Washington County License Hearing Guide

Washington County DUI License Suspension & ALR Hearing

A DUI arrest in Washington County, Colorado, triggers 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 opportunity to challenge that suspension at an Administrative License Revocation (ALR) hearing. Understanding this process and acting quickly is crucial to preserving your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest, you have only 15 days from the date of the arrest to request an ALR hearing with the Colorado DMV. This is a strict deadline. Missing it results in an automatic suspension of your driver's license.

Where to Request: The request must be made to the Colorado DMV.

How to Request: It is highly recommended that you request the hearing online through the Colorado DMV website. This provides immediate confirmation that your request was received. The Colorado DMV website is the most efficient method for scheduling your ALR hearing.

What Happens if You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. There are very limited exceptions to this rule.

Automatic License Suspension

Even if you request a hearing, your license may still 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, the Colorado DMV will likely suspend your license. The length of the suspension varies depending on prior offenses.

• BAC over 0.08: The suspension period for a first offense is generally several months.
• Temporary Permit: You will typically receive a temporary driving permit valid until your ALR hearing or the start of your suspension period, whichever comes first.

If You Refused Testing

Refusing to submit to a breath or blood test carries even harsher penalties under Colorado's implied consent laws.

• Refusal Penalty: A license suspension for refusing a chemical test is typically longer than a suspension for failing the test.
• 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 carries significant consequences.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding completely separate from your criminal DUI case. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the Colorado DMV has sufficient evidence to suspend your license.
• Lower Burden of Proof than Criminal Trial: The standard of proof at an ALR hearing is "preponderance of the evidence," which is a lower standard than "beyond a reasonable doubt" required in criminal court. This means the DMV only needs to show it is more likely than not that you were driving under the influence.

How to Prepare

• Gather Evidence: Gather any evidence that supports your case, such as witness statements, video footage, or expert testimony.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Washington County can help you prepare for the hearing, present evidence, and cross-examine witnesses. They can also advise you on the best course of action.
• Understand What You Can Challenge: At the ALR hearing, you can challenge various aspects of the DUI stop and arrest, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the chemical test was properly administered and the results are accurate.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DMV has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DMV has not met its burden of proof, the suspension will be overturned, and your license 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.

Hardship/Restricted License in Colorado allows for restricted licenses under certain circumstances, allowing you to drive for specific purposes even during a suspension.

• Eligibility Requirements: Eligibility requirements vary depending on the reason for the suspension and whether you have prior offenses.
• What You Can Drive For: Restricted licenses typically allow driving for work, school, medical appointments, and substance abuse treatment.
• Costs and Application Process: The application process involves submitting documentation to the Colorado DMV and paying a fee.
• IID Requirement: In many cases, a restricted license requires 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: Reinstatement requirements vary depending on the outcome of your criminal case and the length of your suspension.
• Fees: You will need to pay a reinstatement fee to the Colorado DMV.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility.
• Classes/Programs that Must Be Completed: You may be required to complete DUI education classes or therapy programs.

Washington County DMV Offices

There are no DMV offices located within Washington County. The nearest DMV office is located in Fort Morgan.

• Fort Morgan DMV: 714 East Railroad Ave, Fort Morgan, CO 80701

Special Programs

• Ignition Interlock Device (IID) Program: Colorado requires the use of IIDs for many DUI offenders. However, the "Interlock Desert" effect is severe in Washington County. There are zero dedicated interlock installation centers listed directly in Akron. The nearest installation centers are in Sterling (approx. 35 miles Northeast) and Fort Morgan (approx. 35 miles Southwest). A defendant with a revoked license cannot legally drive to Sterling or Fort Morgan to get the device installed that allows them to drive. The vehicle must be towed to the installer, or a licensed driver must drive it there. This adds ~$200-$300 in tow costs or logistical coordination to the process.
• Washington County Sheriff’s Office ICE Detainer Policy: The Washington County Sheriff’s Office has a written directive regarding ICE detainees that is surprisingly protective. The WCSO will not honor ICE detainers (Form I-247) or administrative warrants unless they are accompanied by a judicial warrant signed by a federal magistrate or judge.

Frequently Asked Questions

Q: How long do I have to request an ALR hearing in Washington County? A: You have only 15 days from the date of your DUI arrest to request an ALR hearing with the Colorado DMV.

Q: What happens if I miss the deadline to request an ALR hearing? A: If you miss the deadline, your driver's license will be automatically suspended.

Q: Where is the nearest interlock installation center to Akron? A: The nearest interlock installation centers are located in Sterling and Fort Morgan, approximately 35 miles away.