Fremont County License Hearing Guide

Fremont County DUI License Suspension & ALR Hearing

A DUI arrest in Fremont County triggers two separate legal processes: a criminal case in court and an administrative case handled by the Colorado Department of Revenue, Division of Motor Vehicles (DMV). This guide focuses on the administrative process, specifically how to fight a license suspension and navigate the Administrative License Revocation (ALR) hearing. It’s crucial to understand that even if your criminal charges are dismissed in the Fremont Combined Court, the DMV can still revoke your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 7 Days

Following a DUI arrest in Fremont County, you face a strict deadline to request an Express Consent Hearing to challenge the potential suspension of your driver's license. According to Colorado's Express Consent Law, you have only seven (7) calendar days from the date of your arrest to request this hearing. This deadline is unforgiving.

**Where to Request:*You can request a hearing at any full-service DMV location in Colorado. However, given the time constraints and Fremont County's limited DMV hours, it's often best to bypass the local office entirely.

How to Request: Online: Submit your request through the state portal at mydmv.colorado.gov.

• Email: Send your request directly to the Express Consent Unit at dor_hearingrequest@state.co.us. This method provides a verifiable digital timestamp, ensuring your request is received within the deadline.
• In Person: You can visit the Fremont County Motor Vehicle Division located at 615 Macon Ave, Room 103, Cañon City, CO 81212. However, be aware of their limited hours: Monday – Thursday, 7:00 a.m. – 5:00 p.m. (CLOSED FRIDAYS).

**What Happens If You Miss the Deadline:*Missing the 7-day deadline results in an automatic suspension of your driver's license. This is known as the "7-Day Deadline Trap." The suspension will begin without a hearing, and you will lose your opportunity to challenge the revocation.

Automatic License Suspension

Your license can be automatically suspended based on the results of chemical testing (breath or blood) or if you refused to submit to testing.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol content (BAC) was 0.08 or higher, the Colorado DMV will likely suspend your license. The length of the suspension varies depending on prior offenses and other factors.
• Temporary Permit: After the arrest, the officer will confiscate your physical driver's license and replace it with a yellow paper document known as the Express Consent Affidavit and Notice of Revocation. This temporary permit is valid until your hearing or the start of your suspension.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty than failing the test in Colorado.
• Implied Consent Law: Colorado's implied consent law means that by driving on Colorado roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can result in a longer license suspension than a failed test.

The ALR/Administrative Hearing

What It Is

The ALR hearing, also known as the Express Consent Hearing, is a separate administrative proceeding held by the Colorado DMV. It is entirely independent of your criminal court case. The purpose of the hearing is to determine whether the DMV is justified in suspending your driver's license.

• Separate from Criminal Court: Even if you win your criminal DUI case, you can still lose your license at the ALR hearing.
• Decide if License Suspension Is Warranted: The hearing officer will review evidence to determine if there was probable cause for the DUI arrest and if your BAC was above the legal limit (or if you refused testing).
• Lower Burden of Proof: The DMV only needs to prove its case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard in criminal court.

How to Prepare

Proper preparation is critical for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney familiar with Fremont County and Colorado DMV procedures can represent you at the hearing, present evidence, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge the validity of the traffic stop, the accuracy of the BAC testing, and whether you were properly advised of your rights.

Possible Outcomes

• Suspension Upheld: The hearing officer finds sufficient evidence to support the license suspension.
• Suspension Overturned: The hearing officer finds that the DMV did not meet its burden of proof, 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 specific purposes, such as work or school.

Hardship/Restricted License in Colorado offers limited options for hardship or restricted licenses during a DUI suspension. Generally, a restricted license is only available after a certain period of suspension has passed and specific requirements are met.

• Eligibility Requirements: Requirements typically include completing Level I or Level II alcohol education and therapy, installing an ignition interlock device (IID), and maintaining SR-22 insurance.
• What You Can Drive For: A restricted license typically allows driving only for essential purposes, such as going to work, school, medical appointments, or court-ordered treatment.
• Costs and Application Process: The application process involves submitting required documentation to the DMV and paying applicable fees.
• IID Requirement: An ignition interlock device (IID) is often a mandatory condition for obtaining a restricted license after a DUI in Colorado.

Getting Your License Back

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: Complete all court-ordered requirements, including fines, community service, and alcohol education/therapy.
• Fees: Pay the required reinstatement fee to the Colorado DMV.
• SR-22 Insurance Requirement: Obtain SR-22 insurance, a certificate of financial responsibility, and maintain it for a specified period.
• Classes/Programs That Must Be Completed: Successfully complete any required Level I or Level II alcohol education and therapy programs.

Fremont County DMV Offices

The Fremont County Motor Vehicle Division is located at:

• Fremont County Motor Vehicle Division: 615 Macon Ave, Room 103, Cañon City, CO 81212
• Phone: (719) 276-7440
• Hours: Monday – Thursday, 7:00 a.m. – 5:00 p.m. (CLOSED FRIDAYS)

For standard administrative tasks that do not require speaking to a clerk, Fremont County operates an "MV Express Kiosk" located inside the City Market grocery store at 1703 Fremont Dr, Cañon City. This kiosk is accessible seven days a week from 6:00 a.m. to 11:00 p.m.

Special Programs

• Ignition Interlock Device Program: Colorado requires the installation of an IID for repeat offenders and those with high BAC levels.
• SOBER Court (DWI Court): Fremont County operates a designated SOBER Court (DWI Court), coordinated by Jodi Agnes, specifically for repeat impaired driving offenders. This program requires intensive supervision, frequent testing, and mandatory therapy. Participation can be an alternative to mandatory jail sentences.

Frequently Asked Questions

**Q: How long do I have to request an Express Consent Hearing in Fremont County after a DUI arrest?*A: You have only seven (7) calendar days from the date of your arrest to request an Express Consent Hearing. This deadline is strictly enforced.

**Q: Can I still drive if I request an Express Consent Hearing?*A: The Express Consent Affidavit and Notice of Revocation serves as a temporary permit until the hearing or the start of the suspension period.

**Q: Where can I request an Express Consent Hearing if the Fremont County DMV is closed on Fridays?*A: You can submit the request electronically via email to dor_hearingrequest@state.co.us or through the state portal at mydmv.colorado.gov to ensure a verifiable digital timestamp.