Summit County License Hearing Guide

Your License After a DUI Arrest in Summit County

Following a DUI arrest in Summit County, you face two separate but related legal processes: a criminal case in court and an administrative case with the Colorado Department of Revenue (DOR) concerning your driver's license. This guide focuses on the administrative process, specifically the potential suspension of your license and the steps you can take to challenge it. The administrative process is separate from the criminal case, with its own rules and timelines.

CRITICAL DEADLINE: Request a Hearing Within 7 Days

Under Colorado law § 42-2-126, if you are arrested for DUI in Colorado, you have only 7 calendar days from the date of your arrest to request an Express Consent hearing with the Colorado Department of Revenue (DOR) to challenge a potential license suspension. This is also known as an Administrative License Revocation (ALR) hearing.

You can request a hearing through the following methods:

• Online Portal: The recommended method is through the mydmv.colorado.gov portal under "Driver Services > Request a Hearing." This provides an immediate electronic timestamp.
• In-Person: At a full-service Driver License Office.

If you fail to request a hearing within this 7-day window, your license will be automatically suspended on the 8th day. The DMV has limited discretion to grant late hearings unless you were incarcerated and unable to make the request.

Automatic License Suspension

The Colorado Department of Revenue (DOR) can automatically suspend your driver's license based on the circumstances of your DUI arrest.

If You Took the Breath/Blood Test and Failed

If you took a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, the Colorado DMV will likely suspend your license. For drivers under 21, a BAC of 0.02 or higher can trigger a suspension. For Commercial Driver's License (CDL) holders, a BAC of 0.04 or higher can lead to suspension.

If you requested a hearing within the 7-day deadline, you will typically be issued a Temporary Driving Permit valid until the date of your hearing.

If You Refused Testing

Under Colorado's "express consent" law, C.R.S. 42-2-126, driving in Colorado implies your consent to submit to chemical testing (blood or breath) if a law enforcement officer has probable cause to suspect you of DUI. Refusing to submit to testing results in a longer license suspension and a "Persistent Drunk Driver" (PDD) designation, which carries mandatory 2-year interlock requirements and longer revocations.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding, separate from your criminal DUI case. It is conducted by the Colorado Department of Revenue (DOR) to determine whether your driver's license should be suspended based on the DUI arrest.

The burden of proof in an ALR hearing is lower than in a criminal trial. The hearing officer only needs to determine if a preponderance of evidence supports the license suspension.

How to Prepare

To prepare for your ALR hearing:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements or video footage.
• Understand What You Can Challenge: You can challenge whether the officer had reasonable suspicion to stop you, whether they had probable cause to request a test, and the accuracy of the test results.

Possible Outcomes

The ALR hearing can result in the following outcomes:

• Suspension Upheld: The hearing officer agrees with the DMV and upholds the license suspension.
• Suspension Overturned: The hearing officer rules in your favor, and your license is not suspended. This can happen if the officer fails to appear at the hearing after being properly requested.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted license, allowing you to drive for specific purposes.

Hardship/Restricted License in Colorado

In Colorado, you may be eligible for a restricted license, also known as a probationary license, under certain circumstances. This allows you to drive for essential purposes, such as work, school, or medical appointments, even while your license is suspended. Requirements vary based on the specific circumstances of your case.

Getting Your License Back

After Criminal Case Concludes

Once your criminal case concludes and your suspension period is over, you will need to meet certain requirements to reinstate your license. These may include:

• Reinstatement Fees: Paying a reinstatement fee to the DMV.
• SR-22 Insurance: Filing an SR-22 (Certificate of Financial Responsibility) with the DMV, which is an insurance rider guaranteeing coverage.
• Alcohol Education: Completing any required alcohol education classes or programs.

Summit County DMV Offices

The closest Driver License Office to handle Express Consent hearings is:

• Frisco Driver License Office: County Commons, 37 County Rd 1005, Frisco, CO 80443. Hours: Mon-Fri 8:00 AM – 4:30 PM (Closed 12:00-12:30 PM).

Important Note: The County Motor Vehicle Office (license plates/tags) is across the hall from the State Driver License Office (IDs/Revocations) in Frisco. The County staff cannot assist with Express Consent hearings. Make sure you are in the State office queue.

Special Programs

• Ignition Interlock Device (IID): Repeat offenders, those with high BAC levels (over 0.150), or those who refuse testing are often required to install an IID in their vehicle as a condition of license reinstatement or a restricted license.

Frequently Asked Questions

Q: I just got the notice of revocation in the mail, but it's already been 9 days since the postmark. Can I still request a hearing?

A: The DMV has very little discretion to grant late hearings unless incarceration prevented you from requesting one. It is crucial to check your mail vigilantly and ensure your address on file with the DMV is current. If you've moved recently, you might miss the deadline.

Q: Where do I go in Frisco to request an Express Consent hearing?

A: The State Driver License Office (IDs/Revocations) handles these hearings. It's located in the County Commons at 37 County Rd 1005, Frisco, CO 80443. Don't go to the County Motor Vehicle Office (license plates/tags), which is across the hall.

Q: I'm from out of state. Does this license suspension affect my driving privileges in my home state?

A: Colorado is part of the Driver License Compact, an agreement among states to share information about traffic violations and license suspensions. A DUI-related suspension in Colorado will likely be reported to your home state and could result in suspension of your driving privileges there as well.