Mineral County License Hearing Guide

Mineral County DUI License Suspension & ALR Hearing

A DUI arrest in Mineral County, Colorado, can be a frightening and confusing experience. While facing criminal charges is a significant concern, many people are surprised to learn that the administrative process regarding your driver's license is separate and often happens faster. This guide will help you understand the crucial deadlines and procedures involved in potentially saving your driver's license after a DUI arrest in Mineral County.

The key takeaway: time is of the essence. Acting quickly is vital to protecting your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Mineral County, you have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the potential suspension of your driver's license.

Where to Request:

You must request the hearing from the Colorado Department of Revenue, Division of Motor Vehicles (DMV). This process is handled at the state level, not the county level.

How to Request:

While the specific method may vary, the most common and recommended way to request an ALR hearing in Colorado is online through the Colorado DMV's website. You can also attempt to request a hearing by phone or mail, but online is generally the fastest and most reliable method.

• Online: Visit the Colorado DMV website (search "Colorado DMV ALR Hearing Request"). Look for the DUI/DWAI section and follow the online instructions.
• Phone: Call the Colorado DMV's Driver Control Section. Be prepared to provide your driver's license number and other identifying information. The phone number is typically listed on the paperwork you received at the time of your arrest.
• Mail: Send a written request to the Colorado DMV's Driver Control Section. Include your name, date of birth, driver's license number, mailing address, and a clear statement that you are requesting an ALR hearing related to your recent DUI arrest in Mineral County. Certified mail with return receipt requested is recommended to prove timely submission.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within the 15-day deadline, your driver's license will automatically be suspended. There are very few exceptions to this rule, so it's crucial to act swiftly. Missing the deadline means you lose your opportunity to challenge the suspension administratively.

Automatic License Suspension

Regardless of the outcome of your criminal DUI case, the Colorado DMV can suspend your license based on the circumstances of your arrest. This is a separate and distinct process from the criminal proceedings.

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 DMV will likely suspend your license.

• BAC over 0.08: The suspension period in Colorado for a first-time DUI with a BAC over 0.08% can range from 3 months to 9 months. The specific length depends on the BAC level and any aggravating factors.
• Temporary Permit: You may have been issued a temporary driving permit at the time of your arrest. This permit is typically valid until your ALR hearing or until the date your suspension begins, whichever comes first. Pay close attention to the expiration date of this permit.

If You Refused Testing

Refusing to submit to a breath or blood test carries even more severe consequences.

• Refusal Penalty: In Colorado, refusing a breath or blood test results in a longer license suspension than failing the test. The suspension period for a first-time refusal is typically one year.
• Implied Consent Law in Colorado: Colorado, like most states, has an implied consent law. This law states that by driving on Colorado roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this law carries significant penalties.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the administrative suspension of your driver's license. It's crucial to understand how this hearing differs from your criminal court case.

What It Is

• Separate from Criminal Court: The ALR hearing is conducted by the Colorado DMV, not the Mineral County court system. The outcome of the ALR hearing does not directly determine the outcome of your criminal DUI case, and vice versa.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DMV has sufficient evidence to justify suspending your driver's license based on the circumstances of your DUI arrest.
• Lower Burden of Proof: The burden of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to demonstrate that it is more likely than not that you were driving under the influence. This means the DMV doesn't need to prove your guilt beyond a reasonable doubt, as is required in criminal court.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or any other documentation that challenges the basis for your arrest.
• Consider Hiring a DUI Attorney: A qualified Colorado DUI attorney can provide invaluable assistance in preparing for and representing you at the ALR hearing. They understand the legal nuances and can effectively advocate on your behalf.
• Understand What You Can Challenge: At the ALR hearing, you can challenge various aspects of your arrest, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breath or blood test was properly administered and the results are accurate.
• Whether you were properly advised of your rights regarding chemical testing.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: If the DMV determines that sufficient evidence exists to support the suspension, your license will be suspended.
• Suspension Overturned: If the DMV determines that the evidence is insufficient, the suspension will be overturned, and your driving privileges will be restored.
• 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 for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Colorado

Even if your license is suspended, you may be able to obtain a restricted or hardship license in Colorado, allowing you to drive for specific purposes.

• Eligibility Requirements: Eligibility for a restricted license typically depends on the reason for the suspension, your driving record, and whether you have completed any required alcohol education or treatment programs.
• What You Can Drive For: A restricted license typically allows you to drive to and from work, school, medical appointments, and other essential activities.
• Costs and Application Process: The application process for a restricted license involves submitting an application to the Colorado DMV and paying the required fees.
• 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 your license suspension period has ended, you will need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

Even if you win your ALR hearing, you still have to deal with the criminal case. If you are convicted, your license could be suspended further.

• Reinstatement Requirements: Reinstatement requirements typically include paying reinstatement fees, providing proof of SR-22 insurance, and completing any required alcohol education or treatment programs.
• Fees: Be prepared to pay reinstatement fees to the Colorado DMV.
• SR-22 Insurance Requirement: You will likely be required to obtain SR-22 insurance, which is a certificate of financial responsibility that your insurance company files with the DMV.
• Classes/Programs That Must Be Completed: You may be required to complete alcohol education or treatment programs as part of your DUI sentence or as a condition of license reinstatement.

Mineral County DMV Offices

Because Mineral County has no population, there are no DMV offices located within the county. You will need to travel to a neighboring county to visit a DMV office. Some of the closest options include:

• Alamosa County DMV:
• Saguache County DMV:

It is always recommended to check the Colorado DMV website for the most up-to-date information on office locations and hours.

Special Programs

• Ignition Interlock Device Program: Colorado has a mandatory Ignition Interlock Device (IID) program for certain DUI offenders. An IID is a device installed in your vehicle that requires you to provide a breath sample before starting the engine. If the device detects alcohol, the vehicle will not start.
• Occupational License: In some cases, you may be eligible for an occupational license, which allows you to drive for work purposes even if your license is suspended.
• Colorado Express Consent Program: This program allows for an earlier reinstatement of driving privileges with the installation of an IID.

A DUI arrest in Mineral County can have significant consequences for your driving privileges. Understanding the ALR hearing process, deadlines, and potential outcomes is crucial to protecting your ability to drive. Act quickly, seek legal advice, and take the necessary steps to navigate this challenging situation.