Mesa County License Hearing Guide

Mesa County DUI License Suspension & ALR Hearing

A DUI arrest in Mesa County triggers two separate legal processes. The first is a criminal case in the Mesa County Justice Center, where you face potential jail time, fines, and a criminal record. The second is an administrative process with the Colorado Department of Motor Vehicles (DMV) that can lead to the suspension of your driver's license. It is imperative to understand the doctrine of "Dual Tracks." The criminal proceedings in the Mesa County Justice Center and the civil proceedings at the DMV are entirely independent. If a defense attorney successfully negotiates a dismissal of the DUI charges in criminal court, the DMV revocation still stands and remains in full effect. A victory in one arena does not legally mandate a victory in the other.

CRITICAL DEADLINE: Request Hearing Within 7 Days

Following a DUI arrest in Mesa County, you have a very limited window to protect your driving privileges. You must request an Express Consent hearing with the Colorado DMV within seven (7) days of your arrest. This is a hard deadline.

• Where to Request: The hearing request is filed with the Colorado DMV.
• How to Request: The exact method for requesting the hearing should be explained to you at the time of your arrest.
• What Happens If You Miss the Deadline: Missing this deadline results in an automatic suspension of your driver's license. This suspension will occur regardless of the outcome of your criminal case.

Automatic License Suspension

The Colorado DMV will automatically suspend your license under certain circumstances following a DUI arrest.

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 be suspended.
• Temporary Permit: You may be issued a temporary permit that is valid until your ALR hearing or until the suspension period begins.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test results in a longer license suspension than failing the test.
• Implied Consent Law in Colorado: Colorado operates under an implied consent law. This means that by driving on Colorado roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing carries significant penalties.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a critical opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: This hearing is entirely separate from your criminal case. The outcome of the ALR hearing does not dictate the outcome of your criminal case, and vice versa.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DMV has sufficient evidence to justify suspending your license.
• Lower Burden of Proof: The DMV only needs to prove their case by a preponderance of the evidence, which is a lower standard than "beyond a reasonable doubt" required in criminal court.

How to Prepare

• Gather Evidence: Gather any evidence that supports your case, such as witness statements or video footage.
• Consider Hiring a DUI Attorney: A DUI attorney can help you navigate the ALR hearing process and represent you at the hearing.
• Understand What You Can Challenge: You can challenge the validity of the traffic stop, the administration of the breath or blood test, and whether you were properly advised of your rights.

Possible Outcomes

• Suspension Upheld: The DMV finds sufficient evidence to suspend your license.
• Suspension Overturned: The DMV does not have sufficient evidence, and your license is not suspended.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted or hardship license, allowing you to drive under specific circumstances.

Hardship/Restricted License in Colorado

Even if your license is suspended, you may be eligible for a restricted license, which allows you to drive for specific purposes.

• Eligibility Requirements: You may be eligible for a restricted license if your license has been suspended for an alcohol-related offense and you meet certain requirements, such as installing an ignition interlock device (IID) on your vehicle.
• What You Can Drive For: A restricted license typically 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 you will need to complete an application and provide documentation to the DMV.
• IID Requirement: In many cases, 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

• Reinstatement Requirements: You will need to fulfill all requirements of your criminal case, including paying fines, completing alcohol education or therapy, and serving any jail time. You must also complete any requirements set by the DMV.
• Fees: You will need to pay a reinstatement fee to the DMV.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility. This form is filed directly by the insurance provider to the state database. Defendants in Mesa County do not need to visit a local office to secure this; standard high-risk auto insurers (such as Progressive, Geico, or localized independent brokers) process these filings entirely digitally.
• Classes/Programs That Must Be Completed: Colorado law requires offenders to complete state-certified education and therapy programs to satisfy both court probation and DMV reinstatement requirements. Level I consists of 12 hours of education. Level II (the standard for DUIs) requires 24 hours of education conducted over 12 weeks, followed by 42 to 86 hours of therapeutic counseling, categorized into Tracks A through D based on the defendant's specific chemical evaluation.

Mesa County DMV Offices

The main DMV office serving Mesa County is:

• Mesa County Clerk and Recorder - Motor Vehicle Division: 200 South Spruce Street, Grand Junction, CO 81501. Phone: 970-244-1664

Special Programs

• Ignition Interlock Device (IID) Program: An Ignition Interlock Device (IID) is a vehicle breathalyzer mandated by the DMV for the early reinstatement of a restricted driver's license.
• Occupational License: N/A
• Any State-Specific Programs: N/A

Frequently Asked Questions

1. How long do I have to request an Express Consent hearing in Mesa County after a DUI arrest? You have only seven (7) days from the date of your arrest to request the hearing.
2. If my DUI charges are dropped in criminal court, will my license automatically be reinstated? No. The DMV administrative process is separate from the criminal case. You must still address the license suspension with the DMV, even if your criminal charges are dismissed.
3. Where can I find state-certified DUI education and therapy programs in Mesa County to satisfy court and DMV requirements? Several providers in Mesa County offer these programs, including Amos Counseling (970-778-4360) and Alpha Center (970-241-2948).