Garfield County License Hearing Guide

Garfield County DUI License Suspension & ALR Hearing

A DUI arrest in Garfield County, Colorado, can trigger two separate but intertwined legal processes: a criminal case in court and an administrative action against your driver's license. This guide focuses on the administrative side – specifically, how to fight a potential license suspension through the Colorado Department of Revenue (DOR), Division of Motor Vehicles (DMV) and the Administrative License Revocation (ALR) hearing process. Time is of the essence! Understanding your rights and acting quickly is crucial to protecting your driving privileges.

Your License After a DUI Arrest in Garfield County

Following a DUI arrest, the arresting officer likely confiscated your physical driver's license and issued a temporary driving permit. This temporary permit is valid for a limited time. The clock is ticking to preserve your right to drive. The administrative process, governed by the DMV, determines whether your license will be suspended independent of the outcome of your criminal DUI case. The criminal case addresses the DUI charges themselves, while the ALR process focuses solely on your driving privileges. Even if you are ultimately found not guilty of DUI in criminal court, your license can still be suspended administratively if you don’t take action.

CRITICAL DEADLINE: Request Hearing Within 10 Days

You have only TEN (10) days from the date of your arrest to request an ALR hearing. This is a strict deadline. Missing it will result in the automatic suspension of your driver's license. Don't delay!

• Where to Request: You must request the hearing through the Colorado Department of Revenue, Division of Motor Vehicles (DMV). The arresting officer should have provided you with a form (DR 2879) that contains information on how to request the hearing. If you did not receive this form, contact the DMV immediately.

• How to Request: You can request the hearing online, by phone, or by mail.

• Online: Visit the Colorado DMV website (www.colorado.gov/dmv) and navigate to the section on DUI and Administrative License Revocation hearings. Look for a link to request a hearing online.

• Phone: Call the Colorado DMV's Driver Control Section. The number should be on the DR 2879 form. If you don't have the form, search the Colorado DMV website for the Driver Control Section phone number.

• Mail: Send a written request for a hearing to the address specified on the DR 2879 form (or found on the Colorado DMV website). Your request must include your full name, date of birth, driver's license number, and the date of your arrest. It's highly recommended to send the request via certified mail with return receipt requested to ensure proof of delivery.

• What Happens If You Miss the Deadline: If you fail to request a hearing within 10 days, your driver's license will be automatically suspended. There are very limited exceptions to this rule, so act immediately. Do not wait.

Automatic License Suspension

The reason for your DUI arrest and the subsequent test results (or refusal) will determine the length of your potential license suspension.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol content (BAC) was 0.08 or higher, you face an administrative suspension. The length of the suspension depends on whether it is your first offense and other factors. Generally, a first offense with a BAC over 0.08 results in a [9-month] suspension.
• Temporary Permit Valid Until Hearing or Suspension Begins: Your temporary permit allows you to drive until your ALR hearing is held or until the suspension officially begins if you don't request a hearing or your suspension is upheld at the hearing.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty than failing the test. In Colorado, refusing a test typically results in a [1-year] license suspension for a first offense.
• Implied Consent Law in Colorado: Colorado 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. Refusal to comply with this law carries serious consequences.

The ALR/Administrative Hearing

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

What It Is

• Separate from Criminal Court: The ALR hearing is entirely separate from your criminal court case. It's an administrative proceeding conducted by the Colorado DMV.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether the DMV has sufficient evidence to justify suspending your driver's license.
• Lower Burden of Proof Than Criminal Trial: The DMV only needs to prove its case by a "preponderance of the evidence," meaning it's more likely than not that you were driving under the influence. This is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This could include witness statements, video footage (e.g., dashcam or surveillance video), or any other documentation that challenges the officer's account or the accuracy of the BAC test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Colorado ALR hearings can provide invaluable assistance. They can help you understand your rights, gather evidence, prepare for the hearing, and represent you effectively. An attorney understands the nuances of Colorado DUI law and the ALR process.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the BAC test was properly administered and the results were accurate.
• Whether you were properly informed of your rights under the implied consent law.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: The hearing officer finds that the DMV has sufficient evidence to justify the suspension, and your license will be suspended.
• Suspension Overturned: The hearing officer finds that the DMV does not have sufficient evidence, and your license will not be suspended. You will retain your driving privileges.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive under specific circumstances (e.g., to and from work, school, or medical appointments). This is less common but possible.

Hardship/Restricted License in Colorado

Even if your license is suspended, you may be eligible for a restricted or hardship license, allowing you to drive for essential purposes.

• Eligibility Requirements: Eligibility requirements vary depending on the reason for the suspension and your driving record. Generally, you must demonstrate a need to drive for work, school, medical appointments, or other essential activities. You typically need to complete a Level I or Level II substance abuse education and therapy program before applying for a restricted license.
• What You Can Drive For: A restricted license typically limits you to driving to and from work, school, medical appointments, and court-ordered activities.
• Costs and Application Process: The application process involves completing an application form, providing supporting documentation (e.g., proof of employment, school enrollment, medical appointments), and paying a fee.
• 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

Once your suspension period is over and you've met all reinstatement requirements, you can get your license back.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include:
• Paying a reinstatement fee to the Colorado DMV.
• Providing proof of SR-22 insurance (a certificate of financial responsibility).
• Completing any required alcohol education or treatment programs.
• Potentially retaking the driving test.
• Fees: Reinstatement fees vary and can be found on the Colorado DMV website.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the DMV to prove that you have auto insurance coverage.
• Classes/Programs That Must Be Completed: You may be required to complete alcohol education or treatment programs as part of the reinstatement process.

Garfield County DMV Offices

Unfortunately, specific Garfield County DMV office locations and hours are not available at this time. Please visit the Colorado DMV website (www.colorado.gov/dmv) and use the office locator tool to find the nearest DMV office and its hours of operation.

Special Programs

• Ignition Interlock Device (IID) Program: Colorado requires the use of IIDs for many DUI offenders, both during a license suspension and after reinstatement.
• Occupational License: While Colorado doesn't technically have an "occupational license," the restricted license serves a similar purpose, allowing you to drive for work-related activities.
• Alcohol and Drug Education and Therapy: This is often a mandatory requirement for DUI offenders.

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Garfield County, Colorado. It is not legal advice. You should consult with a qualified DUI attorney to discuss the specific facts of your case and obtain legal advice tailored to your situation.