Huerfano County License Hearing Guide

Huerfano County DUI License Suspension & ALR Hearing

After a DUI arrest in Huerfano County, Colorado, you face two separate legal battles: a criminal case in court and an administrative case with the Colorado Department of Motor Vehicles (DMV). This guide focuses on the administrative side, specifically the potential suspension of your driver's license and how to fight it through an Administrative License Revocation (ALR) hearing. Understanding this process is crucial because your driving privileges are at stake, regardless of the outcome of your criminal case.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Huerfano County, you have a very limited time to protect your driving privileges. You must request an ALR hearing within 15 days of your arrest. This deadline is unforgiving.

To request a hearing, you can use the online portal or mail a request to the Colorado DMV.

Missing this 15-day deadline results in an automatic suspension of your driver's license. There are very limited exceptions to this rule, so act quickly. Speed is Paramount: Immediate online request is safer than relying on the Walsenburg office hours.

Automatic License Suspension

Even before your criminal case is resolved, the Colorado DMV can suspend your license based on the circumstances of your arrest. This suspension is triggered in two primary ways: failing or refusing a chemical test.

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 DMV will likely suspend your license. In Colorado, a BAC of 0.08 or more constitutes a DUI under C.R.S. 42-4-1301.

• Suspension Period: The length of the suspension varies depending on your prior record and BAC level.
• Temporary Permit: The officer may have issued you a temporary driving permit. This permit is valid until your ALR hearing or the start date of your suspension, whichever comes first.

If You Refused Testing

Under Colorado's "Express Consent" law, driving on Colorado roads implies your consent to submit to chemical testing if lawfully arrested for DUI. 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. Refusal results in immediate administrative revocation and a "Persistent Drunk Driver" designation, even for a first offense. This carries mandatory interlock requirements of at least two years.
• Implied Consent Law: Colorado's implied consent law means you are deemed to have already agreed to testing by driving on state roads.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the DMV's decision to suspend your license.

What It Is

• Separate from Criminal Court: This is a civil proceeding, entirely separate from your criminal DUI case. The outcome of the ALR hearing does not directly affect your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The hearing officer will determine whether the DMV has sufficient evidence to justify suspending your license.
• Lower Burden of Proof: The DMV only needs to prove its case by a "preponderance of the evidence," a lower standard than the "beyond a reasonable doubt" standard in criminal court.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available – securing this footage is the single most critical step in defending a CSP-initiated case in Huerfano County), or documentation of any medical conditions that might have affected your performance on field sobriety tests.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Huerfano County can guide you through the process, present your case effectively, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge various aspects of the DMV's case, including whether the officer had reasonable suspicion to stop you, whether you were properly advised of your rights under the Express Consent law, and whether the chemical test was administered correctly.

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, the 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, allowing you to drive for specific purposes, such as work or medical appointments.

Hardship/Restricted License in Colorado law allows for a restricted license under certain circumstances, providing limited driving privileges during a suspension.

• Eligibility Requirements: Eligibility depends on the reason for the suspension and whether you meet specific criteria, such as installing an Ignition Interlock Device (IID).
• What You Can Drive For: Typically, a restricted license allows you to drive to and from 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: Often, obtaining a restricted license requires installing an IID on your vehicle.

Getting Your License Back

Reinstating your license after a DUI-related suspension involves several steps.

After Criminal Case Concludes

The requirements for reinstatement depend on the outcome of your criminal case and the terms of any plea agreement.

• Reinstatement Requirements: Common requirements include paying reinstatement fees, completing alcohol education or therapy programs, and maintaining SR-22 insurance.
• Fees: A reinstatement fee of ~$95 is required.
• SR-22 Insurance Requirement: You will likely need to obtain and maintain SR-22 insurance, which is a certificate of financial responsibility for high-risk drivers.
• Classes/Programs That Must Be Completed: Depending on your conviction, you may be required to complete Level II Alcohol Education and/or Therapy. Level II Education is 24 hours (12 weeks). Therapy Tracks vary: Track A (42 hrs): 1st offense, BAC < 0.15; Track B (52 hrs): 1st offense, BAC ≥ 0.15 or Refusal; Track C (68 hrs): Prior offenses, BAC < 0.15; Track D (86 hrs): Prior offenses, BAC ≥ 0.15 or Refusal.

Huerfano County DMV Offices

The closest DMV location is not in Huerfano County, but in a neighboring county.

• Trinidad DMV Office
• Address: 700 East Main Street, Suite 5, Trinidad, CO 81082
• Hours: Check online for current hours of operation.

Special Programs

• Ignition Interlock Device Program: Colorado requires IIDs for many DUI offenders, especially those with high BACs or prior offenses. J.M. Tire (928 S Main St) is the local Smart Start provider.
• Occupational License: In some cases, you may be able to obtain an occupational license that allows you to drive for work-related purposes only.

Navigating the DUI license suspension process in Huerfano County can be complex. Understanding your rights, meeting deadlines, and seeking legal guidance are essential steps to protecting your driving privileges.

Frequently Asked Questions

1. Where will my breath test be administered in Huerfano County? Breath tests are typically performed on an Intoxilyzer 9000 at the Huerfano County Sheriff's Office or the Walsenburg Police Department station.
2. If I refuse a blood test, will I be designated a Persistent Drunk Driver? Yes, refusal results in immediate administrative revocation and a "Persistent Drunk Driver" designation, even for a first offense. This carries mandatory interlock requirements of at least two years.
3. What court handles DUI cases in Huerfano County? Misdemeanor DUI cases (1st, 2nd, and 3rd offenses) are handled by the Huerfano County Combined Court, with Hon. Dawn M. Mann presiding. Felony DUIs are handled by District Court Judge Hon. J. Clay McKisson III.