us.
• What Happens If You Miss the Deadline: Missing this 15-day deadline results in an automatic suspension of your driver's license. There are very limited exceptions, so act quickly.

Automatic License Suspension

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

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, the Colorado Department of Revenue, Hearings Division will likely suspend your license.

• BAC Over 0.08: The length of the suspension will depend on prior offenses and other factors.
• Temporary Permit: The arresting officer likely provided you with a temporary driving permit. This permit is valid until your ALR hearing, or until the suspension officially begins if you don't request a hearing, or if the suspension is upheld at the hearing.

If You Refused Testing

Refusing to submit to a breath or blood test carries even harsher penalties in Colorado.

• Refusal Penalty: Refusal typically results in a longer license suspension than failing a test.
• Implied Consent Law in Colorado: Colorado law operates under "implied consent." By driving on Colorado roads, you have implicitly agreed to submit to chemical testing if a law enforcement officer has reasonable grounds to believe you are driving under the influence.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate From Criminal Court: This hearing is entirely separate from your criminal DUI case. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case.
• Decide If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the Colorado Department of Revenue, Hearings Division had sufficient legal grounds to suspend your license.
• Lower Burden of Proof Than Criminal Trial: The burden of proof at an ALR hearing is lower than in a criminal trial. The hearing officer only needs to determine if it's more likely than not that the suspension is justified.

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, dashcam footage, or any documentation that contradicts the officer's account.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Denver County ALR hearings can guide you through the process, present your case effectively, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge various aspects of the suspension, including whether the officer had reasonable suspicion to stop you, whether you were properly advised of your rights under the Express Consent Law, and the accuracy of the breath or blood test.

Possible Outcomes

• Suspension Upheld: The hearing officer finds sufficient grounds for the suspension, and your license remains suspended.
• Suspension Overturned: The hearing officer finds insufficient grounds for the suspension, and your license is reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license.

Hardship/Restricted License in Colorado

A hardship or restricted license allows you to drive under specific circumstances, such as for work, school, or medical appointments, even while your license is suspended.

• Eligibility Requirements: Eligibility requirements vary depending on the reason for the suspension and whether you install an Ignition Interlock Device (IID).
• What You Can Drive For: Generally, a restricted license allows you to drive to and from work, school, medical appointments, and alcohol treatment programs.
• Costs and Application Process: There are fees associated with applying for a restricted license.
• IID Requirement: In many cases, obtaining a restricted license requires installing an IID in your vehicle.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

The steps to reinstate your license may vary depending on the outcome of your criminal case.

• Reinstatement Requirements: You must satisfy all requirements imposed by the Colorado Department of Revenue, Hearings Division, which may include completing a substance abuse evaluation and treatment program.
• Fees: You will need to pay a reinstatement fee to the 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: Completing any required alcohol education or therapy programs is crucial for reinstatement.

Denver County DMV Offices

The main DMV office that handles driver's license issues in Denver County is:

• Division of Motor Vehicles - Driver Control Section: 1351 5th St., Suite 100, Denver, CO 80204. Phone: 303-205-5606 (Hearings); 303-205-5600 (Main Line). This office is located on the first floor of a parking garage.

Special Programs

• Ignition Interlock Device Program: Colorado requires IIDs for many DUI offenders. You can find approved IID providers throughout Denver County.
• Broadway Counseling Services: A highly established Denver institution operating since 1993. They currently offer 100% virtual, secure Zoom classes that are fully authorized for all Colorado courts and the DMV. (Phone: 303-733-8784).
• 5280 Human Care Center: Located in the Denver Tech Center area (6053 S Quebec St #101-A, Greenwood Village, CO 80111). This facility offers BHA-approved Level II telehealth peer groups conducted via Zoom, facilitated strictly by licensed clinicians to ensure compliance. (Phone: 303-872-0724).

Frequently Asked Questions

Q: How long will my license be suspended for a first-time DUI in Denver County? A: The suspension length varies depending on your BAC level and whether you refused testing. It can range from several months to a year or more.

Q: Where do I go to get my car out of impound after a DUI arrest in Denver County? A: Your vehicle is likely at the Denver Sheriff Department Vehicle Impound Facility (VIF) located at 5160 York St, Denver, CO 80216. You can call them at 720-865-0470 to confirm.

Q: What happens if I drive on a suspended license in Denver County? A: Driving on a suspended license is a serious offense that can result in additional criminal charges, jail time, and a longer license suspension.

Sources

• Denver - Data Commons
• Vehicle Impound - City and County of Denver
• Contacts - City and County of Denver
• Denver, CO – Autura Help Center