Morgan County License Hearing Guide

Morgan County DUI License Suspension & ALR Hearing

After a DUI arrest in Morgan County, Colorado, you face two separate legal battles: a criminal case in court and an administrative case with the Colorado Department of Revenue (DMV) regarding your driver's license. This guide focuses on the administrative process, specifically the potential suspension of your license and the steps you can take to challenge it. It's crucial to understand that the administrative process is independent of the criminal case. Even if you are found not guilty in criminal court, the DMV can still suspend your license.

CRITICAL DEADLINE: Request Hearing Within 10 Days

You have a very limited time to act! Following a DUI arrest in Morgan County, you have only ten days from the date of your arrest to request an Administrative License Revocation (ALR) hearing with the Colorado DMV. This hearing is your opportunity to challenge the potential suspension of your driver's license.

To request a hearing, you should send an email to dor_regulatoryhearings@state.co.us. This creates an instant, irrefutable digital timestamp of the request, protecting your rights even if the DMV administration is slow to process it. This is a crucial step to ensure your request is received on time.

**What happens if you miss the deadline?*If you fail to request a hearing within the ten-day deadline, your driver's license will be automatically suspended. There will be no opportunity to challenge the suspension administratively, and you will have to wait out the suspension period before being eligible to reinstate your driving privileges.

Automatic License Suspension

The Colorado DMV can automatically suspend your driver's license under Colorado's Express Consent laws if certain conditions are met following a DUI arrest. The grounds for suspension depend on whether you submitted to chemical testing (breath or blood) and the results of that test, or if you refused to submit to testing. The arresting officer often serves a Notice of Revocation immediately, confiscating the physical license if a breath test is failed or refused.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and the results showed a Blood Alcohol Content (BAC) of 0.08 or higher, your license will be suspended. The length of the suspension will depend on your driving history and any prior DUI offenses.

You are typically issued a temporary driving permit at the time of your arrest, which is valid until your ALR hearing or until the suspension period begins.

If You Refused Testing

Under Colorado's Implied Consent law, by driving on Colorado roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. If you refuse to submit to a breath or blood test, your license will be suspended for a longer period than if you had submitted to testing and failed. Refusing a test carries a more severe penalty.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal court case. It is conducted by the Colorado DMV and is focused solely on whether your driver's license should be suspended. The burden of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to show by a preponderance of the evidence (more likely than not) that the suspension is warranted.

How to Prepare

Preparing for your ALR hearing is crucial. Here are some steps you can take:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or any other relevant documentation.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Colorado ALR hearings can help you understand your rights, gather evidence, and present a strong defense.
• 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 informed of your rights under the Implied Consent law.

Possible Outcomes

The ALR hearing can have one of three possible outcomes:

• Suspension Upheld: The DMV finds that the suspension is warranted, and your license will be suspended for the applicable period.
• Suspension Overturned: The DMV finds that the suspension is not warranted, and your license will not be suspended.
• Restricted/Hardship License Granted: In some cases, the DMV may grant a restricted or hardship license, allowing you to drive under certain conditions, such as for work or school.

Hardship/Restricted License in Colorado allows for restricted driving privileges in certain DUI cases. Eligibility requirements vary depending on the circumstances of your case, including prior offenses and BAC level.

A restricted license typically allows you to drive for essential purposes, such as:

• Driving to and from work
• Driving to and from school
• Driving to medical appointments

To obtain a restricted license, you will likely need to install an Ignition Interlock Device (IID) on your vehicle.

Getting Your License Back

After Criminal Case Concludes

Even if you win your ALR hearing, you may still face a license suspension as part of your criminal case. To reinstate your license after a DUI suspension, you will typically need to:

• Pay a reinstatement fee
• File proof of SR-22 insurance with the DMV
• Complete any required alcohol education or therapy programs

Morgan County DMV Offices

It is crucial to distinguish between the Driver License Office (State) and the Motor Vehicle Office (County). The Driver License Office handles the plastic license card and reinstatements; the Motor Vehicle Office handles license plates and vehicle registration. Defendants frequently go to the wrong office, wasting valuable time.

The Fort Morgan Driver License Office is located at 231 Prospect St, Fort Morgan, CO 80701. The office operates primarily by appointment. Wait times can be significant, so appointments should be booked weeks in advance.

The Motor Vehicle Office is located at 231 Ensign St.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned above, the IID is often a requirement for both restricted licenses and license reinstatement after a DUI.
• Reinstatement Appointment Gold Dust: A defendant should book their reinstatement appointment roughly 3-4 weeks before they anticipate being eligible. Waiting until the eligibility letter arrives to look for an appointment creates a "gap month" where the defendant is legally allowed to drive but physically lacks the license to do so.

Frequently Asked Questions

1. Where are weekend bond hearings held in Morgan County? Bond hearings for Morgan County are conducted at 7:00 AM on Sunday and 7:00 AM on Monday. These hearings are increasingly conducted via audiovisual technology (Webex/Livestream) connecting the jail to the magistrate.
2. How long will I be held at the Morgan County Detention Center after a DUI arrest? Inmates cannot be fully processed or released until they are deemed sober. A defendant with a high Blood Alcohol Content (BAC) will be placed in a holding cell (often referred to as a "detox cell") for 8 to 12 hours.
3. If I'm arrested for DUI on Friday night in Morgan County, when is my first opportunity for release? For arrests occurring over the weekend, the 13th Judicial District operates a specific weekend bond hearing schedule. The 7:00 AM slot on Sunday is the single opportunity for release before the regular work week.