Prowers County License Hearing Guide

Prowers County DUI License Suspension & ALR Hearing

Being arrested for DUI in Prowers County, Colorado, can trigger two separate legal processes: a criminal case in court, and an administrative case handled by the Colorado Department of Revenue, Hearings Division. This guide focuses on the administrative side, specifically how to navigate the potential suspension of your driver's license and request an Administrative License Revocation (ALR) hearing. Understanding these procedures and deadlines is critical to preserving your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

If you were arrested for DUI in Prowers County, you have a very limited time to protect your driver's license. You MUST request an ALR hearing within 15 days of your arrest. This deadline is strictly enforced by the Colorado Department of Revenue.

• Where to Request: You must request the hearing from the Colorado Department of Revenue, Hearings Division.

• How to Request: The most reliable method is to email the request to dor_hearingrequest@state.co.us. This creates an instant digital timestamp.

• What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your driver's license will be automatically suspended. There are very few exceptions to this rule, so it is vital to act quickly.

Automatic License Suspension

Your license can be automatically suspended based on two scenarios: failing a chemical test (breath or blood) or refusing to take one. These suspensions are governed by Colorado's Express Consent laws.

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 Department of Revenue will attempt to suspend your license.

• BAC over 0.08: The suspension period will vary depending on prior offenses and other factors.

• Temporary Permit: The arresting officer may have issued you a temporary driving permit. This permit is valid only until your ALR hearing or until the suspension officially begins, whichever comes first.

If You Refused Testing

Refusing to submit to a breath or blood test carries even harsher penalties than failing one.

• Refusal Penalty: Refusal to take a chemical test results in a longer suspension period.
• Implied Consent Law in Colorado: By driving on Colorado roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI, according to Title 42 of the Colorado Revised Statutes. Refusal to do so has legal consequences.

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, entirely separate from your criminal DUI case. Even if you are found not guilty in criminal court, your license can still be suspended through the ALR process.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether the Department of Revenue has sufficient evidence to justify suspending your license.
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The Department of Revenue only needs to show "preponderance of the evidence" (more likely than not) to support the suspension.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam video (if available), or documentation of medical conditions that may have affected the test results.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Prowers County can guide you through the ALR process, represent you at the hearing, and present the strongest possible defense. In the 15th Judicial District, a local attorney who knows Judge Porter’s preferences is often a more strategic asset than a high-priced stranger.
• Understand What You Can Challenge: You can challenge various aspects of the suspension, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly advised of your rights under Colorado's Express Consent law.
• Whether the breath or blood test was properly administered and the results were accurate.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the Department of Revenue has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the Department of Revenue has not met its burden of proof, 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.

Hardship/Restricted License in Colorado law allows for a restricted license in certain circumstances, allowing you to drive for essential purposes even during a suspension.

• Eligibility Requirements: Eligibility requirements may include completing a Level I or Level II alcohol education and therapy program.
• What You Can Drive For: A restricted license typically allows you to drive to and from work, school, medical appointments, and alcohol treatment programs.
• Costs and Application Process: The application process involves submitting documentation to the Colorado DMV and paying a reinstatement fee.
• IID Requirement: In many cases, obtaining a restricted license requires the installation of an Ignition Interlock Device (IID) in your vehicle, governed by C.R.S. 42-4-1801. Remember that for many, the only way to drive legally during the revocation is to obtain an Interlock-Restricted License. This requires the physical installation of the device before the license can be issued.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps, depending on the outcome of your criminal case and the length of your suspension.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements generally include:
• Fees: Paying all applicable reinstatement fees.
• SR-22 Insurance Requirement: Filing an SR-22 certificate of financial responsibility with the Colorado DMV.
• Classes/Programs that Must Be Completed: Completing any required alcohol education or therapy programs.

Prowers County DMV Offices

The Driver License office is located at 3505 S. Main Street in Lamar. Remember, the new driver license office officially opened in Lamar.

Special Programs

• Ignition Interlock Device Program: If required, you must install and maintain a certified IID in your vehicle. Given the limited selection of IID vendors in Lamar, it’s wise to research and schedule installation promptly. Primary vendors include Allen’s Automotive (412 E Olive St).
• Occupational License: Colorado law allows for a restricted license in certain circumstances, allowing you to drive for essential purposes even during a suspension.

Frequently Asked Questions

Q: I was arrested late on a Friday night. How soon can I get my car out of impound? A: If there is a "Hold" on the vehicle, you will need to wait until Monday morning to get a release form from the Lamar Police Department at 102 E Parmenter. This is because the administrative offices of law enforcement agencies often operate on standard business hours (M-F, 8:30 AM - 4:00 PM).

Q: Can I use a digital ID from the MyColorado app to retrieve my car from the tow yard? A: Ensure the second driver has their physical license. Digital IDs (e.g., via the MyColorado app) are sometimes rejected by rural operators who prefer traditional physical verification.

Q: What if the tow operator demands payment before allowing me to get my wallet out of the car? A: If the tow operator demands payment to access the wallet, cite the PUC regulation regarding life-essential property. The wallet constitutes "identification" and "financial instruments" necessary for basic survival.