Jefferson County Express Consent Hearing Guide

Jefferson County DUI License Suspension & ALR Hearing

A DUI arrest in Jefferson County, Colorado, can be a frightening and confusing experience. While you're dealing with the immediate shock and potential criminal charges, it's crucial to understand that your driver's license is also at risk. The Colorado Department of Revenue, Division of Motor Vehicles (DMV) handles administrative license suspensions, which are separate from the criminal court proceedings. This guide will walk you through the process of a DUI license suspension and the Administrative License Revocation (ALR) hearing, providing you with the information you need to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Time is of the essence. Following a DUI arrest in Jefferson County, you have an extremely limited window to act. You MUST request an ALR hearing within 15 days of your arrest. This is a critical deadline, and missing it will result in an automatic suspension of your driver's license.

Where to Request: The request must be made to the Colorado Department of Revenue, Division of Motor Vehicles (DMV).

How to Request: You can request the hearing online, by phone, or by mail.

• Online: The most efficient way is to request the hearing online through the Colorado DMV's website. Look for the "Request an ALR Hearing" option. You'll need information from your arrest paperwork, including your driver's license number and case number (if available).
• Phone: You can also request a hearing by calling the Colorado DMV. Be prepared for potential wait times. Find the relevant DMV phone number for ALR hearings on the Colorado DMV website.
• Mail: While less recommended due to the tight deadline, you can mail a written request to the Colorado DMV. Ensure it's postmarked within the 15-day window. Include your name, date of birth, driver's license number, address, and a clear statement that you are requesting an ALR hearing related to your DUI arrest in Jefferson County on [Date of Arrest]. Keep a copy of the letter and the postmarked envelope for your records.

What Happens If You Miss The Deadline: If you fail to request an ALR hearing within 15 days of your DUI arrest, your driver's license will be automatically suspended. This means you will lose your driving privileges for a period of time, even before your criminal case is resolved. Don't let this happen! Act quickly.

Automatic License Suspension

After a DUI arrest, the Colorado DMV will initiate an administrative license suspension based on the circumstances of your arrest. This suspension is independent of any criminal penalties you may face.

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 suspension period for a first offense is generally .
• Temporary Permit: Upon your arrest, you should have received a temporary driving permit. This permit is typically valid until your ALR hearing date or until the suspension officially begins if you don't request a hearing or if the suspension is upheld at the hearing.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty. Colorado, like most states, has an implied consent law.
• Implied Consent Law in Colorado: By driving on Colorado roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing results in an automatic license suspension, typically for a longer period than a failed test. This suspension is generally .

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate From Criminal Court: It is crucial to understand that the ALR hearing is entirely separate from your criminal DUI case. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decide If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the police had probable cause to arrest you for DUI and whether your BAC was above the legal limit (if you took a test) or whether you refused testing.
• Lower Burden of Proof Than Criminal Trial: The burden of proof at an ALR hearing is lower than in a criminal trial. The DMV only needs to show by a preponderance of the evidence (more likely than not) that the suspension is warranted. This makes it more difficult to win an ALR hearing than to be found not guilty in a criminal trial.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements from people who were with you before your arrest.
• Video footage from dashcams or security cameras.
• Medical records that could explain a high BAC reading.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Jefferson County ALR hearings can be invaluable. They understand the legal procedures, can cross-examine witnesses, and present your case effectively. They can also help you navigate the complexities of Colorado DUI law.
• Understand What You Can Challenge: You can challenge the following at the ALR hearing:
• Whether the police had probable cause to stop you.
• Whether the police had probable cause to arrest you for DUI.
• Whether you were properly advised of your rights under the implied consent law.
• Whether the breath or blood test was properly administered and the results are accurate.
• Whether you actually refused to submit to testing.

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, your license 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 limited purposes, such as work or school.

Hardship/Restricted License in Colorado

Even if your license is suspended, you may be eligible for a restricted license, also known as a hardship license, in Colorado.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your case. Generally, you must demonstrate a genuine need to drive for work, school, medical appointments, or other essential purposes. You may also be required to install an ignition interlock device (IID).
• What You Can Drive For: A restricted license typically allows you to drive only for specific purposes, such as commuting to and from work, attending school, or going to medical appointments. You will need to provide documentation to support your need to drive for these purposes.
• Costs and Application Process: The application process for a restricted license involves submitting an application to the Colorado DMV and paying a fee. You may also need to provide proof of insurance and other required documentation.
• IID Requirement: In many cases, obtaining a restricted license requires the installation of an ignition interlock device (IID) in your vehicle. An IID is a breathalyzer device that prevents you from starting your car if you have alcohol in your system.

Getting Your License Back

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

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will typically need to:
• Serve the full suspension period.
• Pay a reinstatement fee to the Colorado DMV.
• Provide proof of SR-22 insurance.
• Complete any required alcohol education or treatment programs.
• Fees: Reinstatement fees vary and can be found on the Colorado DMV website.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required auto insurance coverage. You may be required to maintain SR-22 insurance for a period of time after your license is reinstated.
• Classes/Programs That Must Be Completed: Depending on the severity of your DUI and the terms of your sentence, you may be required to complete alcohol education classes or treatment programs.

Jefferson County DMV Offices

• Lakewood DMV: , [Hours]
• Arvada DMV: , [Hours]
• Golden DMV: , [Hours]

Please verify addresses and hours on the official Colorado DMV website before visiting.

Special Programs

• Ignition Interlock Device Program: The Colorado IID program allows individuals convicted of DUI to drive with an IID installed in their vehicle. This allows them to maintain some driving privileges while serving their suspension.
• Occupational License: An occupational license may be available in some limited circumstances, allowing you to drive for work-related purposes even if your license is suspended.

This guide provides general information and should not be considered legal advice. If you have been arrested for DUI in Jefferson County, Colorado, it is essential to consult with a qualified DUI attorney as soon as possible to protect your rights and navigate the complex legal process. The 15-day deadline for requesting an ALR hearing is critical. Don't delay!