Gilpin County License Hearing Guide

Gilpin County DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

After a DUI arrest in Gilpin County, Colorado, you're facing two separate legal battles: a criminal case in court and an administrative process with the Colorado Department of Revenue, Division of Motor Vehicles (DMV). This guide focuses on the administrative side, specifically the potential suspension of your driver's license and the crucial Administrative License Revocation (ALR) hearing. It's vital to understand these processes, as failure to act quickly can result in a significant license suspension, impacting your ability to work, care for your family, and manage daily life. This is not legal advice; consult with a qualified DUI attorney immediately.

Your License After a DUI Arrest in Gilpin County

Think of it this way: the criminal case determines your guilt or innocence regarding the DUI charge itself. The administrative process, handled by the DMV, determines whether your driving privileges should be suspended due to the circumstances of your arrest, primarily related to your Blood Alcohol Content (BAC) or refusal to submit to testing. The outcome of one doesn't automatically dictate the outcome of the other. You can be found not guilty in criminal court, but still lose your license administratively, and vice versa.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important piece of information: you have only 15 days from the date of your DUI arrest to request an ALR hearing. This hearing is your opportunity to challenge the potential suspension of your driver's license. Missing this deadline results in an automatic license suspension. No exceptions.

Where to Request: The Colorado Department of Revenue, Division of Motor Vehicles (DMV).

How to Request: You can request the hearing in one of three ways:

• Online: The Colorado DMV may offer an online portal for scheduling ALR hearings. Check the DMV website (
  colorado.gov/dmv) for the most up-to-date information and availability of online scheduling.
• Phone: Call the Colorado DMV's Driver Control section. The specific phone number should be provided on the paperwork you received at the time of your arrest. If not, consult the DMV website for the appropriate contact number. Be prepared to provide your driver's license number and arrest information.
• Mail: Send a written request for an ALR hearing to the address specified on your paperwork from your arrest. If you don't have this paperwork, contact the DMV directly to obtain the correct mailing address. Your written request should include:
• Your full name
• Your date of birth
• Your driver's license number
• The date of your DUI arrest
• A clear statement that you are requesting an ALR hearing to contest the suspension of your driver's license.
• Your current mailing address and phone number.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. There is very little recourse once this deadline passes. The suspension will begin as outlined in the section below, depending on whether you took a breath or blood test, and the results.

Automatic License Suspension

The length of your license suspension depends on whether you submitted to chemical testing (breath or blood) and the results, or if you refused to take the test.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: In Colorado, if your BAC was 0.08 or higher, you face an administrative license suspension. The length of the suspension can vary depending on prior DUI offenses, but typically it's a 9-month suspension for a first offense with a BAC at or above 0.08.
• Temporary Permit: After your arrest, you likely received a temporary driving permit. This permit is valid until your ALR hearing or until the suspension begins if you don't request a hearing or lose your hearing. Pay close attention to the expiration date on the temporary permit.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty in Colorado. The license suspension for a first-time refusal is typically one year.
• Implied Consent Law in Colorado: 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 if lawfully arrested for DUI. Refusal to comply with this law results in the penalties described above.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It's conducted by the Colorado DMV, not a court of law. The purpose of the hearing is to determine whether the DMV has sufficient evidence to suspend your driver's license based on the circumstances of your DUI arrest.

• Separate From Criminal Court: As mentioned earlier, the outcome of the ALR hearing does not automatically determine the outcome of your criminal case, and vice versa.
• Decide If License Suspension Is Warranted: The hearing officer will review the evidence presented and decide whether the suspension is justified.
• 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 "probable cause" that you were driving under the influence, not "beyond a reasonable doubt," as required in criminal court.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements
• Video footage (e.g., dashcam footage)
• Medical records (if applicable)
• Any documentation that challenges the accuracy of the breath/blood test or the validity of the police stop.
• Consider Hiring a DUI Attorney: A DUI attorney specializing in Colorado ALR hearings can be invaluable. They understand the legal nuances, can gather and present evidence effectively, and can cross-examine witnesses.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• Whether the police had probable cause to stop you.
• Whether you were properly advised of your rights under the implied consent law.
• Whether the breath/blood test was administered correctly.
• Whether the testing equipment was properly calibrated and maintained.
• Whether the test results are accurate and reliable.

Possible Outcomes

The hearing officer will issue a decision after the hearing. Possible outcomes include:

• Suspension Upheld: The hearing officer determines that the DMV has sufficient evidence to justify the suspension. Your license will be suspended as originally indicated.
• Suspension Overturned: The hearing officer determines that the DMV does not have sufficient evidence to justify the suspension. Your license will not be suspended.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Colorado

Even if your license is suspended, you may be eligible for a restricted license in Colorado, allowing you to drive for specific purposes.

• Eligibility Requirements: Eligibility for a restricted license typically depends on factors like your driving record, the severity of the DUI offense, and whether you are participating in any required alcohol education or treatment programs.
• What You Can Drive For: Restricted licenses usually allow driving for work, school, medical appointments, and court-ordered obligations.
• Costs and Application Process: The application process involves submitting an application to the Colorado DMV and paying a fee. You may need to provide documentation verifying your need for a restricted license, such as an employment letter or school schedule.
• IID Requirement: In many cases, obtaining a restricted license will require the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

After Criminal Case Concludes

Regardless of the outcome of your ALR hearing, you will eventually need to reinstate your license after the suspension period ends and after your criminal case concludes.

• Reinstatement Requirements: Reinstatement requirements typically include:
• Paying a reinstatement fee to the DMV.
• Providing proof of SR-22 insurance.
• Completing any required alcohol education or treatment programs.
• Potentially retaking the driving test.
• Fees: Reinstatement fees vary. Contact the Colorado DMV for current fee information.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state after certain traffic violations, including DUI.
• Classes/Programs That Must Be Completed: You may be required to complete DUI education or treatment programs as part of your sentencing in the criminal case or as a condition of license reinstatement.

Gilpin County DMV Offices

Since Gilpin County has a very small population, residents typically utilize DMV offices in neighboring counties. Contact the Colorado DMV directly or visit their website (

colorado.gov/dmv) to find the nearest and most convenient location.

Special Programs

• Ignition Interlock Device Program: Colorado has a mandatory IID program for many DUI offenders. This program requires the installation of a breath-testing device in your vehicle that prevents it from starting if alcohol is detected.
• Occupational License: An occupational license is a type of restricted license that allows you to drive for work-related purposes only. Eligibility requirements vary.

Disclaimer: This information is for informational purposes only and does not constitute legal advice. Consult with a qualified DUI attorney in Gilpin County, Colorado, to discuss your specific situation and legal options. The laws surrounding DUI are complex and subject to change. Acting quickly and seeking legal counsel is crucial to protecting your rights and driving privileges.