Kit Carson County License Hearing Guide

Kit Carson County DUI License Suspension & ALR Hearing

A DUI arrest in Kit Carson County, Colorado, can be a frightening experience. Beyond the criminal charges, you face an immediate threat to your driving privileges. It's crucial to understand that there are two separate legal processes at play: the criminal case in court and an administrative action concerning your driver's license handled by the Colorado Department of Revenue, Division of Motor Vehicles (DMV). This guide focuses on the administrative side, specifically the license suspension and the Administrative License Revocation (ALR) hearing. Time is of the essence!

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Kit Carson County, you have a very limited window to protect your driving privileges. You must request an ALR hearing within 15 days of your arrest. This is a hard deadline. Missing it will result in an automatic suspension of your driver's license.

Where to Request: The hearing is requested through the Colorado Department of Revenue, Division of Motor Vehicles (DMV).

How to Request: You can request the hearing through the following methods:

• Online: Visit the Colorado DMV website (search for "Colorado DMV ALR hearing request") and follow the online instructions. This is often the fastest and most reliable method.
• By Phone: Call the Colorado DMV's Driver Control Section. The specific number for ALR hearings can be found on the DMV website or on the paperwork you received at the time of your arrest. Be prepared to provide your driver's license number and other identifying information.
• By Mail: Send a written request to the Colorado DMV's Driver Control Section. Include your full name, date of birth, driver's license number, current address, and a clear statement requesting an ALR hearing related to your DUI arrest. It is highly recommended to send this via certified mail with return receipt requested so you have proof of timely submission. Obtain the address from the DMV website.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your Colorado driver's license will be automatically suspended. There are very few exceptions to this rule, so act quickly. The suspension will begin based on whether you submitted to or refused chemical testing (breath or blood).

Automatic License Suspension

Even if you request an ALR hearing, your license could still be subject to an automatic suspension, pending the outcome of that hearing. The length of the suspension depends on whether you took a breath or blood test and what the results were, or if you refused testing altogether.

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 likely be suspended. The length of the suspension varies depending on prior offenses, but a first-time offense typically results in a suspension period of 9 months.
• Temporary Permit: You should have received a temporary driving permit at the time of your arrest. This permit is typically valid until your ALR hearing or until the suspension period officially begins, whichever comes first. Pay close attention to the expiration date on this permit.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty than failing the test. In Colorado, a first-time refusal typically results in a license suspension of 1 year.
• Implied Consent Law in Colorado: Colorado, like all 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. Refusal to do so carries significant consequences.

The ALR/Administrative Hearing

Understanding the ALR hearing is crucial to potentially saving your license.

What It Is

The ALR hearing is an administrative hearing, meaning it is separate from your criminal court case. It is conducted by the Colorado DMV and its sole purpose is to determine whether your driver's license should be suspended due to your DUI arrest.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly affect the outcome of your criminal case, and vice versa. You can win your ALR hearing but still be convicted of DUI in court, and vice versa.
• Decide if License Suspension is Warranted: The hearing officer will review the evidence presented to determine if there was probable cause for the DUI arrest and whether your BAC was over the legal limit (or whether you refused testing).
• Lower Burden of Proof than Criminal Trial: The standard of proof at an ALR hearing is lower than in a criminal trial. The DMV only needs to prove its case by a "preponderance of the evidence," meaning it is more likely than not that the facts support the suspension.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This could include witness statements, dashcam footage, photographs, or anything that casts doubt on the validity of the arrest or the accuracy of the BAC test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Colorado ALR hearings can be invaluable. They can help you understand the process, gather evidence, present your case effectively, and cross-examine witnesses. While Kit Carson County has a small population, an attorney with statewide experience can be very beneficial.
• Understand What You Can Challenge: You can challenge several aspects of the case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the BAC test was properly administered and the results were accurate.
• Whether you were properly informed of your rights regarding chemical testing.

Possible Outcomes

The ALR hearing can have one of three possible outcomes:

• Suspension Upheld: The hearing officer finds that the DMV has proven its case, and your license suspension is upheld.
• Suspension Overturned: The hearing officer finds that the DMV has not proven its case, and your license suspension is overturned. You can continue driving with your regular license.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive for limited purposes, such as work or school, even while your license is suspended.

Hardship/Restricted License in Colorado

Even if your license is suspended, you may be eligible for a restricted license in Colorado, often called a hardship license.

• Eligibility Requirements: Eligibility requirements vary depending on the reason for the suspension and your driving record. Generally, you must demonstrate that you need to drive for essential purposes, such as work, school, medical appointments, or childcare.
• What You Can Drive For: A restricted license typically allows you to drive only for specific purposes and during certain hours.
• Costs and Application Process: The application process involves completing an application form, providing documentation to support your need for a restricted license, and paying a fee. Contact the Colorado DMV for the most up-to-date information.
• IID Requirement: In many DUI cases, obtaining a restricted license requires the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

The requirements for reinstatement depend on the outcome of your criminal case and the terms of your sentence.

• Reinstatement Requirements: Generally, you will need to:
• Serve the full suspension period.
• Pay a reinstatement fee to the Colorado DMV.
• Provide proof of SR-22 insurance (high-risk auto insurance).
• Complete any required DUI education or therapy classes.
• Fees: Reinstatement fees vary and are subject to change. Check the Colorado DMV website for current fees.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the DMV, proving that you have the required insurance coverage.
• Classes/Programs That Must Be Completed: Depending on your case, you may be required to complete DUI education classes, therapy, or community service. Proof of completion must be submitted to the DMV.

Kit Carson County DMV Offices

Unfortunately, there are no DMV offices located within Kit Carson County itself. You will need to travel to a neighboring county. Here are some of the closest options; be sure to check their hours of operation before visiting:

• Burlington Driver's License Office (Kit Carson County seat)
• Address: 1650 Donelan Ave, Burlington, CO 80807
• Phone: (303) 205-5600 (General DMV number; inquire about Burlington office hours)
• Hours: (Call to confirm hours; generally limited)
• Note: This office is for driver's license services only and may not handle all ALR-related matters. Contact the main DMV for clarification.
• Limon Driver's License Office
• Address: 215 Main St, Limon, CO 80828
• Phone: (303) 205-5600 (General DMV number; inquire about Limon office hours)
• Hours: (Call to confirm hours; generally limited)

It is highly recommended to contact the Colorado DMV directly or visit their website for the most up-to-date information on office locations and services.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned earlier, the IID program allows individuals with suspended licenses to drive with a device installed in their vehicle that requires them to pass a breathalyzer test before the car will start.
• Occupational License: While Colorado doesn't explicitly offer an "occupational license," the restricted license serves a similar purpose, allowing you to drive for work-related activities.
• Alcohol and Drug Education and Treatment: Completion of these programs is often required for license reinstatement and can also be beneficial in your criminal case.

A DUI arrest in Kit Carson County is a serious matter with significant consequences. Understanding the ALR hearing process and acting quickly to protect your driving privileges is essential. Consult with a qualified Colorado DUI attorney as soon as possible to discuss your options and build the strongest possible defense. Don't delay – the 15-day deadline is unforgiving.