Larimer County Express Consent Hearing Guide

Larimer County DUI License Suspension & ALR Hearing

After a DUI arrest in Larimer County, Colorado, you're facing two separate but interconnected legal battles. The first is a criminal case in the Eighth Judicial District, where the prosecution will attempt to prove you were driving under the influence in violation of CO law. The second is an administrative case handled by the Colorado Department of Revenue (DMV), which can result in the suspension of your driver's license, regardless of the outcome of the criminal case. This guide focuses on the administrative license suspension process and how to navigate it to protect your driving privileges. Navigating the DMV process requires precise adherence to unforgiving deadlines.

CRITICAL DEADLINE: Request Hearing Within 7 Days

One of the most critical steps after a DUI arrest is to request an Express Consent Hearing. This hearing allows you to challenge the impending suspension of your driver's license. In Colorado, you have a very limited window to request this hearing: only seven (7) days.

• Where to Request: The hearing request is submitted to the Colorado DMV.
• How to Request: The DMV has modernized this process; requests can be submitted online via the state portal, filed in person at a Division of Motor Vehicles office, or submitted directly via email to the Express Consent Unit at dor_hearingrequest@state.co.us.
• What Happens if You Miss the Deadline: If you miss this deadline, your license will be automatically suspended. If the deadline is missed, the defendant must formally petition for a Late Hearing, which requires incontrovertible proof of extraordinary circumstances (such as ongoing incarceration) preventing timely filing.

The seven-day clock begins differently depending on the type of test administered:

• Breath Test or Refusal: The seven-day clock begins immediately on the date of the arrest and the issuance of the Affidavit.
• Blood Test: Because blood tests require extensive laboratory analysis, the driver retains their physical license at the time of the traffic stop. Once the toxicology results are processed by the Colorado Bureau of Investigation or a local crime lab, the DMV mails a Notice of Revocation to the defendant. The seven-day clock begins upon receipt of this mailed letter.

If the defendant's current address is not accurately updated in the DMV system, the notice will be mailed to an obsolete address. The deadline will expire without the defendant's knowledge, and the license will be automatically revoked.

Automatic License Suspension

Even if you request a hearing, your license may be subject to an automatic suspension, depending 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 officer likely confiscated your license and issued an Express Consent Affidavit and Notice of Revocation. This document serves as your temporary driving permit.

• BAC over 0.08: A first-time per se revocation (testing over the limit) typically involves a baseline 9-month restraint. However, the driver is frequently eligible for early reinstatement after serving one month (known as the "hard revocation" period), provided they install an approved Ignition Interlock Device (IID) in their vehicle.
• Temporary Permit: This document serves as the defendant's temporary driving permit.

If You Refused Testing

Colorado law requires drivers to consent to chemical testing (breath or blood) if there is probable cause to believe they are driving under the influence. This is known as "implied consent."

• Refusal Penalty: Refusing a chemical test triggers significantly harsher administrative penalties. Refusals generally mandate longer hard revocation periods and trigger persistent interlock requirements upon reinstatement, regardless of whether it is a first offense.
• Implied Consent Law: Colorado operates under a strict "Express Consent" legal framework.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing, also called an Express Consent Hearing, is a critical opportunity to fight your license suspension.

What It Is

• Separate from Criminal Court: It's essential to remember that this hearing is entirely separate from your criminal case. The outcome of the ALR hearing does not determine the outcome of your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The sole purpose of the ALR hearing is to determine whether the DMV has sufficient evidence to suspend your license.
• Lower Burden of Proof: The burden of proof at an ALR hearing is lower than in a criminal trial. The DMV only needs to show "preponderance of the evidence" (more likely than not) that you were driving under the influence.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Larimer County can guide you through the process, present your case effectively, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge various aspects of the case, including the legality of the traffic stop, the accuracy of the breath/blood test, and whether you were actually driving.

Possible Outcomes

The ALR hearing can have several possible outcomes.

• Suspension Upheld: If the hearing officer finds sufficient evidence that you were driving under the influence, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DMV did not meet its burden of proof, your license 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 allows for a restricted license under certain circumstances, enabling you to drive for essential purposes.

• Eligibility Requirements: Eligibility often depends on factors like your offense history 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, and court-ordered treatment.
• Costs and Application Process: There are fees associated with applying for a restricted license, and the application process involves submitting documentation to the DMV.
• IID Requirement: Registering a BAC of 0.15 or higher automatically classifies the defendant under the "Persistent Drunk Driver" (PDD) designation, which carries enhanced financial and monitoring penalties. Frequently, eligibility for a restricted license requires the installation of an IID.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

Your criminal case outcome can affect your license reinstatement.

• Reinstatement Requirements: Reinstatement generally requires completing your suspension period, paying reinstatement fees, and providing proof of SR-22 insurance.
• Fees: There are fees associated with reinstating your license.
• SR-22 Insurance Requirement: Reinstating a revoked driver's license inevitably requires the filing of an SR-22 certificate—a document generated by an insurance company proving the driver carries the state-mandated minimum liability insurance.
• Classes/Programs: You may be required to complete DUI education classes or therapy programs as part of your criminal sentence or as a condition of reinstatement.

Larimer County DMV Offices

When visiting the physical Larimer County Vehicle Licensing offices to handle registration matters related to impound retrieval, walk-in customers face a modernized but sometimes confusing queue system. Customers are encouraged to utilize an online appointment system. Upon arrival, individuals check in by texting "check-in" to an SMS system or scanning a QR code at the entrance, waiting outside or nearby until called. Individuals without smartphones must physically locate a greeter to be entered into the queue manually.

• Local DMV Office (Fort Collins): Larimer County Vehicle Licensing, 200 W. Oak Street, 1st Floor, Fort Collins, CO 80521
• Phone: 970-498-7878
• Hours: Monday - Friday, 8:00 AM - 5:00 PM
• Local DMV Office (Loveland): 200 Peridot Ave, 1st Floor, Loveland, CO 80537
• Hours: Monday - Friday, 8:00 AM - 5:00 PM
• Local DMV Office (Estes Park): 1601 Brodie Avenue, Estes Park, CO 80517
• Hours: Monday - Friday, 8:00 AM - 4:30 PM

Special Programs

• Ignition Interlock Device Program: Colorado requires IIDs for many DUI offenders, allowing them to drive with a device that tests their breath for alcohol.
• Occupational License: This restricted license allows driving for work purposes under specific conditions.

Frequently Asked Questions

Q: How long do I have to request an Express Consent Hearing in Larimer County? A: You have exactly 7 days from the date of your arrest (or the date you receive notice of revocation for blood tests) to request an Express Consent Hearing.

Q: Where can I submit my request for an Express Consent Hearing? A: You can submit your request online via the state portal, in person at a Division of Motor Vehicles office, or directly via email to the Express Consent Unit at dor_hearingrequest@state.co.us.

Q: What happens if I am caught driving on a suspended license in Larimer County? A: Driving on a suspended license can result in additional criminal charges, extended suspension periods, and potential jail time.

Sources

• Larimer County Vehicle Licensing
• Appointment Check-In Frequently Asked Questions - Colorado DMV
• Express Consent Cases Procedures - Colorado Department of Revenue
• Vehicle Licensing Wait Times | Larimer County