Lincoln County License Hearing Guide

Lincoln County DUI License Suspension & ALR Hearing: Save Your License!

Being arrested for a DUI in Lincoln County, Colorado, can be a frightening and confusing experience. Besides the criminal charges you face, you also face the immediate threat of losing your driver's license. It's crucial to understand that the license suspension process is separate from your criminal case and requires immediate action on your part. This guide will walk you through the steps you need to take to protect your driving privileges after a DUI arrest in Lincoln County.

Your License After a DUI Arrest in Lincoln County

When you're arrested for DUI in Colorado, you're essentially facing two distinct legal battles: a criminal case in court and an administrative case with the Colorado Department of Revenue, Division of Motor Vehicles (DMV). The criminal case deals with the DUI charges themselves, while the administrative case determines whether your driver's license will be suspended.

This guide focuses on the administrative side – specifically, the license suspension process and the Administrative License Revocation (ALR) hearing. It's vitally important to understand that this process moves very quickly, and failing to act promptly can result in an automatic license suspension.

CRITICAL DEADLINE: Request Hearing Within 15 Days

The most critical piece of information you need to know is this: You have only 15 days from the date of your DUI arrest to request an ALR hearing with the Colorado DMV. This deadline is strict, and missing it will result in an automatic suspension of your driver's license.

Where to Request:

You must request the ALR hearing from the Colorado Department of Revenue, Division of Motor Vehicles (DMV).

How to Request:

While the specific method for requesting an ALR hearing might vary slightly, generally you can request it online, by phone, or by mail. Contact the Colorado DMV immediately to confirm the accepted methods and ensure you meet the deadline.

• Online: Check the Colorado DMV website (colorado.gov/dmv) for online ALR hearing request options. Look for sections related to DUI or Administrative License Revocation.
• Phone: Call the Colorado DMV Driver Control Section. The number should be available on the DMV website or on the paperwork you received at the time of your arrest.
• Mail: Send a written request for an ALR hearing to the address provided on your DUI paperwork or on the Colorado DMV website. Important: Send it via certified mail with return receipt requested to ensure you have proof of timely submission.

Your request should include:

• Your full name
• Your date of birth
• Your driver's license number
• Your current address
• The date of your DUI arrest
• A clear statement that you are requesting an ALR hearing

What Happens if You Miss the Deadline (Automatic Suspension):

If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will be automatically suspended. This suspension will go into effect without any further notice, and you will lose your driving privileges. This makes requesting the hearing within the deadline absolutely paramount.

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 length and type of suspension depend on whether you took a breath or blood test and, if so, what the results were.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your Blood Alcohol Content (BAC) was 0.08 or higher, your license will likely be suspended. The duration of the suspension varies based on prior offenses and the specific BAC level. Consult a DUI attorney for precise details.
• Temporary Permit Valid Until Hearing or Suspension Begins: After your arrest, you likely received a temporary driving permit. This permit allows you to drive until your ALR hearing or until the suspension officially begins, whichever comes first. Keep this permit with you whenever you drive.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a much harsher penalty than failing the test. In Colorado, refusing a test typically results in a longer license suspension than a failed test.
• 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 agreed to submit to chemical testing if requested by a law enforcement officer who has reasonable suspicion that you are driving under the influence. Refusal to submit to testing can lead to serious penalties, including a longer license suspension.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. Its sole purpose is to determine whether the Colorado DMV had sufficient grounds to suspend your driver's license. The burden of proof is lower than in a criminal trial. The DMV only needs to show a 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. This could include witness statements, dashcam footage (if available), receipts, or any other documentation that challenges the police officer's observations or the accuracy of the BAC test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Colorado law can provide invaluable assistance in preparing for and representing you at the ALR hearing. They can help you understand the legal issues, gather evidence, and present a strong defense.
• Understand What You Can Challenge: You can challenge various aspects of the DUI stop and arrest at the ALR hearing. These might include:
• The legality of the initial traffic stop
• The officer's reasonable suspicion to request a breath or blood test
• The accuracy of the breath or blood test results
• Whether you were properly advised of your rights regarding chemical testing

Possible Outcomes

The ALR hearing can have one of several outcomes:

• Suspension Upheld: The hearing officer finds sufficient evidence to support the license suspension.
• Suspension Overturned: The hearing officer finds that the DMV did not have sufficient grounds to suspend your license, and your driving privileges are reinstated.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive under specific circumstances (e.g., to work, school, or medical appointments).

Hardship/Restricted License in Colorado

Even if your license is suspended, you may be eligible for a hardship or restricted license in Colorado, allowing you to drive under certain conditions.

• Eligibility Requirements: Eligibility requirements vary, but generally, you must demonstrate a genuine need to drive for essential purposes, such as work, school, or medical appointments.
• What You Can Drive For: Restricted licenses typically limit your driving privileges to specific locations and times related to your essential needs.
• Costs and Application Process: The application process involves submitting paperwork to the Colorado DMV and paying associated fees. Contact the DMV for the most up-to-date information.
• 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

After Criminal Case Concludes

Even if you win the ALR hearing, your license may still be suspended as a result of the criminal DUI case. The reinstatement process varies depending on the outcome of the criminal case and the specific penalties imposed.

• Reinstatement Requirements: You will likely need to pay reinstatement fees, complete a DUI education or treatment program, and potentially install an IID in your vehicle.
• Fees: Reinstatement fees vary and are subject to change. Contact the Colorado DMV for the current fee schedule.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility that proves you have the minimum required insurance coverage.
• Classes/Programs that Must Be Completed: You will likely be required to complete a DUI education or treatment program as part of the reinstatement process.

Lincoln County DMV Offices

Unfortunately, I do not have access to a real-time, updated list of Lincoln County DMV offices. Please consult the official Colorado DMV website (colorado.gov/dmv) for the most accurate and up-to-date information on local DMV locations, addresses, phone numbers, and hours of operation. You can also try searching online for "Lincoln County Colorado DMV".

Special Programs

• Ignition Interlock Device Program: Colorado has a mandatory IID program for many DUI offenders. This requires installing a device in your vehicle that prevents it from starting if you have alcohol on your breath.
• Occupational License: An occupational license is a type of restricted license that allows you to drive for work-related purposes only.

This guide provides general information about DUI license suspension and ALR hearings in Lincoln County, Colorado. It is not a substitute for legal advice. You should consult with a qualified DUI attorney to discuss your specific situation and protect your rights. Acting quickly and understanding your options is crucial to navigating the complexities of a DUI arrest and minimizing the impact on your life.