Denver County Express Consent Hearing Guide

Denver County DUI License Suspension & ALR Hearing

You've just been arrested for DUI in Denver County. This is a stressful and confusing time, but understanding your rights and taking immediate action is crucial, especially when it comes to your driver's license. This guide will walk you through the process of license suspension after a DUI arrest in Denver County, Colorado, and explain the Administrative License Revocation (ALR) hearing – your opportunity to challenge the suspension.

It's important to understand that a DUI arrest triggers two separate legal processes: a criminal case in court and an administrative action against your driver's license. This guide focuses exclusively on the administrative side, specifically the potential suspension of your license and the ALR hearing process. The outcome of the ALR hearing doesn't necessarily determine the outcome of your criminal case, and vice-versa.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Denver County, the Colorado Department of Revenue, Division of Motor Vehicles (DMV) will likely attempt to suspend your driver's license. You have only 15 days from the date of your arrest to request an ALR hearing to challenge this suspension. This is a non-negotiable deadline. Missing it will result in an automatic license suspension.

Where to Request:

You must request the hearing from the Colorado Department of Revenue, Division of Motor Vehicles (DMV).

How to Request:

The process for requesting an ALR hearing in Colorado typically involves contacting the DMV. While specific methods may vary, you can generally request a hearing through one of the following methods:

• Online: Check the Colorado DMV website (Colorado.gov/DMV) for online hearing request options. Look for sections related to DUI or Administrative License Revocation.

• Phone: Call the Colorado DMV's Driver Control Section. The number can be found on the DMV website or on the paperwork you received at the time of your arrest.

• Mail: Send a written request to the Colorado DMV's Driver Control Section. Include your full name, date of birth, driver's license number, the date of your arrest, and a clear statement that you are requesting an ALR hearing. Send it certified mail with return receipt requested to ensure proof of delivery. The address can be found on the DMV website or on the paperwork you received at the time of your arrest.

What Happens If You Miss The Deadline:

If you fail to request an ALR hearing within 15 days of your DUI arrest, your Colorado driver's license will be automatically suspended. You will lose your driving privileges, potentially impacting your ability to work, attend school, or take care of essential responsibilities. The suspension period will depend on whether you took and failed a breath/blood test or refused to take one.

Automatic License Suspension

The grounds for an automatic license suspension after a DUI arrest in Denver County depend on whether you submitted to chemical testing (breath or blood) and, if so, the results.

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 for a first offense in Colorado is typically nine months.

• Temporary Permit: You should have received a temporary driving permit at the time of your arrest. This permit is generally valid until your ALR hearing or until the date the suspension begins if you don't request a hearing or if the suspension is upheld.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty than failing a test. In Colorado, refusing testing results in a one-year license suspension for a first offense.

• Implied Consent Law in Colorado: Colorado, like most states, has an implied consent law. This means that 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

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the suspension of your driver's license. It's a crucial step in protecting your driving privileges.

What It Is

• Separate from Criminal Court: The ALR hearing is entirely separate from your criminal DUI case. It's an administrative proceeding conducted by the Colorado DMV.

• Decides if License Suspension is Warranted: The purpose of the hearing is to determine whether the DMV has sufficient evidence to justify suspending your license based on the DUI arrest.

• Lower Burden of Proof: The burden of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to show "probable cause" that you were driving under the influence, not "beyond a reasonable doubt."

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, or any other documentation that contradicts the police report.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Colorado ALR hearings can provide invaluable assistance. They understand the legal procedures, know how to challenge the evidence against you, and can represent you at the hearing.

• Understand What You Can Challenge: Common challenges in ALR hearings include:

• Whether the police had reasonable suspicion to stop you.

• Whether the police had probable cause to arrest you for DUI.

• Whether the breath/blood test was administered correctly.

• Whether you were properly informed of your rights and the consequences of refusing a test.

Possible Outcomes

The ALR hearing can have one of three primary outcomes:

• Suspension Upheld: If the hearing officer finds sufficient evidence to support the suspension, your license will be suspended for the applicable period (9 months for failing a test, 1 year for refusing).

• Suspension Overturned: If the hearing officer finds that the DMV did not meet 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 specific circumstances (e.g., to work, school, or medical appointments).

Hardship/Restricted License in Colorado

Even if your license is suspended, you may be eligible for a restricted or hardship license in Colorado, allowing you to drive under specific circumstances.

• Eligibility Requirements: Eligibility typically depends on the length of your suspension and your driving record. You usually need to demonstrate a need to drive for essential purposes.

• What You Can Drive For: Restricted licenses typically allow driving for work, school, medical appointments, and other essential needs.

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

• IID Requirement: Colorado often requires the installation of an Ignition Interlock Device (IID) as a condition of a restricted license, especially for repeat offenders or those with high BAC levels.

Getting Your License Back

After the suspension period ends and your criminal case concludes, you'll need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include paying a reinstatement fee, providing proof of insurance, and completing any required alcohol education or treatment programs.

• Fees: Reinstatement fees vary but can be found on the Colorado DMV website.

• SR-22 Insurance Requirement: Colorado may require you to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specific period after a DUI conviction.

• Classes/Programs That Must Be Completed: You may be required to complete alcohol education or therapy classes and community service hours as part of your criminal sentence. Completion of these programs is often required for license reinstatement.

Denver County DMV Offices

Here are some Denver County DMV locations. Always check the Colorado DMV website (Colorado.gov/DMV) for the most up-to-date information and hours of operation. Please note that due to limited courthouse and impound lot data, they are not included.

• Denver DMV Southwest: 1865 West Mississippi Ave, Unit C, Denver, CO 80223
• Denver DMV Central: 2855 Tremont Place, Denver, CO 80205
• Denver DMV Northeast: 4585 Quebec St Ste 100, Denver, CO 80216

Special Programs

• Ignition Interlock Device Program: Colorado has a robust IID program. If required, you'll need to have an IID installed in your vehicle by an approved vendor and maintain it for a specific period.
• Occupational License: An occupational license is a restricted license that allows you to drive for employment purposes. Eligibility requirements vary.
• Useful Link: The Colorado Department of Revenue, Division of Motor Vehicles is located online at Colorado.gov/DMV.

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Denver County, Colorado. It is not a substitute for legal advice. Consult with a qualified Colorado DUI attorney to discuss your specific situation and legal options. Acting quickly and understanding your rights are crucial for navigating this challenging process.