La Plata County License Hearing Guide

La Plata County DUI License Suspension & ALR Hearing

A DUI arrest in La Plata County, Colorado, can be a frightening and confusing experience. Besides the criminal charges you'll face, your driver's license is also at risk. It's crucial to understand the administrative process that can lead to a license suspension, completely separate from your criminal court case. This guide will provide you with the immediate, practical information you need to navigate the license suspension process and fight to keep your driving privileges.

Your License After a DUI Arrest in La Plata County

After being arrested for DUI (Driving Under the Influence) or DWAI (Driving While Ability Impaired) in La Plata County, you'll be facing two separate legal processes:

• Criminal Court: This process deals with the criminal charges against you, such as DUI or DWAI. A criminal conviction can result in jail time, fines, community service, and other penalties.

• Administrative License Revocation (ALR) Hearing: This is an administrative process handled by the Colorado Department of Revenue, Division of Motor Vehicles (DMV). Its sole purpose is to determine whether your driver's license should be suspended due to your DUI arrest. This process is independent of the criminal case, meaning your license can be suspended even if you are not convicted of a DUI in criminal court.

This guide focuses on the ALR process and how to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an ALR hearing. This is a strict deadline, and missing it will result in an automatic suspension of your driver's license.

• Where to Request: You must request the hearing from the Colorado Department of Revenue, Division of Motor Vehicles (DMV).

• How to Request: You can typically request the hearing online, by phone, or by mail, although online is often the fastest and most reliable method. Check the paperwork you received at the time of your arrest for specific instructions. You can also visit the Colorado DMV website for information: https://dmv.colorado.gov/

• What Happens if You Miss the Deadline: If you fail to request a hearing within 15 days, your driver's license will be automatically suspended, effective a specific date that will be indicated on the paperwork you received. You will lose your driving privileges and will have to navigate the process of reinstatement after the suspension period. Do not miss this deadline!

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to an automatic suspension pending the outcome of the hearing. The grounds for this automatic suspension depend on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol content (BAC) was 0.08 or higher, you face an automatic license suspension. The length of this suspension varies. For a first offense, the suspension is typically for [suspension period - research Colorado specific details]. Check the paperwork from your arrest to confirm the length of your suspension.
• Temporary Permit: The officer likely provided you with a temporary driving permit after your arrest. This permit is typically valid until your ALR hearing date or the date the suspension goes into effect, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a heavier penalty than failing the test. In Colorado, refusing a chemical test usually results in a longer license suspension than failing one. Expect a suspension period of [longer suspension period - research Colorado specific details].
• Implied Consent Law in Colorado: Colorado, like most states, has an implied consent law. This means that by driving on Colorado roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can result in severe penalties, as described above.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a crucial opportunity to challenge the suspension of your driver's license. It's important to remember that:

• Separate from Criminal Court: This hearing is entirely separate from your criminal court case. The outcome of the ALR hearing does not directly affect the criminal charges against you.
• Decides if License Suspension is Warranted: The hearing officer will determine whether sufficient evidence exists to justify suspending your license.
• Lower Burden of Proof: The burden of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to show by a preponderance of the evidence (meaning it's more likely than not) that the suspension is justified.

How to Prepare

Proper preparation is essential for a successful ALR hearing. Consider the following:

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, or any other documentation that challenges the basis for your arrest or the accuracy of the BAC test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Colorado ALR hearings can provide invaluable assistance. They can help you gather evidence, prepare your case, and represent you at the hearing. They understand the legal nuances and can advocate effectively on your behalf.
• Understand What You Can Challenge: You can challenge various 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 administered properly and accurately.
• Whether you were properly advised of your rights regarding chemical testing.

Possible Outcomes

The hearing officer will issue a decision after the ALR hearing. Possible outcomes include:

• Suspension Upheld: If the hearing officer finds sufficient evidence to support the suspension, your license will be suspended.
• Suspension Overturned: If the hearing officer finds that the evidence is insufficient to support the suspension, your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive under certain conditions (e.g., to and from work or school). This is not guaranteed and depends on the specific circumstances of your case.

Hardship/Restricted License in Colorado

Even if your license is suspended, you may be eligible for a hardship or restricted license in Colorado. This allows you to drive for essential purposes while your license is suspended.

• Eligibility Requirements: [Research Colorado specific requirements. Common requirements include proof of employment, enrollment in school, or medical appointments.]
• What You Can Drive For: Restricted driving privileges typically allow you to drive to and from work, school, medical appointments, and alcohol education classes.
• Costs and Application Process: [Research Colorado specific costs and application process. Include links to official government websites.]
• IID Requirement: In many DUI cases, especially those involving high BAC levels or repeat offenses, an Ignition Interlock Device (IID) is required as a condition of obtaining a restricted license.

Getting Your License Back

Reinstating your driver's license after a DUI suspension requires fulfilling several requirements.

After Criminal Case Concludes

• Reinstatement Requirements: [Research Colorado specific requirements, including completing any required alcohol education or treatment programs, paying reinstatement fees, and passing any required tests.]
• Fees: There are typically reinstatement fees that must be paid to the DMV.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility. This indicates that you have high-risk auto insurance coverage.
• Classes/Programs that Must Be Completed: DUI offenders are often required to complete alcohol education classes or treatment programs as a condition of license reinstatement.

La Plata County DMV Offices

Special Programs

• Ignition Interlock Device Program: Colorado has an Ignition Interlock Device (IID) program, which requires DUI offenders to install a device in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: An occupational license allows you to drive for work-related purposes even if your license is suspended. Eligibility requirements and restrictions apply. [Research Colorado specific information.]
• Any State-Specific Programs: [Research and include any other relevant state-specific programs that might benefit someone arrested for DUI in Colorado.]

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in La Plata County, Colorado. It is not intended as legal advice. You should consult with a qualified attorney to discuss your specific situation and legal options. Missing the 15-day deadline to request a hearing can have serious consequences, so act quickly and seek professional guidance.