El Paso County Express Consent Hearing Guide

Your License After a DUI Arrest in El Paso County

Being arrested for Driving Under the Influence (DUI) in El Paso County, Colorado, triggers two separate legal processes: a criminal case in the El Paso County Combined Courts, and an administrative action against your driver's license by the Colorado Department of Revenue. This guide focuses on the administrative side, specifically the potential suspension of your driver's license and how to navigate the Administrative License Revocation (ALR) hearing process. It's crucial to understand that even if you are found not guilty in criminal court, your license can still be suspended through this administrative process. Understanding the steps to take immediately can potentially save your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Colorado, you have an extremely limited window to protect your driving privileges. You must request an Express Consent hearing with the Colorado Department of Revenue within 15 days of your arrest. This deadline is strictly enforced.

• Where to Request: You must request the hearing from the Colorado Department of Revenue, Hearings Division.
• How to Request: You can request a hearing by completing a hearing request form and submitting it to the Colorado Department of Revenue. The forms can be found online at the Colorado Department of Revenue Hearings Homepage. While specific instructions may vary, it is generally advisable to submit the request in a manner that provides proof of delivery, such as certified mail or electronic submission where available.
• What Happens If You Miss the Deadline: If you fail to request a hearing within the 15-day timeframe, your driver's license will be automatically suspended. There are very limited exceptions to this rule, so acting quickly is paramount.

A procedural nuance exists that benefits defendants who act quickly. When a hearing request is successfully processed within the 7-day window, the Express Consent Affidavit legally transforms into a temporary driving permit. This permit allows the defendant to maintain full, unrestricted driving privileges until the actual date of the DMV hearing, which typically occurs 30 to 60 days later.

Automatic License Suspension

The Colorado DMV can automatically suspend your license based on two scenarios following a DUI arrest: failing a chemical test or refusing to take one.

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 DMV will move to suspend your license. The exact length of the suspension depends on factors like prior DUI convictions.

• BAC over 0.08: The suspension period varies based on the number of prior offenses.
• Temporary Permit: As mentioned above, if you request a hearing within 15 days, the Express Consent Affidavit acts as a temporary driving permit, valid until the hearing date or the start of the suspension period if upheld.

If You Refused Testing

Colorado, like most states, has an "implied consent" law. This means that by driving on Colorado roads, you have implicitly agreed to submit to chemical testing if a law enforcement officer has probable cause to believe you are driving under the influence. Refusing to take a breath or blood test carries significant penalties.

• Refusal Penalty: Refusing a chemical test results in a longer license suspension than failing one.
• Implied Consent Law: Colorado's implied consent law is outlined in CO law § 42-4-1301.

The ALR/Administrative Hearing

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

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding, completely separate from your criminal DUI case.
• Decides if License Suspension is Warranted: The purpose of the hearing is to determine whether the DMV has sufficient evidence to suspend your license.
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to show "preponderance of the evidence" (more likely than not) that you were driving under the influence, rather than "beyond a reasonable doubt."

How to Prepare

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or photos.
• Consider Hiring a DUI Attorney: A DUI attorney experienced with Colorado ALR hearings can help you navigate the process, present evidence effectively, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge several aspects of the case, including whether the officer had reasonable suspicion to stop you, whether you were properly advised of your rights under the implied consent law, and the accuracy of the chemical test results.

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, your license suspension will be overturned, and your driving privileges 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.

Hardship/Restricted License in Colorado offers limited options for hardship or restricted licenses during a DUI suspension.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your case and the length of the suspension.
• What You Can Drive For: A restricted license typically allows you to drive to and from work, school, medical appointments, and alcohol education/treatment programs.
• Costs and Application Process: The application process involves submitting paperwork to the DMV and paying a fee.
• IID Requirement: Often, 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: You must complete all requirements of your DUI sentence, including any alcohol education or treatment programs, community service, and payment of fines and court costs.
• Fees: You will need to pay a reinstatement fee to the Colorado DMV.
• SR-22 Insurance Requirement: You will likely be required to file an SR-22 form, demonstrating proof of financial responsibility (high-risk auto insurance), for a specified period. The SR-22 is filed electronically by the insurance underwriter directly with the Colorado DMV. Local brokers such as The Insurance Stops (e.g., 3750 E Pikes Peak Ave) facilitate SR-22 policies.
• Classes/Programs That Must Be Completed: As mentioned above, completion of court-ordered alcohol education or treatment programs is typically required. You can find a list of approved programs on the Colorado DMV website.

El Paso County DMV Offices

While the hearings are managed at the state level, you may need to visit a local DMV office for reinstatement or other related issues.

Special Programs

• Ignition Interlock Device Program: If required, you must install an IID in your vehicle through an approved vendor. Local providers serving El Paso County include Pitstop Interlock (Smart Start Network) at 2760 Janitell Rd, Colorado Springs, CO 80906; Intoxalock (at Ken's Automotive) at 3515 E St Vrain St, Colorado Springs, CO 80909; and LifeSafer at 2432 Hancock Expy, Colorado Springs, CO 80910.
• Continuous Alcohol Monitoring (CAM): Continuous Alcohol Monitoring (CAM), via an ankle bracelet (SCRAM), is a frequent mandate for PR bonds, repeat offenders, and participants in the DUI Court program. Providers in the El Paso region include Intervention, Inc. and Recovery Monitoring Solutions.

Frequently Asked Questions

Q: How long do I have to request an Express Consent hearing in El Paso County after a DUI arrest? A: You have only 15 days from the date of your arrest to request an Express Consent hearing with the Colorado Department of Revenue.

Q: Where in El Paso County can I find information on approved Ignition Interlock Device (IID) providers? A: While the Colorado DMV maintains a statewide list, local IID providers in El Paso County include Pitstop Interlock, Intoxalock (at Ken's Automotive), and LifeSafer, all located in Colorado Springs.

Q: What happens if I miss the deadline to request a DMV hearing after a DUI arrest in El Paso County? A: If you miss the 15-day deadline, your driver's license will be automatically suspended.

Sources

• Colorado DMV Alcohol and Drug Education and Treatment
• Colorado State Patrol: El Paso County Ranks #1 for Impaired Driving Arrests in 2023
• Counties with Highest Number Impairment Traffic Fatalities 2025
• Colorado Department of Revenue Hearings Homepage
• Colorado DMV Vehicle Services Hearings
• Colorado Department of Revenue Express Consent