Park County License Hearing Guide

Park County DUI License Suspension & ALR Hearing

A DUI arrest in Park County triggers two separate legal processes: a criminal case in court and an administrative action against your driver's license. This guide focuses on the administrative side, specifically the potential suspension of your license and the opportunity to challenge that suspension at an Administrative License Revocation (ALR) hearing. Understanding this process and acting quickly is crucial to protecting your driving privileges. The Colorado Department of Revenue (DOR) handles this process, independent of the Park County Combined Court.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Park County, you have a limited time to request an ALR hearing to contest the potential suspension of your driver's license. In Colorado, you must request this hearing within 15 days of receiving the Notice of Revocation. This notice is served either at the time of your arrest if you took and failed a breath or blood test, or later by mail if a blood test was administered. Missing this deadline results in an automatic license suspension.

Where to Request: You must request the hearing through the Colorado Department of Revenue, Hearings Division. The Park County Clerk’s office does not handle hearing requests.

How to Request: While in previous years drivers could walk into a local DMV office to request a hearing, this is no longer the protocol. You can request a hearing by:

• Online: Express Consent Cases Procedures - Colorado Department of Revenue
• Mail: Send a written request to the address specified on your Notice of Revocation.

What Happens If You Miss the Deadline: If you fail to request a hearing within the 15-day window, your license will be automatically suspended on the date specified in the Notice of Revocation. There is generally no recourse if you miss this deadline, even if you believe you have a strong defense.

Automatic License Suspension

The Colorado Department of Revenue can automatically suspend your driver's license under two primary circumstances following a DUI arrest: failing a chemical test or refusing to submit to testing.

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 Colorado DMV will suspend your license.

• BAC over 0.08: The length of the suspension depends on prior offenses and other factors.
• Temporary Permit: If you took a breath or blood test and failed, the officer might have issued you a temporary driving permit. This permit is valid until your ALR hearing or until the date your suspension begins, whichever comes first.

If You Refused Testing

Under Colorado's "Express Consent" law, driving on Colorado roads is considered implied consent to submit to chemical testing if a law enforcement officer has probable cause to believe you are driving under the influence.

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty than failing a test. If you refuse testing, your license will be suspended for a longer period than if you had taken and failed a test. Express Consent | Colorado Department of Revenue
• Implied Consent Law in Colorado: By driving in Colorado, you have implicitly agreed to submit to chemical testing if requested by law enforcement.

The ALR/Administrative Hearing

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

What It Is

• Separate From Criminal Court: The ALR hearing is a civil proceeding conducted by the Colorado Department of Revenue and is entirely separate from your criminal DUI case in Park County Combined Court. A favorable outcome in your criminal case does not automatically reinstate your license if it has been suspended by the DMV.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DMV has sufficient evidence to suspend your driver's license.
• Lower Burden of Proof Than Criminal Trial: The burden of proof at 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, rather than "beyond a reasonable doubt" required for a criminal conviction.

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, video footage, or expert testimony challenging the accuracy of the breath or blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Colorado ALR hearings can help you navigate the process, gather evidence, and present a compelling case.
• Understand What You Can Challenge: You can challenge various aspects of the case, including whether the officer had reasonable suspicion to stop you, whether probable cause existed for the arrest, and the accuracy and reliability of the chemical test.

Possible Outcomes

The ALR hearing can result in one of several outcomes:

• Suspension Upheld: The hearing officer finds sufficient evidence to support the license suspension, and your license remains suspended.
• Suspension Overturned: The hearing officer finds insufficient evidence to support the suspension, 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 under specific circumstances.

Hardship/Restricted License in Colorado law allows for a restricted license in certain DUI cases.

• Eligibility Requirements: Eligibility varies.
• What You Can Drive For: Restricted licenses typically allow driving for work, school, or medical appointments.
• Costs and Application Process: The application process involves submitting paperwork and paying applicable fees to the Colorado DMV.
• IID Requirement: Depending on the circumstances of your case, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

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

After Criminal Case Concludes

Whether your criminal case results in a conviction or dismissal, you must still meet the requirements of the Colorado DMV to reinstate your license.

• Reinstatement Requirements: These requirements typically include completing a DUI education program, paying reinstatement fees, and providing proof of SR-22 insurance.
• Fees: You will need to pay a reinstatement fee to the Colorado DMV.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state of Colorado for drivers who have had their licenses suspended or revoked.
• Classes/Programs That Must Be Completed: You will likely be required to complete a DUI education program or therapy before your license can be reinstated.

Park County DMV Offices

The Park County Clerk’s office handles motor vehicle matters, but does not handle ALR hearing requests.

• Park County Motor Vehicle Department: Park County Courthouse, 501 Main Street, Fairplay, CO 80440. Hours are Monday-Friday, 8:00 AM to 4:30 PM. Motor Vehicle | Park County, CO

Special Programs

• Ignition Interlock Device Program: Colorado requires the use of an Ignition Interlock Device (IID) for repeat DUI offenders and those with high BAC levels. You will need to have the device installed by a certified provider. Ignition Interlock Device in Fairplay, CO | IID Install Near You - Intoxalock
• Financial Assistance for Ignition Interlock: Colorado offers financial assistance for those who cannot afford an IID. Financial Assistance for Ignition Interlock | Department of Revenue - Colorado DMV

Frequently Asked Questions

1. How long will my license be suspended for a first-time DUI in Park County? The length of the suspension varies, depending on whether you took and failed a test or refused testing.
2. Can I drive to and from work if my license is suspended in Park County? You may be eligible for a restricted license that allows you to drive to and from work, but eligibility requirements apply.
3. Where do I go to reinstate my license after a DUI suspension in Park County? You must complete the reinstatement process through the Colorado DMV, not the Park County Motor Vehicle Department.