Rio Grande County License Hearing Guide

Your License After a DUI Arrest in Rio Grande County

Being arrested for DUI in Rio Grande County can trigger two separate legal processes: a criminal case in court and an administrative action against your driver's license by the Colorado Department of Revenue (DOR). This guide focuses on the administrative side, specifically the license suspension and the Administrative License Revocation (ALR) hearing process. It's crucial to understand that the outcome of the ALR hearing is independent of your criminal case. Even if you are found not guilty in court, your license can still be suspended administratively.

CRITICAL DEADLINE: Request Hearing Within 7 Days

If you were arrested for DUI in Rio Grande County and received a Notice of Revocation, you have a very limited time to act. You must request an ALR hearing within 7 days of receiving the notice to challenge the potential suspension of your driver's license. This is governed by Colorado's Express Consent laws.

You must request this hearing from the Colorado Department of Revenue (DOR), not the Rio Grande County court.

How to request an ALR hearing:

• Online: The Colorado DMV may offer an online portal to request a hearing.
• By Mail: Send a written request to the Colorado
  DMV Hearings Section.
• By Phone: Contact the Colorado DMV Hearings Section to inquire about phone request procedures.

What Happens If You Miss the Deadline: If you fail to request a hearing within the 7-day deadline, your license will be automatically suspended. There will be no opportunity to contest the suspension, regardless of the circumstances of your arrest or the status of your criminal case.

Automatic License Suspension

The Colorado DMV can automatically suspend your license based on the circumstances of your DUI arrest, even before your criminal case goes to trial.

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. The length of the suspension varies depending on prior offenses and BAC level.

You may have been issued a temporary driving permit at the time of your arrest. This permit is typically valid until the date of your ALR hearing or until the suspension officially begins, whichever comes first.

If You Refused Testing

Under Colorado's implied consent law, CO law, by driving in the state, you automatically consent to chemical testing if suspected of DUI. Refusing to take a breath or blood test carries significant penalties.

If you refused to submit to chemical testing, your license will be suspended for a longer period than if you had taken and failed the test. Refusal suspensions are typically for one year for a first offense.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding, separate and distinct from your criminal court case. The purpose of the ALR hearing is to determine whether the Colorado DMV has sufficient evidence to suspend your driver's license.

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's how to approach it:

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, medical records, or any other information that challenges the basis for the suspension.
• Consider Hiring a DUI Attorney: A DUI attorney familiar with Rio Grande County and Colorado DUI laws can represent you at the ALR hearing, present evidence on your behalf, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge several aspects of the case, including whether the officer had reasonable suspicion to stop you, whether you were properly advised of your rights under the Express Consent law, and whether the chemical test was administered correctly.

Possible Outcomes

The ALR hearing can have one of several outcomes:

• Suspension Upheld: The DMV finds sufficient evidence to support the suspension, and your license is suspended.
• Suspension Overturned: The DMV does not find sufficient evidence, and your license is not suspended.
• 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 certain conditions.

Hardship/Restricted License in Colorado may offer a restricted license, sometimes called a "red license" or Probationary Driver's License (PDL), under certain circumstances during a license suspension.

Eligibility requirements can include:

• Having no prior DUI convictions within a specified period.
• Enrolling in and completing a DUI education and therapy program.
• Installing an ignition interlock device (IID) on your vehicle.

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

• Driving to and from work.
• Driving to and from school or educational programs.
• Driving to and from medical appointments.
• Driving for court-ordered treatment.

To obtain a restricted license, you will need to apply through the Colorado DMV and pay the required fees. An IID may be required as a condition of the restricted license.

Getting Your License Back

After Criminal Case Concludes

Even if you successfully navigate the ALR hearing, you will still need to take steps to reinstate your license after your criminal case concludes and after any court-ordered suspension period.

Reinstatement requirements typically include:

• Paying a reinstatement fee to the Colorado DMV.
• Filing proof of SR-22 insurance with the DMV for a specified period.
• Completing any court-ordered DUI education or therapy programs.
• Satisfying any ignition interlock device (IID) requirements.

Rio Grande County DMV Offices

Remember that the Rio Grande County Clerk & Recorder's office at 965 6th Street (Annex Bldg), Del Norte, handles vehicle registration, titles, and license plates, BUT they DO NOT issue Driver’s Licenses, ID cards, or handle Reinstatements. To handle driver's license issues, you must travel to Alamosa.

Alamosa Driver's License Office: 8999 Independence Way, Ste. 101. Hours: Monday – Friday, 8:00 a.m. – 4:15 p.m.

This is where you will apply for a Probationary Driver’s License (PDL) or "Red License," pay reinstatement fees, and process the Interlock restrictions.

Special Programs

• Ignition Interlock Device Program: Colorado requires the installation of an IID for repeat DUI offenders and those with high BAC levels. Several IID providers operate in the region, with Alamosa being a central hub.
• Occupational License: Colorado may offer an occupational license, allowing you to drive for work-related purposes even during a suspension. Eligibility requirements and restrictions apply.

Understanding the license suspension process after a DUI arrest in Rio Grande County is essential to protecting your driving privileges. Acting quickly and seeking legal counsel can help you navigate this complex process and achieve the best possible outcome.

Frequently Asked Questions

1. Where do I go to reinstate my driver's license after a DUI suspension in Rio Grande County? You must travel to the Driver's License office in Alamosa at 8999 Independence Way, Ste. 101. The Rio Grande County Clerk & Recorder's office does NOT handle driver's license reinstatements.
2. Can I get a temporary license to drive to work while my license is suspended in Rio Grande County? You may be eligible for a Probationary Driver's License (PDL), also known as a "red license", which allows you to drive for essential purposes like work. You must apply for this license at the Alamosa DMV office.
3. What happens if my car registration expires while it's impounded after my DUI arrest in Rio Grande County? You will need to get a VIN inspection before you can re-register the vehicle. Since the Rio Grande County Clerk's Office doesn't perform VIN inspections, you will need to schedule this with the Rio Grande County Sheriff's Office.