Gunnison County License Hearing Guide

Gunnison County DUI License Suspension & ALR Hearing

After a DUI arrest in Gunnison County, you face two separate legal battles: a criminal case in court and an administrative license revocation (ALR) process handled by the Colorado Department of Revenue, Division of Motor Vehicles (DMV). It’s crucial to understand that these are distinct. Even if your criminal charges are dismissed, you can still lose your driving privileges through the administrative process. This guide focuses on navigating the ALR hearing to protect your driver's license.

CRITICAL DEADLINE: Request Hearing Within 7 Days

You have only 7 calendar days from the date of your DUI arrest to request an administrative hearing to challenge the potential suspension of your driver’s license. This is a strict deadline. Missing it results in an automatic license suspension.

Where to Request: You can request a hearing through the following methods:

• Online: Through the myDMV.colorado.gov portal.
• Mail: Send your request via US Mail to PO Box 17087, Denver, CO 80217.
• In Person: File your request at the Gunnison State Driver License Office, located at 302 N. Main Street, Gunnison, CO 81230.

How to Request: The request must be submitted in writing. The online portal provides a guided process. If mailing, ensure your request includes your full name, date of birth, driver's license number, and a clear statement that you are requesting an administrative hearing to contest the license revocation.

What Happens If You Miss the Deadline: If you fail to request a hearing within 7 days, your license will automatically be suspended. For a first-time offense, this suspension can last for a minimum of 9 months.

Gold Dust: Local attorneys highly recommend requesting the hearing in person at the Gunnison Driver License Office. By filing in person, you physically surrender your license and receive a temporary driving permit valid for up to 60 days or until the hearing concludes.

Automatic License Suspension

Colorado's "Express Consent" law means that by driving on Colorado roads, you've implicitly agreed to submit to chemical testing (breath or blood) if suspected of DUI. Refusal to submit to testing carries severe penalties.

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 length of the suspension varies based on prior offenses.
• Temporary Permit: If you requested an ALR hearing, you may receive a temporary permit allowing you to drive until the hearing date or until the suspension officially begins.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test results in a longer license suspension than failing the test.
• Implied Consent Law: Under Colorado's implied consent law, refusing a chemical test triggers an immediate license revocation.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding, separate from your criminal case. Its sole purpose is to determine whether the Colorado DMV was justified in suspending your driver's license. The hearing is conducted by a hearing officer from the Motor Vehicle Hearings Division, typically via telephone or video conference.

The burden of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to show that it's more likely than not that you were driving under the influence.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, or expert testimony challenging the accuracy of the breath or blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Gunnison County can help you navigate the ALR process, present your case effectively, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge various aspects of the case, including the legality of the initial stop, the administration of the breath or blood test, and whether you were actually driving under the influence. A critical and frequently successful defense strategy during Colorado Express Consent hearings involves explicitly checking the box to request the arresting officer's presence when filing the hearing request document. The officer named on the Affidavit must appear.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds sufficient evidence that you were driving under the influence, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DMV did not meet 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 under specific circumstances.

Hardship/Restricted License in Colorado may allow you to apply for a restricted license, allowing you to drive for essential purposes, even during a suspension.

• Eligibility Requirements: Eligibility varies based on the length of your suspension and whether you've completed any required DUI education or therapy.
• What You Can Drive For: Typically, restricted licenses allow driving for work, school, medical appointments, and court-ordered treatment.
• Costs and Application Process: There are fees associated with applying for a restricted license. The application process involves submitting documentation to the DMV demonstrating your need for driving privileges.
• IID Requirement: In many cases, obtaining a restricted license requires installing an ignition interlock device (IID) in your vehicle.

Getting Your License Back

After Criminal Case Concludes

Even if your criminal case is resolved favorably, you still need to take steps to reinstate your license after the suspension period ends.

• Reinstatement Requirements: Reinstatement typically involves paying fees to the DMV and demonstrating proof of insurance.
• Fees: Reinstatement fees vary depending on the length of the suspension and the number of prior offenses.
• SR-22 Insurance Requirement: You'll likely need to obtain SR-22 insurance, a certificate of financial responsibility demonstrating that you have adequate auto insurance coverage.
• Classes/Programs That Must Be Completed: Depending on the circumstances of your DUI, you may need to complete DUI education or therapy programs before your license can be reinstated.

Gunnison County DMV Offices

Gunnison State Driver License Office Address: 302 N. Main Street, Gunnison, CO 81230

• Phone: (303) 205-5600 or scheduling line (720) 295-2965
• Hours: Monday - Friday: 8:00 AM - 5:00 PM (Closed for lunch 12:00 PM - 1:00 PM)

Special Programs

• Ignition Interlock Device Program: Colorado requires IIDs for repeat offenders and those with high BAC levels.
• Law Enforcement Assistance Fund (LEAF): Gunnison County agencies actively participate in the state-administered Law Enforcement Assistance Fund (LEAF), a statutory program funded by a $90 fine assessed to convicted DUI offenders. This program subsidizes overtime pay for officers to conduct high-visibility saturation patrols and sobriety checkpoints.

Frequently Asked Questions

Q: Where is the Intoxilyzer-9000 testing machine located in Gunnison County? A: The Intoxilyzer-9000 is located at the Gunnison County Detention Center.

Q: What happens if I arrive at the Gunnison DMV at 11:50 AM on the last day to request a hearing? A: You risk missing the deadline because the office closes for lunch from 12:00 PM to 1:00 PM. Plan to arrive in the morning.

Q: What is the primary highway corridor targeted for DUI enforcement in Gunnison County? A: Enforcement heavily targets the Highway 135 corridor (connecting Gunnison to Crested Butte) and the Highway 50 corridor traversing the county.