Lake County License Hearing Guide

Lake County DUI License Suspension & ALR Hearing: What You Need to Know NOW

If you've just been arrested for Driving Under the Influence (DUI) in Lake County, Colorado, you're likely feeling overwhelmed and uncertain about the future. One of your most immediate concerns is probably your driver's license. It's crucial to understand that your driver's license suspension is handled through a separate administrative process from your criminal DUI case. This means your license can be suspended even before your criminal case is resolved. This guide provides urgent, practical information about the administrative license revocation (ALR) process in Colorado and what you need to do to protect your driving privileges.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

Following a DUI arrest in Lake County, the clock is ticking. You have a very limited window to request an Administrative License Revocation (ALR) hearing. This deadline is only 15 days from the date of your arrest. Missing this deadline will result in an automatic suspension of your driver's license.

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

How to Request: You can request the hearing using one of the following methods:

• Online: The fastest and most recommended method is through the Colorado DMV's online portal. Search for "Colorado DMV ALR Hearing Request" to find the correct webpage. You'll need information from your DUI paperwork, including your arrest date and officer's name.
• Phone: You can attempt to request a hearing by phone, but be aware that this method can be unreliable due to potential call volumes and documentation requirements. Call the Colorado DMV's Driver Control Section. Search for "Colorado DMV Driver Control" for the most current phone number.
• Mail: While not recommended due to the short deadline, you can mail a written request to the Colorado DMV Driver Control Section. Include your full name, date of birth, driver's license number, arrest date, and a clear statement requesting an ALR hearing. Search for the most current mailing address for the Colorado DMV Driver Control Section.

What Happens If You Miss the Deadline? If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will automatically be suspended. There are very limited exceptions to this rule. Don't risk it! Act immediately.

Automatic License Suspension

The grounds for an automatic license suspension following a Lake County DUI arrest depend on whether you took a breath or blood test and the results, or if you refused to take a test.

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 administrative license suspension. The length of the suspension depends on prior offenses and other factors. Consult with an attorney to determine the potential length of your suspension.
• Temporary Permit: The officer likely issued you a temporary driving permit at the time of your arrest. This permit is valid until your ALR hearing is held, or until the start date of your suspension if you don't request a hearing or if the hearing officer upholds the suspension.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty than failing the test in Colorado. A refusal typically results in a longer suspension period.
• Implied Consent Law in Colorado: Colorado, like all states, has an implied consent law. This law means that by driving on Colorado roads, you've implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to do so carries significant consequences.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the administrative suspension of your driver's license. Understanding this process is critical to potentially saving your driving privileges.

What It Is

• Separate from Criminal Court: The ALR hearing is entirely separate from your criminal DUI case. It's conducted by the Colorado DMV, not a criminal court judge.
• Decides If License Suspension is Warranted: The purpose of the hearing is to determine whether the DMV has sufficient evidence to suspend your license based on the DUI arrest.
• Lower Burden of Proof than Criminal Trial: The standard of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to show "probable cause" that you were driving under the influence, not "beyond a reasonable doubt."

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that might support your case. This could include:
• Witness statements that contradict the officer's account.
• Video footage (dashcam, surveillance) that shows your driving.
• Medical records that explain a medical condition that could have affected your performance on field sobriety tests.
• Consider Hiring a DUI Attorney: A qualified Colorado DUI attorney can provide invaluable assistance in preparing for and representing you at the ALR hearing. They understand the legal complexities, can gather evidence, and effectively present your case.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:
• Whether the officer had probable cause to stop you.
• Whether the officer properly administered field sobriety tests.
• Whether the breath or blood test was conducted correctly.
• Whether you were properly informed of your rights regarding testing.

Possible Outcomes

The ALR hearing can result in one of three outcomes:

• 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 DMV has not met its burden of proof, the suspension will be overturned, and your license 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 for limited purposes.

Hardship/Restricted License in Colorado

Even with a suspended license, you might be eligible for a restricted license in Colorado, allowing you to drive under specific circumstances.

• Eligibility Requirements: Eligibility for a restricted license depends on several factors, including the reason for the suspension, your driving record, and whether you install an ignition interlock device (IID).
• What You Can Drive For: Typically, a restricted license allows you to drive to and from:
• Work
• School
• Medical appointments
• Alcohol or drug treatment programs
• Costs and Application Process: The application process involves submitting an application to the Colorado DMV and paying the required fees.
• IID Requirement: In many cases, obtaining a restricted license requires installing an ignition interlock device (IID) in your vehicle. This device requires you to blow into it before starting the car, preventing operation if alcohol is detected.

Getting Your License Back

Reinstating your license after a DUI suspension requires fulfilling specific requirements.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements vary depending on the specifics of your case and the outcome of your criminal proceedings. Generally, you'll need to:
• Serve the full suspension period.
• Pay reinstatement fees to the Colorado DMV.
• Provide proof of SR-22 insurance.
• Complete any required alcohol or drug education or treatment programs.
• Fees: Reinstatement fees are set by the Colorado DMV and can vary.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the DMV to verify that you have the minimum required liability insurance coverage.
• Classes/Programs That Must Be Completed: Depending on the severity of your DUI and your BAC level, you may be required to complete alcohol or drug education classes or treatment programs.

Lake County DMV Offices

Unfortunately, Lake County has a limited population and therefore does not have a dedicated DMV office. Residents typically utilize the DMV offices in neighboring counties. You will need to travel outside of Lake County to conduct DMV business. Search online for "Colorado DMV office locations" to find the nearest office. Be sure to check the hours of operation before you travel.

Special Programs

• Ignition Interlock Device (IID) Program: Colorado requires IIDs for many DUI offenders, especially repeat offenders or those with high BAC levels.
• Occupational License: An occupational license is a type of restricted license that allows you to drive for work-related purposes.
• Other State-Specific Programs: Consult with a Colorado DUI attorney to determine if any other state-specific programs might be available to you.

This information is intended as a general guide and should not be considered legal advice. Due to the complexity of DUI laws and the potential consequences of a conviction, it is highly recommended that you consult with a qualified Colorado DUI attorney as soon as possible after a DUI arrest in Lake County. They can help you understand your rights, navigate the legal process, and protect your driving privileges. Remember to act quickly to request your ALR hearing within the 15-day deadline!