San Juan County License Hearing Guide

San Juan County DUI License Suspension & ALR Hearing

After a DUI arrest in San Juan County, Colorado, you face two separate but related 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 by the Colorado Department of Motor Vehicles (DMV) and the steps you can take to challenge it. The administrative process is separate from the criminal court proceedings. Even if the criminal charges are dropped, your license can still be suspended by the DMV.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in San Juan County, you have a very limited window to protect your driving privileges. You must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This hearing allows you to challenge the potential suspension of your driver's license.

To request a hearing, contact the Colorado DMV Hearings Division. While historically hearings required travel to a DMV office, the Hearings Division has shifted almost entirely to Zoom video conferencing. This is a massive benefit for San Juan County defendants, eliminating the need to drive to Durango or Grand Junction for the administrative hearing.

You can request a hearing by:

• Online: There may be an option to request a hearing online through the Colorado DMV website.
• Phone: Contact the Hearings Division directly.
• Mail: Send a written request to the Hearings Division.

Important: Keep a record of your request, including the date you submitted it and any confirmation numbers you receive.

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

Automatic License Suspension

Even if you request a hearing, your license may be subject to an automatic suspension depending on the circumstances of your arrest.

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, your license will be suspended. The suspension period varies depending on prior offenses.

You will receive a temporary driving permit, which is valid until your ALR hearing or until the date the suspension begins.

If You Refused Testing

Colorado, like most states, has an "implied consent" law. This means that by driving on Colorado roads, you have implicitly agreed to submit to chemical testing if a law enforcement officer has probable cause to believe you are driving under the influence.

If you refused to take a breath or blood test, the penalty is a longer license suspension than if you had failed the test.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding conducted by the Colorado DMV. It is entirely separate from your criminal court case. The purpose of the hearing is to determine whether the 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 (meaning it is more likely than not) that you were driving under the influence.

How to Prepare

Preparing for your ALR hearing is crucial to protecting your driving privileges.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney can help you understand the law, gather evidence, and represent you at the ALR hearing.
• Understand What You Can Challenge: You can challenge various aspects of the case, such as the validity of the traffic stop, the accuracy of the breath or blood test, or whether you were properly advised of your rights.

Possible Outcomes

There are three possible outcomes of an ALR hearing:

• Suspension Upheld: The DMV finds sufficient evidence to suspend your license.
• Suspension Overturned: The DMV does not find sufficient evidence to suspend your license, and your license is reinstated.
• Restricted/Hardship License Granted: In some cases, 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 may allow for a restricted license under certain circumstances.

• Eligibility Requirements: Eligibility often depends on factors like the length of the suspension, prior driving record, and whether you have completed any required alcohol education or treatment programs.
• What You Can Drive For: A restricted license typically allows you to drive for essential purposes, such as getting to and from work, school, medical appointments, or court-ordered treatment.
• Costs and Application Process: There are fees associated with applying for a restricted license. The application process involves submitting documentation to the DMV.
• IID Requirement: In many cases, a restricted license will require you to install an Ignition Interlock Device (IID) on your vehicle.

Getting Your License Back

After Criminal Case Concludes

Even if your license is suspended through the administrative process, you will eventually be able to reinstate it.

• Reinstatement Requirements: Reinstatement requirements typically include paying a reinstatement fee to the DMV and providing proof of SR-22 insurance.
• Fees: Be prepared to pay a reinstatement fee.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required auto insurance coverage.
• Classes/Programs That Must Be Completed: You may be required to complete alcohol education or treatment programs before your license can be reinstated.

San Juan County DMV Offices

Due to the shift to Zoom hearings, in-person DMV contact is reduced. However, if an in-person hearing is strictly required, the nearest Driver Control hearing office is located at 309 S Camino Del Rio, Durango, CO 81303. The Lakewood office in Denver is permanently closed.

Special Programs

• Ignition Interlock Device Program: If required, you will need to install an IID on your vehicle. Due to the extreme environmental conditions of San Juan County, this phase presents specific technical challenges. A major logistical hurdle is the absence of certified interlock installers within San Juan County. Residents must travel to Durango or Cortez for installation and mandated monthly calibrations. The combination of high altitude and extreme cold (routinely reaching -20°F) creates a specific failure mode for IIDs in San Juan County. The user can detach the main handset (head unit) and bring it indoors overnight, keeping it at room temperature. The user must wait for the unit to enter "Sleep Mode" (often indicated by a 2-minute countdown) before unplugging it. Unplugging it too early can trigger a "Tamper" violation. Reconnecting a warm unit allows for immediate testing, bypassing the warmup delay and saving the vehicle battery.

Frequently Asked Questions

Q: Where will my car be impounded if I am arrested for DUI in Silverton? A: Your vehicle will likely be impounded by Animas Towing, which provides towing services for the Town of Silverton.

Q: If my license is suspended, where is the closest location to install an IID? A: You will need to travel to Durango to install an Ignition Interlock Device (IID). Axxis Audio of Durango, located at 309 S Camino Del Rio, Durango, CO 81303, serves as the critical node for interlock services, hosting multiple vendors and located adjacent to the DMV office.

**Q: Where will I be taken after being arrested for DUI in San Juan County?*A: Following the arrest processing (which may occur at the SJSO office in Silverton), the arrestee is transported approximately 48 miles south via US-550 to Durango, and "booking" officially occurs at the La Plata County Detention Center.