Jefferson County Express Consent Hearing Guide

Jefferson County DUI License Suspension & ALR Hearing

After a DUI arrest in Jefferson County, Colorado, you face two separate but interconnected legal battles. The first is a criminal case in the Jefferson County Combined Court. The second is an administrative case handled by the Colorado Department of Revenue, specifically concerning your driving privileges. This guide focuses on the administrative side—the process that can lead to a license suspension and how to fight it through an Administrative License Revocation (ALR) hearing. Understanding this process and acting quickly is crucial to protecting your ability to drive.

CRITICAL DEADLINE: Request a Hearing Within 7 Days

Following a DUI arrest in Jefferson County, you have a very limited time to request an ALR hearing to challenge a potential license suspension. This deadline is 7 calendar days from the date of your arrest. Missing this deadline results in an automatic suspension of your driver's license.

To request a hearing, contact the Colorado Department of Revenue - Hearings Division:

• Where to Request: Colorado Department of Revenue - Hearings Division.
• How to Request: You can schedule your hearing by calling 303-205-5606.
• Consequences of Missing the Deadline: Failure to request a hearing within 7 days results in an automatic license suspension.

Automatic License Suspension

Even before your criminal case is resolved, the Colorado DMV can suspend your license based solely on the circumstances of your arrest. The grounds for this administrative suspension depend on whether you submitted to chemical testing (breath or blood) and the results, 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 the result was a Blood Alcohol Content (BAC) of 0.08 or higher, the DMV can suspend your license.

• BAC Over 0.08: The length of the suspension varies based on prior offenses and other factors.
• Temporary Permit: The arresting officer may have issued you a temporary driving permit, which is valid until your ALR hearing or until the suspension takes effect.

If You Refused Testing

Colorado, like most states, has an implied consent law. This means that by driving on Colorado roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusing to take a breath or blood test carries significant penalties. A striking trend in Colorado's DUI landscape is that over 50% of drivers arrested for DUI now refuse roadside chemical testing.

• Refusal Penalty: Refusing a breathalyzer triggers a "Persistent Drunk Driver" label, resulting in mandatory, expensive interlock devices and therapy. This designation also carries a longer license suspension than failing a test.
• Implied Consent Law in Colorado: Refusal to submit to testing can result in a one-year license revocation for a first offense, a two-year revocation for a second offense, and a three-year revocation for a third or subsequent offense.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the administrative suspension of your driver's license. It's a separate proceeding from your criminal case, with different rules and a lower burden of proof.

What It Is

• Separate from Criminal Court: The outcome of your ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decides if License Suspension is Warranted: The hearing officer will determine whether the DMV has sufficient evidence to suspend your license.
• Lower Burden of Proof Than Criminal Trial: The DMV only needs to prove its case by a preponderance of the evidence (more likely than not), rather than beyond a reasonable doubt.

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, videos, or photos.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Jefferson County can help you prepare for the hearing, present evidence, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge the validity of the traffic stop, the administration of the breath or blood test, and whether you were properly advised of your rights under the implied consent law.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DMV has met its burden of proof, your license will be suspended.
• Suspension Overturned: If the hearing officer finds that the DMV has not met its burden of proof, the suspension will be rescinded, and your driving privileges will be reinstated.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted license, allowing you to drive for limited purposes, such as work or school.

Hardship/Restricted License in Colorado law allows for a restricted license under certain circumstances, but it often requires the installation of an Ignition Interlock Device (IID).

• Eligibility Requirements: Eligibility depends on the reason for the suspension, prior driving record, and completion of certain requirements, such as alcohol education.
• What You Can Drive For: A restricted license typically allows driving for work, school, medical appointments, and substance abuse treatment.
• Costs and Application Process: The application process involves submitting paperwork to the DMV and paying a reinstatement fee.
• IID Requirement: Colorado mandates Ignition Interlock Devices (IID) for early license reinstatement and for all PDD-designated drivers.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: Complete all court-ordered requirements, such as alcohol education, therapy, and community service.
• Fees: Pay all applicable reinstatement fees to the DMV.
• SR-22 Insurance Requirement: File an SR-22 form—a certificate proving the driver maintains state-mandated liability insurance. Because a DUI flags the driver as high-risk, standard policies are often canceled. Defendants must utilize specialized brokers. The SR-22 must be maintained continuously for a period of time; any lapse triggers an automated notification to the DMV and an immediate re-suspension of the license.
• Classes/Programs That Must Be Completed: Ensure you complete all required alcohol education or treatment programs. The certified treatment provider must submit a formal DUI/DWAI Referral Summary (DRS form) to the state. Without this electronic verification, the DMV will block all attempts at license reinstatement.

Jefferson County DMV Offices

The closest DMV office to Jefferson County is:

• Lakewood DMV: 1881 Pierce Street, Room 164, Lakewood, CO 80214.

Special Programs

• Ignition Interlock Device Program: Colorado mandates Ignition Interlock Devices (IID) for early license reinstatement and for all PDD-designated drivers. These devices must be installed and calibrated locally by approved vendors.

Frequently Asked Questions

Q: How long do I have to request an ALR hearing in Jefferson County? A: You have only 7 calendar days from the date of your DUI arrest to request an ALR hearing with the Colorado Department of Revenue.

Q: What happens if I refuse a breathalyzer test in Jefferson County? A: Refusing a breathalyzer test in Jefferson County results in a longer license suspension and possible designation as a Persistent Drunk Driver (PDD), requiring an Ignition Interlock Device.

Q: Where do I go to reinstate my license after a DUI suspension in Jefferson County? A: You must contact the Colorado Department of Revenue, and may visit the Lakewood DMV office to begin the reinstatement process after fulfilling all requirements.

Sources

• Colorado Division of Motor Vehicles
• 2024 LEA Reports | Jefferson County, CO