Kiowa County License Hearing Guide

Kiowa County DUI License Suspension & ALR Hearing

A DUI arrest in Kiowa County triggers two separate legal processes: a criminal case in court, and an administrative action against your driver's license handled by the Colorado Department of Revenue, Division of Motor Vehicles (DMV). This guide focuses on the administrative license suspension and the steps you must take to protect your driving privileges. Failing to act quickly can result in an automatic license suspension, independent of the outcome of your criminal case.

CRITICAL DEADLINE: Request Hearing Within 10 Days

Following a DUI arrest in Kiowa County, you have a limited time to request an administrative hearing to challenge the potential suspension of your driver's license. You must request this hearing within TEN (10) days of your arrest. This is a hard deadline.

To request a hearing, contact the Colorado DMV Hearings Division. You can find information and resources on the Colorado DMV Hearings Homepage.

You can request the hearing through the following methods:

• Online: The fastest method is typically requesting a hearing online through the Colorado DMV Hearings Homepage.
• Phone: Contact the Colorado DMV Hearings Division.
• Mail: Send a written request to the Colorado DMV Hearings Division.

Missing this deadline results in an automatic suspension of your driver's license. There are very limited exceptions to this rule.

Automatic License Suspension

The Colorado DMV can automatically suspend your license under two primary circumstances following a DUI arrest.

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. The length of the suspension varies depending on your prior record.

You will receive a temporary driving permit, which is typically valid until your ALR hearing or until the suspension officially begins.

If You Refused Testing

Colorado has "implied consent" laws. This means that by driving on Colorado roads, you have implicitly consented to submit to chemical testing (breath or blood) if lawfully arrested for DUI. Refusing to take a breath or blood test carries significant penalties.

Refusal to submit to testing results in a longer license suspension than failing a test.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a separate proceeding from your criminal DUI case. It is conducted by the Colorado DMV to determine whether your driver's license should be suspended based on the circumstances of your arrest.

What It Is

The ALR hearing is an administrative hearing, not a criminal trial. The burden of proof is lower than in a criminal case. The DMV only needs to show by a preponderance of the evidence (more likely than not) that:

• The officer had probable cause to believe you were driving under the influence.
• You were driving or in actual physical control of a vehicle.
• Your BAC was 0.08 or higher, or you refused to submit to testing.

How to Prepare

Preparing for your ALR hearing is crucial. Consider the following:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, videos, or photos.
• Consult with a DUI Attorney: A DUI attorney can help you understand the law, prepare your case, and represent you at the hearing.
• Understand What You Can Challenge: You can challenge the probable cause for the stop, the accuracy of the BAC test, or whether you were actually driving.

Possible Outcomes

The ALR hearing can have three possible outcomes:

• Suspension Upheld: The DMV upholds the suspension, and your license is suspended for the statutory period.
• Suspension Overturned: The DMV overturns the suspension, and your license is reinstated.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted license, allowing you to drive for essential purposes.

Hardship/Restricted License in Colorado may grant a restricted license (also called a hardship license) under specific circumstances during a license suspension. Eligibility requirements and restrictions vary.

• Eligibility Requirements: Generally, you must demonstrate that you need to drive for work, school, medical appointments, or other essential purposes.
• What You Can Drive For: A restricted license typically allows you to drive only for specific purposes, such as commuting to work or attending medical appointments.
• Costs and Application Process: There are fees associated with applying for a restricted license. You must complete an application and provide supporting documentation.
• IID Requirement: Depending on the circumstances of your DUI and your prior record, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of receiving a restricted license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

Even if your criminal case is dismissed or you are acquitted, you still need to reinstate your license with the DMV after the suspension period.

• Reinstatement Requirements: You will likely need to pay a reinstatement fee to the DMV.
• Fees: Check the current reinstatement fee with the Colorado DMV.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance (proof of financial responsibility) for a specified period.
• Classes/Programs That Must Be Completed: You may be required to complete DUI education classes or therapy programs before your license can be reinstated.

Kiowa County DMV Offices

The DMV office closest to Kiowa County is:

• Eads Driver's License Office: This office is located in Eads, the county seat of Kiowa County. However, it operates under limited hours, typically only on Tuesdays and Wednesdays. Contact the Colorado DMV directly for the exact address and hours of operation.

Due to the limited hours of the Eads office, you may need to visit a DMV office in a neighboring county for faster service.

Special Programs

• Ignition Interlock Device (IID) Program: Colorado requires IIDs for many DUI offenders. The IID prevents the vehicle from starting if the driver's breath alcohol content exceeds a pre-set limit.
• Adult Diversion Programs: The 15th Judicial District, which includes Kiowa County, operates Adult Diversion programs. These programs are managed regionally, with the Adult Diversion Coordinator based out of Lamar. First-time offenders without aggravating circumstances may apply for these diversionary programs administered by the District Attorney's office, aimed at intensive rehabilitation over immediate incarceration.
• Monitored Abstinence (Repeat Offenders): According to the 15th Judicial District's bond schedule, any defendant arrested for a second DUI offense, or a DUI with any prior conviction under CRS 42-4-1301 in any jurisdiction, "monitored abstinence from the use of alcohol and illegal drugs" shall immediately be added as a mandatory condition of the bond prior to release. This requires the defendant to quickly source and fund continuous alcohol monitoring (such as SCRAM) while awaiting trial.

Frequently Asked Questions

Q: How long do I have to request an ALR hearing after a DUI arrest in Kiowa County? A: You have only 10 days from the date of your arrest to request an ALR hearing.

Q: Where will I be taken if arrested for DUI in Kiowa County? A: Because the Kiowa County Sheriff's Office does not operate a local detention center, you will likely be transported to either the Bent County Correctional Facility in Las Animas or the Prowers County Jail in Lamar.

Q: Can I attend my ALR hearing virtually if I live far from Kiowa County? A: While physical attendance is generally expected, the Kiowa County Combined Court has integrated WebEx capabilities for specific procedural hearings, status conferences, or extraordinary circumstances. If approved in advance by the judge, defendants or their out-of-county legal counsel can appear via WebEx (Meeting ID: 25929054379) or via telephone by dialing 720-650-7664.