Sedgwick County License Hearing Guide

Your License After a DUI Arrest in Sedgwick County

Being arrested for DUI in Sedgwick County, Colorado, can trigger two separate legal processes: a criminal case in court and an administrative action against your driver's license handled by the Colorado Department of Revenue (DOR). It's crucial to understand that these are distinct, with different rules, timelines, and potential consequences. This guide focuses on the administrative process and how to protect your driving privileges. The administrative process, managed by the Colorado DMV, can result in the suspension of your license regardless of the outcome of your criminal case.

CRITICAL DEADLINE: Request a Hearing Within 7 Days

One of the most critical aspects of the administrative process is the strict deadline for requesting a hearing to challenge the license suspension. In Colorado, you have only 7 calendar days from the date of your DUI arrest or the date the notice of revocation is sent to you to request an Express Consent hearing. This is sometimes called the "Red Zone." This deadline is outlined in Colorado's Express Consent Law, C.R.S. § 42-2-126.

Where to Request: You must request the hearing from the Colorado Department of Revenue (DOR).

How to Request: The fastest and most reliable method, especially given potential mail delays in rural areas like Sedgwick County, is to submit the request online.

• Online: You can submit your request online at mydmv.colorado.gov. This method provides an instant electronic timestamp, proving your request was made within the 7-day window. This is the recommended method for Sedgwick County defendants.
• Form DR 2664 (Discovery Request): To defend against the revocation, the driver must obtain the police reports (Express Consent Packet). The form needed is DR 2664 "Per Se/Express Consent Documents Request" and can be emailed to dor_dmv_expressconsent@state.co.us or mailed to the Driver Control Section in Denver. This form should be submitted simultaneously with the hearing request to ensure the documents are received before the hearing date.

What Happens if You Miss the Deadline: If you fail to request a hearing within the 7-day timeframe, your driver's license will be automatically suspended. There is very little recourse once this deadline passes, so it is imperative to act quickly.

Automatic License Suspension

Even before your ALR hearing, your license may face immediate suspension based 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 length of the suspension varies depending on prior offenses and other factors.

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 (breath, blood, or urine) if lawfully arrested for DUI. Refusing to submit to testing carries significant penalties, generally a longer suspension period than failing a test.

The ALR/Administrative Hearing

What It Is

The Administrative License Revocation (ALR) hearing, also known as an Express Consent hearing, is a separate proceeding from your criminal DUI case. It is conducted by the Colorado DMV to determine whether your driver's license should be suspended based on the circumstances of your arrest. The key is that the standard of proof is lower than in criminal court.

How to Prepare

Preparing for your ALR hearing is crucial to maximizing your chances of retaining your driving privileges.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, videos, or photos.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Sedgwick County can help you navigate the ALR process, gather evidence, and present a strong defense. Due to the aggressive prosecution doctrine of the 13th Judicial District Attorney’s Office, it is more important than ever to have proper representation.
• Understand What You Can Challenge: You can challenge various aspects of the case, such as the legality of the traffic stop, the accuracy of the BAC test, or whether you were properly advised of your rights.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: If the hearing officer finds sufficient evidence to support the suspension, your license will be suspended.
• Suspension Overturned: If the hearing officer finds that the evidence does not support the suspension, your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted license, allowing you to drive for limited purposes such as work, school, or medical appointments.

Hardship/Restricted License in Colorado may offer a restricted license (also called a "red license") under certain conditions, allowing you to drive even during a suspension period.

• Eligibility Requirements: Eligibility for a restricted license varies depending on the reason for the suspension and other factors.
• What You Can Drive For: A restricted license typically allows you to drive for essential purposes such as work, school, medical appointments, and substance abuse treatment.
• Costs and Application Process: There are fees associated with obtaining a restricted license, and the application process involves submitting specific documentation to the DMV.
• IID Requirement: In many cases, obtaining a restricted license requires the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

After Criminal Case Concludes

Even if your criminal case results in a favorable outcome (e.g., dismissal or reduced charges), you still need to take steps to reinstate your license after the administrative suspension period ends.

• Reinstatement Requirements: You will need to meet certain requirements to reinstate your license, such as paying reinstatement fees, completing any required alcohol education or treatment programs, and passing the driver's license exams.
• Fees: Reinstatement fees vary depending on the reason for the suspension.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs That Must Be Completed: Depending on the circumstances of your DUI, you may be required to complete alcohol education or treatment programs before your license can be reinstated.

Sedgwick County DMV Offices

There are no DMV offices in Sedgwick County itself. The nearest full-service DMV locations are:

• Sterling Driver's License Office: 12220 Highway 61, Sterling, CO 80751
• Fort Morgan Driver's License Office: 715 E. Railroad Ave, Fort Morgan, CO 80701

However, given the 7-day deadline for requesting a hearing, in-person visits are generally not recommended due to time constraints. The online portal is the most efficient method.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned above, the IID program allows individuals with suspended licenses to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath. Korf Continental Ford, located at 622 West 1st Street in Julesburg, is an authorized Smart Start provider.
• The "Sober Driver" Pre-Emption: In some borderline cases (e.g., low BAC, cooperative driver), an officer may allow a sober passenger to take the vehicle, or allow the vehicle to be parked safely rather than towed. However, on I-76, this is rarely permitted due to highway safety regulations.

Navigating the DUI license suspension process in Sedgwick County can be challenging. Understanding the deadlines, procedures, and your rights is crucial to protecting your driving privileges.

Frequently Asked Questions

**1. If I'm arrested for DUI in Sedgwick County and my car is impounded, how do I get it back?*Your vehicle cannot be released by the tow yard until the owner presents a "Release Form" issued by the Sedgwick County Sheriff’s Office. You'll need to contact the Sedgwick County Sheriff’s Office to obtain this form after your release. Be aware that the Sedgwick County Sheriff’s Office is located at 315 Cedar St, Ste 320, Julesburg, CO 80737. You should ask the booking officer "Is there a hold on my vehicle? What is the case number?". The dominant towing operator is Steve's Towing & Recovery LLC, based in Julesburg.

**2. I was arrested for DUI in Sedgwick County on a Friday night. Will I be able to post bail over the weekend?*If arrested on a Friday night for a DV-related DUI or a repeat offense, the defendant may be held "No Bond" until seeing a magistrate. In rural districts, this often means waiting until Monday morning. The Sheriff Bonding Policy mandates a release target of within 6 hours of the bond being posted. If bond is posted in Julesburg but the inmate is in Sterling, the SCSO must communicate with Logan County to process the release.

**3. How does the 7-day DMV hearing request deadline work if I live in Sedgwick County and the notice is mailed to me?*Due to rural mail lag, mail routed from Denver may take 3-4 days to arrive. If a letter is dated Monday and arrives Thursday, the defendant has only until the following Monday to request the hearing. It is highly recommended that you request the hearing online at mydmv.colorado.gov to get an instant timestamp.