Routt County License Hearing Guide

Routt County DUI License Suspension & ALR Hearing

A DUI arrest in Routt County, Colorado, triggers two separate legal cases: a criminal case in Routt County Combined Court and an administrative case handled by the Colorado Department of Revenue (DMV). This guide focuses on the administrative side, specifically the potential suspension of your driver's license and how to navigate the Administrative License Revocation (ALR) hearing process. Understanding these procedures and deadlines is crucial to protecting your driving privileges. Remember that the DMV process moves significantly faster than the criminal proceedings, making swift action essential.

CRITICAL DEADLINE: Request a Hearing Within 7 Days

Upon arrest for DUI in Routt County, the arresting officer typically serves you with an Express Consent Affidavit and Notice of Revocation. This document includes a temporary driving permit valid for only seven days. You have only 7 calendar days from the date of this notice to request an ALR hearing with the Colorado DMV. This is a hard deadline.

• Where to request: The Colorado Department of Revenue, Hearings Section.

• How to request: The preferred method is via email to ensure a timestamped record. You can also fax or mail your request, but these methods are riskier due to the short timeframe.

• Email (The Gold Standard): dor_hearingrequest@state.co.us

• Fax: 303-205-5960

• Snail Mail: PO Box 173350, Denver, CO 80217

• In-Person: Steamboat Springs Driver License Office (425 Anglers Drive, Suite C). Be aware of potential long wait times and lunch closures.

• What happens if you miss the deadline: If you fail to request a hearing within the 7-day window, your driver's license will be automatically revoked. There is no grace period. The 7-day count includes weekends and holidays. However, Colorado statute allows for a "Late Hearing Request" if the failure was due to a verified medical or emergency reason, such as incarceration.

Automatic License Suspension

Following a DUI arrest, your license may be automatically suspended based on your Blood Alcohol Content (BAC) or if you refused to submit to chemical testing.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your BAC was 0.08 or higher, the Colorado DMV will likely suspend your license. The length of the suspension varies based on prior offenses and other factors.
• Temporary permit: The Express Consent Affidavit and Notice of Revocation acts as a temporary driving permit valid until the ALR hearing or the start of the suspension period, whichever comes first.

If You Refused Testing

• Refusal penalty: Refusing to submit to a breath or blood test carries a harsher penalty than failing the test. The license suspension period is typically longer for a refusal.
• Implied consent law in Colorado: By driving on Colorado roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to do so can result in severe penalties, including license suspension, even if you are not ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a crucial step in defending your driving privileges.

What It Is

• Separate from criminal court: The ALR hearing is an administrative proceeding conducted by the Colorado DMV, separate from your criminal case in Routt County Combined Court at 1955 Shield Drive. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decides 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 DMV only needs to prove its case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required for a criminal conviction.

How to Prepare

• Gather evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or any other information that challenges the basis for the stop or the accuracy of the BAC testing.
• Consider hiring a DUI attorney: A DUI attorney familiar with Routt County procedures and Colorado DUI law can represent you at the ALR hearing and help you present the strongest possible defense.
• 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, whether the BAC test was properly administered, and whether you were properly advised of your rights.

Possible Outcomes

• Suspension upheld: If the DMV finds sufficient evidence to support the suspension, your license will be revoked for a specified period.
• Suspension overturned: If the DMV does not find sufficient evidence, the suspension will be rescinded, and your driving privileges will be 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 limited purposes, such as work or school.

Hardship/Restricted License in Colorado law allows for a restricted license in certain DUI cases, but eligibility requirements apply.

• Eligibility requirements: Eligibility depends on factors like prior DUI offenses, BAC level, and whether you refused testing.
• What you can drive for: Restricted licenses typically allow driving for work, school, medical appointments, and substance abuse treatment.
• Costs and application process: There are fees associated with applying for a restricted license, and the application process involves submitting documentation and meeting specific requirements set by the Colorado DMV.
• IID requirement: Often, a condition of a restricted license is the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement requirements: After your suspension period ends and your criminal case is resolved, you must meet specific reinstatement requirements set by the Colorado DMV.
• Fees: You will likely need to pay a reinstatement fee to the DMV.
• SR-22 insurance requirement: Colorado often requires you to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period after a DUI conviction.
• Classes/programs: You may be required to complete DUI education classes or therapy programs before your license can be reinstated.

Routt County DMV Offices

The Steamboat Springs Driver License Office is located at:

• Steamboat Springs Driver License Office: 425 Anglers Drive, Suite C, Steamboat Springs, CO. Check for current hours of operation, as hours may vary and the office closes for lunch (12:00-13:00).

Special Programs

• Ignition interlock device program: Colorado requires IIDs for many DUI offenders.
• Late Hearing Request: If the deadline is missed, the license is automatically revoked. However, statute allows for a "Late Hearing Request" if the failure to request was caused by a verified medical or emergency reason. The only reason consistently accepted by the DMV is incarceration.

Frequently Asked Questions

**Q: If I bond out of jail on a Friday night, when is the best time to pick up my car to avoid extra fees?*A: Defense counsel should almost always advise clients to retrieve the vehicle immediately, paying the after-hours fee. The risk of waiting extends beyond the ~$9 math; if the defendant cannot get to the lot by 5:00 PM on Monday (perhaps due to court or work), a third day of storage accrues, making the "wait and save" strategy a financial loss.

**Q: What should I do if the tow company won't let me get my wallet out of my impounded car?*A: Under Colorado law, tow operators must allow you to retrieve specific essential items from the vehicle without paying the tow bill and without being charged a property retrieval fee. These "Protected Items" include State/Federal Identification (Driver's License, Passport), Keys, Cellular Telephones, Medication and Medical Devices, Credit Cards and Cash (specifically if used to pay the tow bill), and Child Restraint Systems. Cite "PUC rules regarding protected items" if an operator refuses access to a phone or wallet.

**Q: What happens if I miss the 7-day deadline to request an ALR hearing because I was in jail?*A: Statute allows for a "Late Hearing Request" if the failure to request was caused by a verified medical or emergency reason. The only reason consistently accepted by the DMV is incarceration. If you were in jail for the entire 7-day period and physically unable to make the request, a late request will typically be granted.