Kit Carson County License Hearing Guide

Your License After a DUI Arrest in Kit Carson County

Being arrested for DUI in Kit Carson County, Colorado, triggers two separate legal processes: a criminal case in court and an administrative action against your driver's license by the Colorado Department of Revenue, Division of Motor Vehicles (DMV). This guide focuses on the administrative process, specifically the potential suspension of your driver's license and how to navigate the Administrative License Revocation (ALR) hearing. Understanding this process and acting quickly is crucial to protecting your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Kit Carson County, you have a very limited time to request an ALR hearing to challenge the potential suspension of your driver's license. You must request this hearing within 15 days of your arrest. This deadline is strictly enforced.

To request an ALR hearing, you must contact the Colorado Department of Revenue, Hearings Division.

You can request a hearing by:

• Online: Unfortunately, there is no online method to request a hearing.
• Phone: Call the Hearings Division; however, a written request is recommended for documentation. The number is available on the Colorado Department of Revenue, Hearings Division website.
• Mail: Send a written request to the Hearings Division. The address is available on the Colorado Department of Revenue, Hearings Division website. Include your name, date of birth, driver's license number, the date of your arrest, and a clear statement that you are requesting an ALR hearing.

What Happens If You Miss the Deadline: If you fail to request a hearing within the 15-day deadline, your driver's license will be automatically suspended. There are very limited exceptions to this rule, so it is vital to act quickly.

Automatic License Suspension

Even before your criminal case is resolved, the Colorado DMV can suspend your license based on the circumstances of your 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 can suspend your license.

• BAC over 0.08: The suspension period will vary but is typically several months for a first offense.
• Temporary Permit: The arresting officer should have provided you with a temporary driving permit. This permit is valid until your ALR hearing or until the suspension period begins if you don't request a hearing or if the suspension is upheld.

If You Refused Testing

Under Colorado's "implied consent" law, 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.

• Refusal Penalty: Refusal to submit to testing results in a longer license suspension than failing the test.
• Implied Consent Law in Colorado: Colorado's implied consent law means that refusing a chemical test can lead to an automatic license suspension, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

The ALR hearing is a critical opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding conducted by the Colorado DMV, separate and distinct 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 DMV has sufficient evidence to suspend your license based on the circumstances of your arrest.
• Lower Burden of Proof than Criminal Trial: The DMV only needs to prove its case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required for a criminal conviction.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), or documentation that challenges the accuracy of the breath or blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Kit Carson County can help you prepare for the ALR hearing, gather evidence, and present your case effectively. They understand the specific procedures and legal arguments that are most likely to succeed. The report mentions that defendants often rely on specialized practitioners who travel the I-70 corridor from the Denver Metro or Front Range areas to handle proceedings in the Burlington courthouse.
• 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 implied consent law, and the accuracy of the breath or blood test results.

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 under certain conditions.

Hardship/Restricted License in Colorado law allows for some restricted driving privileges during a license suspension, but typically only after a certain portion of the suspension period has passed.

• Eligibility Requirements: Eligibility requirements vary depending on the reason for the suspension and your prior driving record.
• What You Can Drive For: A restricted license typically allows you to drive for essential purposes, such as work, school, medical appointments, and court-ordered treatment.
• Costs and Application Process: The application process involves submitting an application to the DMV and paying a reinstatement fee.
• IID Requirement: In many cases, obtaining a restricted license requires the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

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

After Criminal Case Concludes

• Reinstatement Requirements: You must satisfy all requirements imposed by the court in your criminal case, including completing any required alcohol education or therapy programs.
• Fees: You must pay a reinstatement fee to the DMV.
• SR-22 Insurance Requirement: Colorado statutory law requires drivers convicted of a DUI or DWAI, or those seeking early reinstatement of a suspended license, to maintain SR-22 high-risk insurance certification for a minimum of nine months to three years, depending on the severity of the offense, refusal status, and prior driving history. SR-22 forms are filed electronically by the insurance carrier directly with the Department of Revenue.
• Classes/Programs That Must Be Completed: You may be required to complete Level I or Level II Alcohol Education and Therapy to satisfy probation and license reinstatement requirements. First Step Recovery, located at 595 14th Street, Burlington, CO 80807 (Phone: 719-346-6060), is a local facility for clinical compliance.

Kit Carson County DMV Offices

The closest DMV office is:

• Burlington Motor Vehicle & Driver License Office: 1650 Donelan Avenue, Suite 203, Burlington, CO 80807. Phone: 719-346-8638.

Special Programs

• Ignition Interlock Device Program: The IID program allows individuals with a suspended license to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath. Due to the rural service desert, First Step Recovery in Burlington is a critical bottleneck for Ignition Interlock installations.
• Occupational License: An occupational license may be available in some circumstances, allowing you to drive for work-related purposes even if your license is suspended.

Frequently Asked Questions

1. Where will my ALR hearing be held if I was arrested for DUI in Kit Carson County? Your ALR hearing will likely be conducted remotely or at a regional
   DMV hearing office. The Colorado Department of Revenue, Hearings Division will provide you with the details.
2. How long will my license be suspended if I refuse the breath test in Kit Carson County? Refusal to submit to testing results in a longer license suspension than failing the test.
3. If I am an out-of-state resident arrested for DUI in Kit Carson County, will my Colorado license suspension affect my driving privileges in my home state? Yes, most states share driving record information through interstate compacts. A suspension in Colorado will likely trigger a suspension in your home state.