Fremont County License Hearing Guide

Fremont County DUI License Suspension & ALR Hearing

A DUI arrest in Fremont County, Colorado, can trigger two separate legal battles: the criminal case in court and an administrative case concerning your driver's license. This guide focuses on the administrative side – specifically, the license suspension process and the opportunity to challenge it at an Administrative License Revocation (ALR) hearing. Your ability to drive is on the line, so understanding this process is crucial.

The administrative process is handled by the Colorado Department of Revenue, Division of Motor Vehicles (DMV), and is entirely separate from your criminal case. Even if your criminal charges are dropped, your license can still be suspended through the ALR process. This guide will help you understand the deadlines, procedures, and potential outcomes.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Fremont County, you have a very limited time to act to protect your driving privileges. You MUST request an ALR hearing within 15 days of your arrest. This deadline is unforgiving. Miss it, and your license will automatically be suspended.

Where to Request the Hearing:

You need to contact the Colorado Department of Revenue, Division of Motor Vehicles (DMV).

How to Request the Hearing:

While specific methods may vary slightly, you can typically request a hearing via:

• Online: Check the Colorado DMV website (usually under "Driver Services" or "DUI Information") for an online hearing request form.
• Phone: Call the Colorado DMV's DUI/Driver Control section. The specific number should be on the paperwork you received at the time of your arrest.
• Mail: Send a written request to the Colorado DMV's Driver Control section. Include your full name, date of birth, driver's license number, the date of your arrest, and a clear statement that you are requesting an ALR hearing. Send it certified mail with return receipt requested to ensure proof of delivery.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within 15 days, your license will be automatically suspended. There are very limited exceptions to this rule. Don't risk it. Act immediately.

Automatic License Suspension

Following your DUI arrest, your license is subject to an automatic administrative 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.

• BAC over 0.08: The length of the suspension varies depending on factors such as prior DUI convictions. Generally, a first offense BAC over 0.08 results in a suspension period dictated by Colorado law.
• Temporary Permit: You may have been issued a temporary driving permit at the time of your arrest. This permit is usually valid until the date of your ALR hearing (if requested) or the date the suspension officially begins.

If You Refused Testing

Refusing to submit to a breath or blood test carries a significantly harsher penalty than failing a test. Colorado, like most states, has an implied consent law. This means that by driving on Colorado roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI.

• Refusal Penalty: Refusal typically results in a longer suspension period than failing a test, even for a first offense.
• Implied Consent Law in Colorado: Refusing a test can be used against you in court, in addition to the administrative license suspension.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the proposed suspension of your driver's license. It's a critical part of the DUI process.

What It Is

• Separate from Criminal Court: It's essential to understand that the ALR hearing is a completely separate process from your criminal DUI case. The outcome of the ALR hearing does not directly affect the criminal case, and vice versa (although evidence presented can be used).
• Decides If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the police had probable cause to arrest you for DUI and whether your BAC was over the legal limit (or if you refused testing).
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to show "preponderance of the evidence" (more likely than not) that the suspension is justified, whereas in a criminal trial, the prosecution must prove guilt "beyond a reasonable doubt."

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This could include witness statements, dashcam footage, photos, medical records, or anything else that casts doubt on the validity of the arrest or the accuracy of the BAC test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Colorado ALR hearings can be invaluable. They understand the legal nuances, can effectively cross-examine witnesses, and present your case in the most persuasive manner.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• Whether the police had reasonable suspicion to stop your vehicle.
• Whether the police had probable cause to arrest you for DUI.
• Whether the BAC test was properly administered and the results are accurate.
• Whether you were properly informed of your rights regarding chemical testing (implied consent).

Possible Outcomes

The ALR hearing can have three main 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 is insufficient to justify the suspension, 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, allowing you to drive under specific circumstances (e.g., to work, school, or medical appointments).

Hardship/Restricted License in Colorado

Even with a license suspension, you may be able to obtain a hardship or restricted license to drive under specific circumstances.

• Eligibility Requirements: Eligibility requirements vary depending on the reason for the suspension and your driving record. Generally, you'll need to demonstrate a genuine hardship, such as the need to drive to work or school.
• What You Can Drive For: Restricted licenses typically limit driving to essential activities like commuting to work, attending school, medical appointments, or taking care of family members.
• Costs and Application Process: The application process usually involves completing an application form, providing supporting documentation, and paying a fee. Contact the Colorado DMV for specific details.
• IID Requirement: In many cases, obtaining a restricted license after a DUI conviction requires the installation of an Ignition Interlock Device (IID) in your vehicle. This device requires you to blow into it before starting the car, and it prevents the car from starting if alcohol is detected.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

Regardless of the outcome of your ALR hearing, you'll need to take steps to reinstate your license after your criminal case is resolved.

• Reinstatement Requirements: Reinstatement requirements typically include:
• Serving the full suspension period.
• Paying a reinstatement fee to the Colorado DMV.
• Providing proof of SR-22 insurance (high-risk auto insurance).
• Completing any required DUI education or therapy programs.
• Fees: Reinstatement fees vary and are set by the Colorado DMV.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required auto insurance coverage. You'll likely need to maintain SR-22 insurance for a period of time after your license is reinstated.
• Classes/Programs That Must Be Completed: Depending on the specifics of your case, you may be required to complete DUI education classes, alcohol and drug therapy, or community service.

Fremont County DMV Offices

Unfortunately, Fremont County, Colorado, is a Tier 3 county, meaning that there are limited resources available. The best recommendation is to contact the Colorado DMV directly.

Special Programs

• Ignition Interlock Device Program: As mentioned above, the IID program allows individuals with DUI convictions to drive with a device that prevents the car from starting if alcohol is detected.
• Occupational License: An occupational license is a limited driving privilege that allows individuals to drive for work-related purposes, even if their license is suspended. Eligibility requirements vary.
• State-Specific Programs: Colorado may have other state-specific programs available to individuals with DUI convictions. Contact the Colorado DMV or a DUI attorney for more information.

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Fremont County, Colorado. It is not a substitute for legal advice. If you have been arrested for DUI, it is essential to consult with an experienced DUI attorney as soon as possible to protect your rights and explore your options.