Gunnison County License Hearing Guide

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

A DUI arrest in Gunnison County can be a frightening experience. While you're dealing with the immediate shock and potential criminal charges, it's crucial to understand that your driving privileges are also at risk. The Colorado Department of Revenue, Division of Motor Vehicles (DMV) can suspend your license independently of any criminal court proceedings. This is an administrative process, separate from the criminal case, but equally important.

This guide provides critical information on the administrative license revocation (ALR) process in Gunnison County, Colorado, and outlines the steps you must take to protect your driving privileges. Time is of the essence. Act quickly!

CRITICAL DEADLINE: Request a Hearing Within 15 Days

Following a DUI arrest in Gunnison County, you have a very limited window to request an administrative hearing to contest a potential license suspension. You must request this hearing within 15 days of your arrest. Missing this deadline means your license will be automatically suspended.

Where to Request:

You must request the hearing from the Colorado Department of Revenue, Division of Motor Vehicles (DMV).

How to Request:

Unfortunately, Colorado does not offer online or phone options for requesting an ALR hearing. You must submit your request in writing, typically via mail.

• Mail: Send a written request for an ALR hearing to the address provided on the express consent affidavit given to you by the arresting officer. This document is crucial and should not be lost. If you do not have this document, contact the Colorado DMV immediately.

What to Include in Your Request:

Your written request should include:

• Your full name
• Your date of birth
• Your driver's license number
• Your current mailing address
• A clear statement that you are requesting an Administrative License Revocation (ALR) hearing to contest the suspension of your driver's license.
• The date and location of your DUI arrest.
• The name of the arresting officer (if known).

What Happens If You Miss the Deadline?

If you fail to request a hearing within 15 days, your license will be automatically suspended. The suspension period will depend on whether you submitted to chemical testing (breath or blood) and the results, or if you refused testing. Don't delay – act now to protect your right to drive.

Automatic License Suspension

Following a DUI arrest in Colorado, your license is subject to automatic suspension based on your BAC level or refusal to submit to testing.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol content (BAC) was 0.08% or higher, your license will be suspended. The length of the suspension depends on your prior driving record. First-time offenders typically face a suspension period of up to 9 months.

The officer likely provided you with a temporary driving permit, which is usually valid until your scheduled ALR hearing or until the suspension officially begins. Be sure to check the expiration date on your temporary permit.

If You Refused Testing

• Refusal Penalty: Colorado has an implied consent law, meaning that by driving on Colorado roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusing to take a breath or blood test carries significant penalties. A first-time refusal results in a one-year license suspension. This is significantly longer than a suspension for a failed test.

The implied consent law states that refusing to submit to chemical testing will result in the loss of your driving privileges. This is separate from any criminal penalties you may face.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the suspension of your driver's license. It's a crucial step in protecting your driving privileges.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding conducted by the Colorado DMV. It is entirely separate from your criminal DUI case. The outcome of the ALR hearing does not directly impact the criminal case, and vice-versa.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DMV had sufficient cause to suspend your license. The hearing officer will review the evidence and testimony to decide if the suspension is justified.
• Lower Burden of Proof than Criminal Trial: In a criminal trial, the prosecution must prove your guilt "beyond a reasonable doubt." In an ALR hearing, the burden of proof is lower. The DMV only needs to show "a preponderance of the evidence" that the suspension is warranted. This means it is more likely than not that you were driving under the influence.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements (if anyone was with you and can attest to your sobriety)
• Video footage (if available, such as dashcam or surveillance footage)
• Medical records (if you have a medical condition that could affect your BAC reading)
• Any documentation that challenges the accuracy of the breath or blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Colorado ALR hearings can be invaluable. They understand the legal procedures, can present your case effectively, and can cross-examine witnesses. They can also help you understand your rights and options.
• Understand What You Can Challenge: You can challenge various aspects of the case at the ALR hearing, including:
• Whether the officer had probable cause to stop you.
• Whether the officer properly advised you of your rights under the implied consent law.
• Whether the breath or blood test was administered correctly.
• The accuracy of the testing equipment.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DMV had sufficient cause to suspend your license, the suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DMV did not have sufficient cause to suspend your license, the suspension will be overturned, and your driving privileges will be restored.
• 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 certain circumstances.

Hardship/Restricted License in Colorado

Colorado offers a limited driving privilege known as a "Restricted License" or "Hardship License" under certain circumstances after a DUI.

• Eligibility Requirements: Eligibility varies depending on the reason for the suspension and your criminal history. You will generally need to prove that the suspension is causing you significant hardship, such as preventing you from getting to work, school, or medical appointments.
• What You Can Drive For: A restricted license typically allows you to drive to and from:
• Work
• School
• Medical appointments
• Alcohol or drug treatment programs
• Costs and Application Process: The application process involves completing a form, providing documentation of your hardship, and paying a fee. Contact the Colorado DMV for the most up-to-date information on the application process and associated fees.
• IID Requirement: In many cases, obtaining a restricted license after a DUI will require the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

After the criminal case concludes and the suspension period ends, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include:
• Paying a reinstatement fee to the DMV.
• Providing proof of SR-22 insurance (high-risk auto insurance).
• Completing any required alcohol or drug education classes or therapy programs.
• Fees: Reinstatement fees vary and are subject to change. Check the Colorado DMV website for current fee information.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state after certain driving offenses, including DUI. You will need to maintain SR-22 insurance for a specified period, typically three years.
• Classes/Programs That Must Be Completed: Depending on the specifics of your case and the court's orders, you may be required to complete alcohol or drug education classes, therapy programs, or community service.

Gunnison County DMV Offices

Unfortunately, Gunnison County itself does not have a full-service DMV office. Residents typically need to travel to neighboring counties. Here are the closest options:

• Montrose Driver License Office: 320 S 11th St, Montrose, CO 81401. (970) 249-4552. Hours vary - Check online before visiting.
• Delta County Clerk & Recorder (Limited Services): 501 Palmer St, Delta, CO 81416. (970) 874-2120. Call ahead to confirm available services.

Always verify hours and services offered before visiting any DMV location.

Special Programs

• Ignition Interlock Device (IID) Program: Colorado requires IIDs for many DUI offenders, especially those with high BAC levels or repeat offenses. The IID prevents the vehicle from starting if alcohol is detected on the driver's breath.
• Occupational License: While not always available, an occupational license might allow you to drive for work-related purposes, even during a suspension. Eligibility is limited and depends on the specific circumstances of your case.

This guide provides general information and should not be considered legal advice. Because DUI laws are complex and constantly evolving, it is essential to consult with a qualified Colorado DUI attorney as soon as possible after your arrest. They can provide personalized advice based on the specific facts of your case and help you navigate the ALR process and criminal proceedings. Don't delay – your driving privileges and your future are at stake.