Lake County License Hearing Guide

Your License After a DUI Arrest in Lake County

Being arrested for DUI in Lake County can trigger two separate legal processes: a criminal case in court and an administrative action against your driver's license. While the criminal case determines your guilt or innocence and potential penalties like fines and jail time, the administrative process, handled by the Colorado Department of Motor Vehicles (DMV), focuses solely on whether your driving privileges should be suspended. Understanding this distinction is crucial, as the administrative license suspension can occur even if you are not convicted of DUI in criminal court.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Lake County, you have an extremely limited window to protect your driving privileges. You must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This hearing is your opportunity to challenge the potential suspension of your driver's license.

To request a hearing, you must contact the Colorado DMV/Department of Revenue Hearings Section.

You can request a hearing via:

• Online: Information on requesting a hearing can be found here.
• Phone: Contact the Colorado
  DMV Hearings Section to initiate the request.
• Mail: Send a written request to the Colorado DMV Hearings Section.

Missing this 15-day deadline results in an automatic suspension of your driver's license. There are very limited exceptions to this rule, so acting quickly is paramount.

Automatic License Suspension

Even before your criminal case is resolved, your driver's license may be automatically suspended 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 the result showed a Blood Alcohol Content (BAC) of 0.08 or higher, your license will be suspended. The length of the suspension varies based on prior offenses and BAC level. You will receive a temporary driving permit that is valid until your ALR hearing or the start of the suspension period.

If You Refused Testing

Refusing to submit to a breath or blood test carries even harsher penalties. In Colorado, refusing a chemical test results in a longer license suspension than failing the test. This is due to Colorado's implied consent law.

Colorado, like all states, operates under an "implied consent" law. This means that by driving on Colorado roads, you have implicitly consented to submit to chemical testing if a law enforcement officer has probable cause to believe you are driving under the influence. Refusal to submit to testing can lead to a longer license suspension.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding conducted by the Colorado DMV. It is not a criminal trial. The sole purpose of the hearing is to determine whether sufficient evidence exists to warrant the suspension of your driver's license.

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 more likely than not) that the suspension is justified.

How to Prepare

Preparing for your ALR hearing is critical to maximizing your chances of avoiding a license suspension.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or any other documentation that challenges the basis for the stop or the accuracy of the BAC test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Colorado ALR hearings can provide invaluable assistance in preparing your case, presenting evidence, and cross-examining witnesses. Attorneys familiar with the 5th Judicial District can be particularly helpful.
• Understand What You Can Challenge: You can challenge various aspects of the case, including whether the officer had reasonable suspicion to stop you, whether probable cause existed for the arrest, and the accuracy and reliability of the breath or blood test results.

Possible Outcomes

The ALR hearing can have one of several outcomes:

• Suspension Upheld: The DMV finds sufficient evidence to support the suspension, and your license will be suspended for the applicable period.
• Suspension Overturned: The DMV finds insufficient evidence to support the suspension, and your license will not be suspended.
• 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 specific circumstances (e.g., to work or school).

Hardship/Restricted License in Colorado law allows for the possibility of obtaining a restricted license, sometimes called a "red license," under certain circumstances during a license suspension.

• Eligibility Requirements: Eligibility varies depending on the specific reason for the suspension and whether you have any prior offenses.
• What You Can Drive For: A restricted license typically allows you to drive only for essential purposes, such as travel to and from work, school, medical appointments, and court-ordered treatment.
• Costs and Application Process: The application process involves submitting paperwork to the Colorado DMV and paying applicable fees.
• IID Requirement: In many cases, obtaining a restricted license requires the installation of an Ignition Interlock Device (IID) on your vehicle.

Getting Your License Back

After Criminal Case Concludes

Even if you avoid a criminal conviction, you must still take steps to reinstate your license after the suspension period ends.

• Reinstatement Requirements: Reinstatement typically involves paying a reinstatement fee to the Colorado DMV and demonstrating proof of insurance.
• Fees: Check the Colorado DMV website for the current reinstatement fee.
• SR-22 Insurance Requirement: You may be required to obtain and maintain SR-22 insurance for a specified period. Colorado law mandates that individuals convicted of a DUI must maintain an SR-22 certificate of financial responsibility on file with the DMV for a specified number of years to maintain their driving privileges. This is filed directly by the auto insurer to the state DMV electronically.
• Classes/Programs That Must Be Completed: You may be required to complete DUI education or therapy programs as a condition of reinstatement. The judicial system almost universally mandates participation in Level I or Level II DUI Education and Therapy programs. The nearest approved DUI school is Colorado Counseling, Inc. located at 118 West 6th Street, Leadville, CO 80461.

Lake County DMV Offices

The Lake County DMV Office is located within the Lake County Courthouse at 505 Harrison Ave in Leadville. You can find more information including hours of operation on the Lake County Government website.

Special Programs

• Ignition Interlock Device Program: Colorado requires the installation of an IID for many DUI offenders. Leo Schmitt (Authorized Installer) in Leadville, CO 80461, phone 719-486-2990, operates strictly by appointment only.
• Occupational License: An occupational license may be available in certain circumstances, allowing you to drive for work purposes even during a suspension period.
• Sobriety Court: The Lake County Sobriety Court is a fully accredited Problem Solving Court. Initiated in 2010, the Sobriety Court replaces traditional punitive incarceration with a phased program focused on recovery, accountability, and reduced recidivism.

Frequently Asked Questions

1. Where do I request an ALR hearing for a DUI arrest in Lake County? You request the hearing through the Colorado DMV/Department of Revenue Hearings Section.
2. What is the standard bail amount for a first-offense DUI in Lake County? The standard bail for a first offense DUI is $1,000.00 per the 5th Judicial District Schedule.
3. Where can I attend DUI education classes if required after a DUI in Lake County? Colorado Counseling, Inc. located at 118 West 6th Street, Leadville, CO 80461 is a local provider.