Eagle County License Hearing Guide

Eagle County DUI License Suspension & ALR Hearing

Being arrested for DUI in Eagle County can trigger two separate legal battles: a criminal case in the Eagle County Combined Courts and an administrative case handled by the Colorado Department of Revenue (DMV) regarding your driver's license. It's crucial to understand that these are distinct processes. You could be found not guilty in criminal court, but still lose your license through the administrative process, and vice versa. This guide focuses on the administrative side, specifically the Administrative License Revocation (ALR) hearing, and how to navigate the potential suspension of your driving privileges. The Express Consent Law in Colorado means that by driving on Colorado roads, you've already agreed to submit to chemical testing if suspected of DUI.

CRITICAL DEADLINE: Request Hearing Within 7 Days

If you were arrested for DUI in Eagle County and either failed or refused a chemical test (breath or blood), the arresting officer likely issued a "Notice of Revocation," a yellow sheet of paper that serves as a temporary 7-day driving permit. You have only 7 days from the date of issuance of this notice to request an ALR hearing with the Colorado Department of Revenue. This deadline is strictly enforced.

To request a hearing, you must do so in writing. You can use one of the following methods:

• Email: dor_hearingrequest@state.co.us
• Mail: Colorado Department of Revenue, Express Consent Unit, Denver.
• In-Person: At a State Driver License Office.

Important: The Eagle County Clerk & Recorder (located at 500 Broadway, Eagle) handles vehicle titles and registrations, **but it CANNOT process ALR hearing requests or issue driver licenses.*Missing this 7-day deadline results in the automatic suspension of your driver's license. There are very limited exceptions to this rule.

Automatic License Suspension

The grounds for automatic license suspension in a DUI case depend on whether you submitted to chemical testing and the results, or if you refused to be tested.

If You Took the Breath/Blood Test and Failed

If your Blood Alcohol Content (BAC) was 0.08% or higher, you face an automatic license suspension. Your temporary driving permit is valid until either the date of your scheduled ALR hearing, or until the 8th day after the Notice of Revocation was issued if you failed to request a hearing.

If You Refused Testing

Refusing a chemical test carries significant penalties under Colorado's Express Consent Law (C.R.S. § 42-4-1301.1). Refusal leads to a longer license suspension than failing a test. The officer seizes your driver's license on the spot and issues a "Notice of Revocation."

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. Its sole purpose is to determine whether the Colorado Department of Revenue was justified in revoking your driver's license. The hearing is conducted by a hearing officer from the DMV.

The standard of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to prove its case by a "preponderance of the evidence," meaning it is more likely than not that you were driving under the influence.

How to Prepare

Proper preparation is crucial for a successful ALR hearing. Consider these steps:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, videos, or documentation that challenges the accuracy of the breath or blood test.
• Consult with a DUI Attorney: A DUI attorney can review your case, advise you on your rights, and represent you at the ALR hearing. They understand the legal nuances of DUI law and can build a strong defense.
• Understand the Issues: Be prepared to challenge the following issues, if applicable:
• Whether the officer had reasonable suspicion to stop you.
• Whether you were properly advised of your rights under the Express Consent Law.
• Whether the breath or blood test was administered correctly and the results are accurate.

Possible Outcomes

The ALR hearing can have several outcomes:

• Suspension Upheld: The hearing officer finds that the DMV had sufficient evidence to revoke your license, and the suspension remains in effect.
• Suspension Overturned: The hearing officer finds that the DMV did not have sufficient evidence, 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 limited purposes, such as work or school.

Hardship/Restricted License in Colorado allows for a restricted license under certain circumstances, even after a DUI-related suspension.

• Eligibility Requirements: Eligibility often depends on the specific circumstances of your case, including your BAC level, prior record, and participation in alcohol education or therapy programs.
• Driving Privileges: A restricted license typically allows you to drive for essential purposes, such as:
• Driving to and from work
• Driving to and from school
• Driving to and from medical appointments
• Costs and Application Process: Applying for a restricted license involves paying fees and submitting documentation to the DMV.
• IID Requirement: Depending on the circumstances of your DUI, you may be required to install an Ignition Interlock Device (IID) on your vehicle as a condition of receiving a restricted license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps:

• After Criminal Case Concludes: Even if your criminal case is resolved favorably, you still need to address the administrative suspension with the DMV.
• Reinstatement Requirements: You must fulfill all reinstatement requirements set by the DMV, which may include:
• Paying reinstatement fees (typically $95, plus administrative fees).
• Filing an SR-22 certificate of financial responsibility (insurance) with the DMV.
• Completing any required alcohol education or therapy programs.
• Installing an Ignition Interlock Device (IID), if required.
• Application: Submit the "Application for Reinstatement" (DR 2870) by mail or online via mydmv.colorado.gov.

Eagle County DMV Offices

Important: There are no State Driver License offices within Eagle County. Residents must travel to neighboring counties for license reinstatement and related services.

Nearest Locations:

• Glenwood Springs (Garfield County): 51027 Hwy 6 & 24. Full service (Reinstatement, ID, Written Tests).
• Leadville (Lake County): 505 Harrison Ave. Limited hours.
• Steamboat Springs (Routt County): 425 Anglers Dr. Full service.

This creates a significant logistical burden, as individuals may need to find alternative transportation to travel 30-60 minutes each way just to obtain a valid ID or process reinstatement paperwork.

Special Programs

• Ignition Interlock Device (IID) Program: This program allows individuals with suspended licenses to drive with a device that tests their breath for alcohol before the vehicle can be started.
• Eagle County Recovery Court: For offenders with serious substance use disorders or repeat convictions, the district offers the Eagle County Recovery Court (formerly Drug/DUI Court). This is a "Problem Solving Court" designed to treat the root cause of the behavior rather than simply incarcerating the offender.

Frequently Asked Questions

**Q: How long will my license be suspended for a first-time DUI in Eagle County?*A: The length of suspension varies depending on your BAC level and whether you refused testing. Refusal results in a longer suspension. Consult with a DUI attorney for specific guidance on your case.

**Q: Can I request an ALR hearing if I live out of state but was arrested for DUI in Eagle County?*A: Yes, you have the same right to request an ALR hearing, regardless of your residency. However, you may need to travel to Colorado for the hearing or arrange for remote participation.

**Q: What happens if I drive while my license is suspended in Eagle County?*A: Driving with a suspended license is a serious offense that can result in additional criminal charges, jail time, and an extended period of license suspension.