Grand County License Hearing Guide

Grand County DUI License Suspension & ALR Hearing: Act Fast to Save Your Driving Privileges

A DUI arrest in Grand County, Colorado, can trigger two separate legal processes: a criminal case and an administrative action against your driver's license. This guide focuses on the administrative side – specifically, the potential suspension of your license by the Colorado Department of Revenue and the Administrative License Revocation (ALR) hearing process. Understanding this process and acting quickly is crucial to protecting your ability to drive.

Time is of the essence. You have a very limited window to challenge a potential license suspension. Don't delay!

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

After a DUI arrest in Grand County, you have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing with the Colorado Department of Revenue, Division of Motor Vehicles (DMV). This hearing is your opportunity to challenge the potential suspension of your driver's license.

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

How to Request: You must request the hearing. The arresting officer will not do this for you. You can request the hearing through one of the following methods (check your paperwork from the arresting officer to confirm the specific instructions for your case, as methods can vary slightly):

• Online: Visit the Colorado DMV website (search "Colorado DMV ALR Hearing Request"). Look for the section related to DUI license suspensions and follow the online instructions. You will likely need your driver's license number and the case number from your DUI arrest.
• Phone: Call the Colorado DMV's Driver Control Section. The number should be on the paperwork you received at the time of your arrest. Be prepared to provide your driver's license information and details about your arrest.
• Mail: Send a written request to the Colorado DMV's Driver Control Section. Include your full name, date of birth, driver's license number, mailing address, the date of your arrest, and a clear statement that you are requesting an ALR hearing to challenge the suspension of your driver's license. Send it certified mail with return receipt requested to ensure proof of delivery. The address will be provided on your paperwork from the arresting officer.

What Happens If You Miss the Deadline: If you fail to request a hearing within the 15-day deadline, your driver's license will be automatically suspended. There is very little recourse once this deadline passes. Don't let this happen!

Automatic License Suspension

Whether your license is suspended automatically depends on whether you submitted to a breath or blood test and the results of that test, or if you refused testing altogether.

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 found to be 0.08 or higher, your license will be subject to suspension.

• BAC over 0.08: The length of the suspension will depend on factors such as prior DUI offenses and your BAC level. Generally, a first offense with a BAC over 0.08 carries a suspension period.
• Temporary Permit: The arresting officer likely provided you with a temporary driving permit. This permit is usually valid until your ALR hearing or until the suspension period officially begins. Pay close attention to the expiration date on the temporary permit.

If You Refused Testing

Refusing to submit to a breath or blood test carries significantly harsher penalties in Colorado.

• Refusal Penalty: A refusal to take a chemical test (breath or blood) typically results in a longer license suspension than failing the test.
• Implied Consent Law in Colorado: Colorado, like most states, has an implied consent law. This law states that by driving on Colorado roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this implied consent can result in severe consequences.

The ALR/Administrative Hearing

The ALR hearing is a critical step in fighting a license suspension. Understanding what it is and how to prepare is essential.

What It Is

• Separate from Criminal Court: The ALR hearing is entirely separate from the criminal DUI proceedings. The outcome of the ALR hearing does not necessarily dictate the outcome of your criminal case, and vice versa.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the Colorado DMV has sufficient evidence to suspend your driver's license.
• Lower Burden of Proof Than Criminal Trial: The standard of proof required to suspend your license at the ALR hearing is lower than the "beyond a reasonable doubt" standard required for a criminal conviction. The DMV only needs to show that it is more likely than not that you were driving under the influence.

How to Prepare

Proper preparation for your ALR hearing is vital.

• Gather Evidence: Collect any evidence that supports your case. This may include witness statements, video footage (if available), receipts, and any other documentation that can challenge the basis for the suspension.

• Consider Hiring a DUI Attorney: A DUI attorney experienced with Colorado ALR hearings can be invaluable. An attorney can help you understand your rights, gather evidence, prepare your case, and represent you at the hearing. They can also cross-examine witnesses and present legal arguments on your behalf.

• Understand What You Can Challenge: At the ALR hearing, you can challenge the following:

• Whether the arresting officer had probable cause to stop you.

• Whether the officer had reasonable grounds to believe you were driving under the influence.

• Whether you were properly advised of your rights under the implied consent law.

• Whether the breath or blood test was administered correctly and the results are accurate.

• Whether you actually refused the test (if applicable).

Possible Outcomes

The ALR hearing can result in one of several outcomes:

• Suspension Upheld: The DMV finds sufficient evidence to support the suspension, and your license is suspended.
• Suspension Overturned: The DMV does not find sufficient evidence to support the suspension, and your license is not suspended.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license (see below).

Hardship/Restricted License in Colorado

Even if your license is suspended, you may be able to obtain a restricted or hardship license to allow you to drive for essential purposes.

• Eligibility Requirements: Eligibility for a restricted license depends on the circumstances of your case, including whether you refused testing, your BAC level, and any prior DUI offenses.
• What You Can Drive For: A restricted license typically allows you to drive to and from work, school, medical appointments, and other essential activities.
• Costs and Application Process: Applying for a restricted license involves completing an application, paying a fee, and providing documentation to support your need for driving privileges.
• IID Requirement: In many cases, 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: After your criminal case concludes and your suspension period is over, you will need to meet certain requirements to reinstate your license.
• Fees: You will likely need to pay a reinstatement fee to the Colorado DMV.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs That Must Be Completed: Depending on the circumstances of your case, you may be required to complete alcohol education classes or other programs.

Grand County DMV Offices

Unfortunately, Grand County does not have a full-service DMV office. The closest options are:

• Department of Revenue Motor Vehicle Office - Granby
• Address: 405 W. Agate Ave, Granby, CO 80446
• (970) 887-3373
• Note: This is a County Clerk office that handles limited DMV services such as vehicle registration and titling. It does NOT handle Driver's License issues.
• Nearest Full-Service DMV: You will need to travel to a neighboring county for full driver's license services. Check the Colorado DMV website (Colorado.gov/dmv) for locations and hours. Popular choices might include offices in Summit County (Breckenridge) or Eagle County (Eagle). Always call ahead to confirm services offered and hours of operation.

Special Programs

• Ignition Interlock Device Program: This program allows individuals with a suspended license to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: This type of restricted license allows driving for work-related purposes. Eligibility criteria and restrictions apply.
• Useful links from the State of Colorado:
• Colorado Department of Revenue - Driver Services
• Colorado DUI Laws

Disclaimer: This information is for general guidance only and should not be considered legal advice. DUI laws and procedures are complex and subject to change. It is essential to consult with a qualified Colorado DUI attorney to discuss your specific situation.