Elbert County License Hearing Guide

Elbert County DUI License Suspension & ALR Hearing: Act FAST to Protect Your Driving Privileges

Being arrested for a DUI in Elbert County, Colorado, can be a frightening experience. Beyond the criminal charges, you're also facing a potential license suspension. It's crucial to understand that there are two separate legal processes at play: the criminal case in court and an administrative process regarding your driver's license. This guide focuses on the administrative side, specifically the license suspension process and the important Administrative License Revocation (ALR) hearing. Time is of the essence. You have a very short window to act!

Your License After a DUI Arrest in Elbert County

After a DUI arrest in Elbert County, the arresting officer likely confiscated your driver's license and issued you a temporary driving permit. This permit is not a guarantee that you can keep driving. It's a temporary measure, and your license will be automatically suspended unless you take immediate action. The administrative process, handled by the Colorado Department of Revenue, Division of Motor Vehicles (DMV), determines whether your driving privileges will be suspended independently of the criminal court proceedings. Even if you are ultimately found not guilty in criminal court, your license can still be suspended administratively.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the single most important piece of information: You have only 15 days from the date of your DUI arrest to request an ALR hearing. This hearing is your opportunity to challenge the suspension of your driver's license. Missing this deadline has severe consequences.

• Where to Request: The Colorado Department of Revenue, Division of Motor Vehicles (DMV).

• How to Request: While specifics can vary and it's best to confirm directly with the DMV, you can typically request a hearing through one of the following methods:

• Online: Check the Colorado DMV website (dmv.colorado.gov) for online ALR hearing request options. Look for sections related to DUI or license suspensions.

• Phone: Contact the Colorado DMV's driver services division. The number will vary, so check the DMV website. Be prepared to provide your driver's license number and details of your arrest.

• Mail: Send a written request to the Colorado DMV, Driver Control Section. It's HIGHLY recommended to send it via certified mail with return receipt requested to prove you sent it on time. Include your full name, date of birth, driver's license number, date of arrest, arresting agency, and a clear statement that you are requesting an ALR hearing regarding your DUI arrest. Address information can be found on the Colorado DMV website.

• What Happens If You Miss the Deadline: If you fail to request a hearing within the 15-day deadline, your license will be automatically suspended. There are very few exceptions to this rule, so don't delay!

Automatic License Suspension

The grounds for automatic license suspension in a Colorado DUI case depend on whether you submitted to chemical testing (breath or blood) and 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, your license will be suspended. The standard suspension period for a first offense with a BAC over 0.08 is typically 9 months in Colorado, but this can be influenced by other factors.

• Temporary Permit Valid Until Hearing or Suspension Begins: The temporary permit you received at the time of your arrest is valid until the date of your ALR hearing (if you requested one) or until the date the suspension goes into effect if you did not request a hearing.

If You Refused Testing

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

• Implied Consent Law in Colorado: Colorado, like most states, operates under 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 submit to testing can result in the penalties described above, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

The ALR hearing is your chance to fight the license suspension before it takes effect (or to shorten it).

What It Is

• Separate from Criminal Court: It's crucial to remember that the ALR hearing is a civil proceeding, completely separate from your criminal DUI case. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.

• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DMV 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 DMV only needs to show "probable cause" to believe you were driving under the influence, not "beyond a reasonable doubt."

How to Prepare

Proper preparation is essential to maximizing your chances of a favorable outcome at the ALR hearing.

• Gather Evidence (Witness Statements, Video, etc.): If there are any witnesses who can testify on your behalf, obtain their statements. If there is any video evidence (e.g., dashcam footage) that could support your case, obtain it.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Colorado ALR hearings can provide invaluable assistance. They can help you understand the law, gather evidence, prepare for the hearing, and represent you before the hearing officer. An attorney will know the specific arguments that are most likely to be successful.

• Understand What You Can Challenge: You can challenge several aspects of the DMV's case, including:

• Whether the officer had probable cause to stop you.

• Whether the officer had probable cause to believe you were driving under the influence.

• Whether you were properly advised of your rights regarding chemical testing.

• Whether the chemical test was administered correctly.

• Whether the BAC results are accurate.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DMV had sufficient grounds to suspend your license, the suspension will be upheld.

• Suspension Overturned: If the hearing officer finds that the DMV did not have sufficient grounds to suspend your license, 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

While the specifics can change, Colorado often allows for some form of restricted driving privileges during a license suspension.

• Eligibility Requirements: Eligibility requirements vary, but often include demonstrating a need to drive for work, school, or medical appointments.

• What You Can Drive For (Work, School, Medical): Restricted licenses typically specify the permissible driving purposes, such as driving to and from work, school, medical appointments, or substance abuse treatment.

• Costs and Application Process: Applying for a restricted license involves an application fee and providing documentation to support your need to drive. The application process details are available on the Colorado DMV website.

• IID Requirement: In some cases, a restricted license may be contingent upon installing an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

The process of getting your license back after a DUI suspension in Elbert County involves several steps.

After Criminal Case Concludes

While the ALR hearing addresses the administrative suspension, your criminal case can also impact your driving privileges.

• Reinstatement Requirements: After your suspension period ends, you will need to meet certain reinstatement requirements, including paying reinstatement fees, providing proof of insurance, and completing any required DUI education or treatment programs.

• Fees: Reinstatement fees vary and are set by the Colorado DMV.

• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, a certificate of financial responsibility, for a specified period.

• Classes/Programs that Must Be Completed: Depending on the specifics of your case, you may be required to complete DUI education classes, therapy, or other programs.

Elbert County DMV Offices

Since Elbert County has no incorporated towns or cities, residents typically use DMV locations in nearby counties. Check the Colorado DMV website (dmv.colorado.gov) for the most up-to-date information, including addresses and hours of operation, for the following locations:

• Douglas County DMV (Castle Rock):
• Arapahoe County DMV (Centennial, Aurora):
• El Paso County DMV (Colorado Springs):

Always confirm hours and services offered before visiting.

Special Programs

• Ignition Interlock Device Program: The IID program allows individuals with suspended licenses to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath.

• Occupational License: While less common, Colorado may offer occupational licenses in certain circumstances. These licenses allow individuals to drive for work-related purposes even when their license is suspended.

• State-Specific Programs: The Colorado DMV offers various other programs and resources for drivers with suspended licenses. Check their website for details.

Disclaimer: This information is for general guidance only and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Elbert County, Colorado, to discuss your specific situation and protect your rights. The laws and procedures related to DUI and license suspensions can change, so it is crucial to seek up-to-date legal advice. Remember, the 15-day deadline to request an ALR hearing is critical – act now!