Lincoln County License Hearing Guide

Lincoln County DUI License Suspension & ALR Hearing

After a DUI arrest in Lincoln County, Colorado, you face two separate legal battles: a criminal case in the 23rd Judicial District, and an administrative case against your driver's license handled by the Colorado Department of Revenue, Division of Motor Vehicles (DMV). It’s crucial to understand that these are distinct processes. Even if your criminal charges are dropped, the DMV can still suspend your license. This guide focuses on the administrative license suspension process and how to navigate it.

CRITICAL DEADLINE: Request a Hearing Within 7 Days

Following a DUI arrest in Colorado, you have only seven (7) calendar days from the date of your arrest to request an Administrative License Revocation (ALR) hearing with the DMV. This deadline is strictly enforced, including weekends and holidays. If you fail to request a hearing within this timeframe, your license will be automatically suspended.

To request a hearing, contact the Colorado Department of Revenue, Division of Motor Vehicles Driver Control Section. You can submit your request via:

• Mail: Colorado Department of Revenue, Division of Motor Vehicles Driver Control Section, Rm. 164, Attn: Express Consent, P.O. Box 173350, Denver, CO 80217-3350.
• Email: dor_hearingrequest@state.co.us
• Fax: (303) 205-5960

It is highly recommended that you obtain proof of transmission, such as a fax confirmation sheet or email receipt, to demonstrate that you met the deadline.

What Happens If You Miss the Deadline?

If you miss the 7-day deadline, you forfeit your right to contest the license suspension. Your license will be automatically suspended, and you will not be able to challenge the suspension.

Automatic License Suspension

Colorado's Express Consent law dictates that by driving in the state, you implicitly agree to submit to chemical testing (blood or breath) if a law enforcement officer has probable cause to believe you are impaired. A DUI arrest triggers an automatic license suspension process under this law.

If You Took the Breath/Blood Test and Failed

If you took a breath test and your Blood Alcohol Content (BAC) was 0.08 or higher, or if blood test results confirm this, your license will be suspended. The arresting officer will confiscate your physical license and issue an Express Consent Affidavit and Notice of Revocation, which serves as a temporary driving permit valid for seven days. A first-offense BAC failure typically triggers a 9-month revocation.

If You Refused Testing

Refusing to submit to a breath or blood test carries more severe penalties under Colorado's implied consent law. Refusal results in a longer license suspension and a "Persistent Drunk Driver" (PDD) designation. This designation mandates early reinstatement solely via the installation of an Ignition Interlock Device (IID) for a minimum of two years, alongside mandatory Level II clinical therapy.

The ALR/Administrative Hearing

The ALR hearing is a separate administrative proceeding from your criminal case. It is conducted by the Colorado DMV to determine whether your license should be suspended based on the circumstances of your DUI arrest.

What It Is

The ALR hearing is not a criminal trial. The DMV only needs to prove by a "preponderance of the evidence" (meaning it is more likely than not) that:

• The officer had reasonable grounds to believe you were driving under the influence.
• You were arrested.
• Your BAC was 0.08 or higher, or you refused to submit to testing.

How to Prepare

Preparing for the ALR hearing is crucial to potentially saving your driving privileges. Consider these steps:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements or video footage.
• Understand What You Can Challenge: You can challenge the validity of the traffic stop, the accuracy of the BAC test, or whether you were properly informed of your rights under the Express Consent law.

Possible Outcomes

The ALR hearing can have several outcomes:

• Suspension Upheld: The DMV upholds the suspension, and your license remains revoked.
• Suspension Overturned: The DMV reverses the suspension, and your license is reinstated.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted license, allowing you to drive for specific purposes.

Hardship/Restricted License in Colorado may offer a restricted license, also known as a hardship license, under certain circumstances. This allows you to drive for essential purposes, such as:

• Work
• School
• Medical appointments

Eligibility requirements, costs, and the application process vary. A PDD designation requires the installation of an IID for a minimum of two years.

Getting Your License Back

After your criminal case concludes and your suspension period ends, you will need to take steps to reinstate your license.

After Criminal Case Concludes

Reinstatement requirements typically include:

• Paying reinstatement fees.
• Filing SR-22 insurance (proof of financial responsibility).
• Completing any required alcohol and drug education or therapy programs.

Lincoln County DMV Offices

The local DMV office in Lincoln County is:

• Lincoln County Clerk and Recorder - Motor Vehicle / Driver Examiner: 103 3rd Avenue, PO Box 67, Hugo, CO 80821. Phone: 719-743-2796 (Driver Examiner) / 719-743-2444 (Clerk). Hours: Mon-Fri 8:00 AM - 4:30 PM (Closed 12:00 PM - 1:00 PM for lunch). First Thursday of month: 9:00 AM - 4:30 PM.

Special Programs

• Ignition Interlock Device (IID) Program: If you are designated a Persistent Drunk Driver (PDD) or are required by the court, you must install an IID in your vehicle. The Colorado DMV maintains a list of approved IID vendors. For residents of Lincoln County, localized installation is exceptionally limited. Smart Start (Transwest Chrysler Dodge Jeep Ram) is located at 2720 6th Street, Limon, CO 80828, and can be reached at (719) 289-3047. Intoxalock provides installation scheduling for the region at (719) 284-7924.
• Sobriety Court: The 23rd Judicial District operates a formal Sobriety Court (often referred to as a Felony DUI Court). This specialized docket is generally reserved for chronic, repeat offenders facing felony DUI classifications (typically the fourth or subsequent offense).

Frequently Asked Questions

Q: How long do I have to request an ALR hearing in Lincoln County? A: You have only 7 calendar days from the date of your DUI arrest to request an ALR hearing.

Q: Where do I request the ALR hearing? A: You must request the hearing directly from the Colorado Department of Revenue, Division of Motor Vehicles Driver Control Section in Denver, not the local Lincoln County DMV.

Q: What happens if I miss the deadline to request an ALR hearing? A: If you miss the deadline, your license will be automatically suspended, and you will lose your right to contest the suspension.