Moffat County License Hearing Guide

Moffat County DUI License Suspension & ALR Hearing

Getting arrested for a DUI in Moffat County, Colorado is a serious matter. Beyond the criminal charges, your driver's license is immediately at risk. Understanding the administrative process, particularly the Administrative License Revocation (ALR) hearing, is crucial to protecting your driving privileges. This guide provides essential information and actionable steps you need to take now.

The DUI process is essentially split into two separate tracks:

• Criminal Court: This deals with the DUI charges themselves, including fines, jail time, community service, and probation.
• Administrative Hearing (ALR Hearing): This is a civil process handled by the Colorado Department of Revenue, Division of Motor Vehicles (DMV), and focuses solely on your driver's license.

Even if you are found not guilty in criminal court, your license can still be suspended through the ALR process. This is why it's vital to understand your rights and act quickly.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an ALR hearing with the Colorado DMV. Missing this deadline results in an automatic suspension of your driver's license. Do not delay!

Where to Request: Colorado Department of Revenue, Division of Motor Vehicles (DMV).

How to Request:

• Online: The fastest and most reliable way to request a hearing is online through the Colorado DMV website. Look for the "Request for Hearing" form related to DUI/DWAI suspensions. You will likely need your driver's license number and case information.
• Phone: You can attempt to request a hearing by calling the Colorado DMV. However, online is strongly recommended due to potential delays and documentation issues.
• Mail: You can send a written request for a hearing via certified mail with return receipt requested. This ensures you have proof of your request being sent within the 15-day timeframe. Address your request to the Colorado DMV Driver Control Section. Specific address information needs to be obtained from the Colorado DMV website as it is subject to change.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within 15 days, your driver's license will automatically be suspended. The length of the suspension depends on whether you took and failed a breath/blood test or refused to take one. Reversing an automatic suspension after missing the deadline is extremely difficult, so proactive action is key.

Automatic License Suspension

The Colorado DMV will automatically initiate a license suspension process following a DUI arrest based on two main scenarios: failing a chemical test or refusing to take one.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol content (BAC) was 0.08% or higher, the DMV will likely suspend your license. The suspension period for a first offense is typically [Specific suspension period for first offense in Colorado - needs to be researched and added]. This information will be included on the paperwork you received at the time of your arrest.

• Temporary Permit: The officer may have issued you a temporary driving permit, valid until the date of your ALR hearing or the start date of your suspension, whichever comes first.

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 chemical testing will result in a longer suspension period, typically [Specific suspension period for refusal in Colorado - needs to be researched and added].

• Implied Consent Law in Colorado: Colorado, like all states, 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 requested by a law enforcement officer. Refusal to do so carries significant consequences.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: It's crucial to remember that this hearing is entirely separate from your criminal DUI case. The outcome of the ALR hearing does not directly impact the criminal charges, and vice versa.

• Decides if License Suspension is Warranted: The sole purpose of the ALR hearing is to determine whether the DMV has sufficient evidence to justify suspending your driver's license.

• Lower Burden of Proof Than Criminal Trial: The standard of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to show "preponderance of the evidence" (more likely than not) that you were driving under the influence.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness Statements: Statements from passengers or other individuals who can attest to your sobriety.
• Video Evidence: Dashcam footage or other video recordings that may be relevant.
• Medical Records: If you have a medical condition that could have affected the breath/blood test results, gather relevant medical documentation.
• Consider Hiring a DUI Attorney: A qualified Colorado DUI attorney can represent you at the ALR hearing, navigate the legal complexities, and present the strongest possible defense. They understand the specific nuances of Colorado DUI law and the ALR process.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• The legality of the initial stop: Did the officer have reasonable suspicion to pull you over?
• The administration of the breath/blood test: Was the testing equipment properly calibrated and maintained? Was the test administered correctly?
• Probable cause for the arrest: Did the officer have probable cause to believe you were driving under the influence?

Possible Outcomes

• Suspension Upheld: The DMV hearing officer finds sufficient evidence to support the suspension.
• Suspension Overturned: The DMV hearing officer finds that the DMV did not meet its burden of proof, and your license is reinstated.
• 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 specific purposes.

Hardship/Restricted License in Colorado

Even if your license is suspended, you might be eligible for a restricted or hardship license, allowing you to drive for essential purposes like work, school, or medical appointments.

• Eligibility Requirements: Colorado has specific eligibility requirements for hardship licenses, which may include:
• Completing a substance abuse evaluation.
• Enrolling in or completing a Level I or Level II alcohol education and therapy program.
• Installing an ignition interlock device (IID) on your vehicle.
• What You Can Drive For: A hardship license typically restricts you to driving for:
• Work
• School
• Medical appointments
• Substance abuse treatment
• Costs and Application Process: Applying for a hardship license involves fees and a specific application process through the Colorado DMV.
• IID Requirement: Colorado often requires the installation of an Ignition Interlock Device (IID) on your vehicle as a condition of obtaining a hardship license after a DUI conviction or administrative suspension.

Getting Your License Back

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will typically need to:
• Serve the full suspension period.
• Pay reinstatement fees to the Colorado DMV.
• Provide proof of completion of any required alcohol education or treatment programs.
• Pass any required driving tests.
• Fees: Reinstatement fees vary but can be significant.
• SR-22 Insurance Requirement: Colorado often requires you to obtain SR-22 insurance (proof of financial responsibility) for a specified period after a DUI conviction.
• Classes/Programs That Must Be Completed: Depending on the specifics of your case, you may be required to complete alcohol education classes, therapy programs, or community service.

Moffat County DMV Offices

Unfortunately, no specific DMV office information is available for Moffat County at this time. Please visit the Colorado DMV website (dmv.colorado.gov) to find the nearest DMV office and its hours of operation. You can also often conduct many DMV transactions online.

Special Programs

• Ignition Interlock Device (IID) Program: Colorado has a mandatory IID program for many DUI offenders. This requires the installation of a device in your vehicle that prevents it from starting if you have alcohol on your breath.
• Occupational License: An occupational license (also known as a hardship license) allows you to drive for work-related purposes during a suspension. Eligibility and restrictions apply.
• [Research and add any other Colorado-specific programs relevant to DUI offenders, such as alcohol education programs or victim impact panels.]

Disclaimer: This guide provides general information and should not be considered legal advice. It is crucial to consult with a qualified Colorado DUI attorney to discuss your specific situation and legal options.