Logan County License Hearing Guide

An arrest by the Sterling Police Department, the local Sheriff's Office, or the Colorado State Patrol triggers two distinct legal actions. The criminal case proceeds through the Logan Combined Courts at 110 N Riverview Rd in Sterling. Separately, the Colorado Department of Revenue (DMV) initiates an administrative action against your driving privilege under the state's Express Consent Law, § 42-4-1301.1, C.R.S. This administrative track operates independently of the criminal court. Winning your criminal case does not automatically stop the DMV from suspending your license. You must defend your driving privilege in both arenas.

Your License After a DUI Arrest in Logan County

The physical driver's license in your pocket is a privilege, not a right, under state law. When an officer arrests you for driving under the influence, they must report the arrest to the DMV. This report starts the administrative license revocation (ALR) process. The DMV does not care if you need to drive to work, transport your children, or attend medical appointments. Their sole focus is enforcing the administrative suspension rules.

If you took a breath test that showed a Blood Alcohol Content (BAC) of 0.08% or higher, the officer likely confiscated your physical license on the spot. If you refused to take a chemical test, the officer did the same. In either case, the officer issued you a yellow piece of paper. This document is Form DR 2285, the Express Consent Affidavit and Notice of Revocation. It serves as your temporary driving permit. It is valid for exactly seven days.

If you took a blood test, you kept your physical license. This is because blood samples must be sent to a state-certified laboratory for analysis, which takes several weeks. Once the laboratory reports a BAC of 0.08% or higher, the DMV will mail the Notice of Revocation to your address on record.

CRITICAL DEADLINE: Request Hearing Within 7 Days

You must act within days to protect your driving privileges. Under § 42-2-126, C.R.S., if you took a breath test or refused testing, you have exactly seven days from the date of your arrest to request an Express Consent hearing. If you do not submit this request by the seventh day, your driving privilege is automatically revoked on the eighth day.

For blood tests, the timeline is different. You have exactly ten days from the postmark date of the mailed Notice of Revocation to request your hearing.

To request a hearing, you must submit a written request. This can be done online through the Colorado Department of Revenue DMV portal or in person at a state driver's license office. You should request that the arresting officer be present at the hearing. If you fail to make this request or miss the deadline, you waive your right to challenge the suspension. The revocation will take effect automatically.

Automatic License Suspension

The length of your administrative suspension depends entirely on whether you took a chemical test and whether you have prior DUI offenses on your record.

If You Took the Breath/Blood Test and Failed

A first-time DUI arrest with a BAC of 0.08% or higher results in a nine-month administrative license revocation.

If your BAC was 0.15% or greater, the state designates you as a persistent drunk driver (PDD). This designation carries stricter reinstatement requirements. Even as a first-time offender, a PDD designation requires you to install an ignition interlock device (IID) for a mandatory two-year period.

The temporary permit issued at the time of your arrest remains valid until the date of your scheduled hearing, provided you requested the hearing within the required seven-day limit.

If You Refused Testing

Under § 42-4-1301.1, C.R.S., any person operating a motor vehicle in Colorado has given implied consent to chemical testing. Refusing to submit to a breath or blood test results in an immediate one-year administrative license revocation for a first offense.

Refusal penalties are severe. Unlike a test failure, a refusal means you are ineligible for any driving privilege, including a restricted license, for the first two months of the revocation period. After this two-month hard suspension, you may apply for early reinstatement with an IID for the remaining ten months.

A second refusal results in a two-year revocation. A third refusal results in a three-year revocation.

The ALR/Administrative Hearing

The administrative hearing is your only opportunity to challenge the DMV's revocation of your license.

What It Is

The Express Consent hearing is conducted by the Hearings Division of the Colorado Department of Revenue. It is not a criminal trial. The hearing officer is an administrative judge, not a county court judge.

The standard of proof is a preponderance of the evidence. This is a much lower threshold than the criminal standard of "beyond a reasonable doubt." The hearing officer only needs to determine if it is more likely than not that the officer had legal grounds to request a chemical test and that you failed or refused that test.

How to Prepare

You must obtain a copy of the police report and the Express Consent Affidavit before the hearing. These can be requested from the arresting agency, such as the Sterling Police Department or the local Sheriff's Office.

Review the technical aspects of the arrest. You can challenge:

• Whether the officer had reasonable suspicion to stop your vehicle.
• Whether there was probable cause for the arrest.
• Whether the chemical testing equipment was calibrated and operated according to Colorado Department of Public Health and Environment regulations.
• Whether the officer advised you of your rights under the Express Consent Law.

Possible Outcomes

If the hearing officer determines the law enforcement officer lacked legal grounds or failed to follow protocol, the suspension is overturned. Your license is returned.

If the hearing officer rules against you, the suspension is upheld. Your revocation begins immediately.

Depending on your driving history and BAC, you may be eligible for immediate early reinstatement with a restricted license.

Hardship/Restricted License in Colorado does not offer a traditional hardship or occupational license that limits driving to specific hours or destinations. Instead, the state utilizes an Ignition Interlock License program.

For a first-time DUI with a BAC under 0.15%, you are eligible for early reinstatement after serving one month of the suspension. You must install an IID in any vehicle you operate and maintain it for eight months.

If your BAC was 0.15% or higher, or if you refused the test, you must maintain the IID for a mandatory two-year period.

The application process requires:

• Submitting a Restrictive License Application (Form DR 2870).
• Paying the $95 reinstatement fee.
• Providing proof of IID installation from an approved provider.
• Providing an SR-22 financial responsibility insurance certificate.

Getting Your License Back

Reinstating your driving privilege requires completing several steps after your suspension period or early reinstatement eligibility date.

After Criminal Case Concludes

The administrative suspension and the criminal court suspension run concurrently if they overlap. If you are convicted of DUI in the county court, the court conviction triggers an automatic nine-month suspension and adds 12 points to your driving record.

To reinstate your driving privilege, you must:

• Obtain SR-22 insurance from your provider and maintain it for the required period (usually nine months for a first offense, three years for a second offense or refusal).
• Pay the $95 reinstatement fee to the DMV.
• Complete court-ordered alcohol education and therapy.

These classes are categorized as Level I or Level II. Level II education consists of 24 hours of class time, usually completed over 12 weeks. Level II therapy ranges from 5 to 10 months depending on your clinical assessment and BAC.

Local treatment providers in Sterling include:

• Advantage Treatment Centers, 1200 N 5th St, Sterling, CO 80751
• Centennial Mental Health Center, 211 W 3rd St, Sterling, CO 80751

These facilities are certified by the Colorado Office of Behavioral Health to provide Level II services.

Local DMV and Licensing Offices

Vehicle registration and titling are handled by the county clerk, but driver's license services and reinstatements are managed by state offices.

The local county motor vehicle office handles vehicle registration and license plates. It is located at 315 Main St, Sterling, CO 80751.

For driver's license reinstatements, hearings, and official state ID issuance, you must interact with the Colorado Department of Revenue's Driver Control section or visit a state driver's license office. The nearest state driver's license office is located in Sterling.

Special Programs

The state DMV maintains a list of approved IID manufacturers. Authorized service centers in Sterling provide installation and calibration of these devices.

The Colorado DMV also provides an online system for submitting Express Consent hearing requests and tracking reinstatement status, which bypasses the need to travel to a physical state office.