El Paso County Express Consent Hearing Guide

El Paso County DUI License Suspension & ALR Hearing

Your life just took an unexpected turn. Being arrested for a DUI in El Paso County, Colorado is a stressful and overwhelming experience. One of the most immediate concerns is your driver's license. It's crucial to understand that a DUI arrest triggers two separate legal processes: a criminal case in court and an administrative process regarding your driver's license. This guide focuses on the administrative process, specifically how to fight a potential license suspension after a DUI arrest in El Paso County.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Don't panic, but time is of the essence. After a DUI arrest in El Paso County, you have a very limited window of time – just 15 calendar days – to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the suspension of your driver's license.

Where to Request:

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

How to Request:

• Online: This is often the fastest and most efficient method. Visit the Colorado DMV website (search "Colorado DMV DUI Hearing Request") and follow the online instructions.
• Phone: You can attempt to request a hearing by phone, but be aware that this can be difficult due to high call volume. The number is typically listed on the paperwork you received from the arresting officer. Have your driver's license number and DUI arrest information readily available.
• Mail: You can send a written request by certified mail, return receipt requested, to the address provided on your paperwork. This ensures you have proof of delivery.

What Happens If You Miss the Deadline:

Missing the 15-day deadline is a critical mistake. If you fail to request a hearing within this timeframe, your driver's license will be automatically suspended. There is very little recourse if you miss the deadline, so act immediately.

Automatic License Suspension

Even before your criminal case goes to court, your license could be automatically suspended based on the circumstances of your arrest.

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 automatic suspension. The length of the suspension varies depending on prior offenses and BAC level, but expect at least a [suspension period - check CO DUI laws for specific suspension lengths based on BAC and prior offenses. Example: 3-month suspension] for a first offense.

• Temporary Permit: The officer may have issued you a temporary driving permit after your arrest. This permit is valid until your ALR hearing or the date your suspension begins, whichever comes first. Take note of the expiration date on the temporary permit.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries harsher penalties than failing a test. Colorado's "implied consent" law means that by driving on Colorado roads, you've implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal results in a [longer suspension period - check CO DUI laws for specific suspension lengths for refusal. Example: 1-year suspension] for a first offense.

• Implied Consent Law in Colorado: Colorado's implied consent law is the legal basis for penalizing drivers who refuse to submit to chemical testing.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to fight the automatic suspension of your driver's license.

What It Is

• Separate from Criminal Court: This is crucial: the ALR 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.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DMV has sufficient evidence to suspend your driver's license.
• Lower Burden of Proof than Criminal Trial: The DMV only needs to prove its case by a "preponderance of the evidence," meaning it is more likely than not that the suspension is justified. This 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, such as witness statements, video footage (if available), or documentation that challenges the accuracy of the breath or blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced with El Paso County DUI cases can be invaluable. They understand the ALR hearing process, can help you gather evidence, and present a strong defense. An attorney can also cross-examine witnesses and argue legal points on your behalf.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• Whether the police officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly advised of your rights under the implied consent law.
• The accuracy and reliability of the breath or blood test.
• Whether the testing procedures were followed correctly.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds sufficient evidence to support the suspension, your license will be suspended.
• Suspension Overturned: If the hearing officer finds that the DMV has not met its burden of proof, the suspension will be overturned, and your license will be reinstated.
• 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 for limited purposes.

Hardship/Restricted License in Colorado

Even if your license is suspended, you may be able to obtain a restricted license in Colorado, sometimes called a hardship license. This allows you to drive for essential purposes.

• Eligibility Requirements: You typically need to prove that you need to drive for work, school, medical appointments, or other essential needs. There may be a waiting period after your suspension begins before you can apply.
• What You Can Drive For: A restricted license will specify the purposes for which you are allowed to drive (e.g., work only, work and medical appointments).
• Costs and Application Process: There is a fee associated with applying for a restricted license. You will need to complete an application and provide documentation supporting your need to drive.
• IID Requirement: Often, obtaining a restricted license requires the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: Complete the terms of your DUI conviction, including any court-ordered classes, community service, or substance abuse treatment.
• Fees: Pay any reinstatement fees required by the DMV.
• SR-22 Insurance Requirement: You will likely need to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specific period.
• Classes/Programs That Must Be Completed: Complete any required DUI education or therapy programs.

El Paso County DMV Offices

Here are some local DMV offices in El Paso County where you may need to handle license-related matters. Please note that hours and services can change, so it's crucial to verify this information online or by calling ahead.

• Colorado Springs DMV - Centennial: 2449 N. Union Blvd., Colorado Springs, CO 80909 (Check hours online)
• Colorado Springs DMV - Powers: 5550 E. Woodmen Rd, Colorado Springs, CO 80920 (Check hours online)
• (Check the Colorado DMV website for the most up-to-date list and hours.)

Special Programs

• Ignition Interlock Device Program: Colorado requires IIDs for many DUI offenders, especially those with high BACs or repeat offenses. The program involves installing a device in your vehicle that prevents it from starting if alcohol is detected on your breath.
• Occupational License: (Check with the Colorado DMV if an occupational license is available. This may allow driving during certain hours for work).
• (Check the Colorado DMV website for any other state-specific programs.)

This guide provides general information about DUI license suspensions and ALR hearings in El Paso County, Colorado. It is not a substitute for legal advice. Given the time-sensitive nature of these matters, it is strongly recommended that you consult with a qualified DUI attorney as soon as possible to protect your rights and explore your options. Don't delay – your ability to drive depends on it.