Hinsdale County License Hearing Guide

Hinsdale County DUI License Suspension & ALR Hearing

Your DUI arrest in Hinsdale County, Colorado, triggers two separate legal processes: a criminal case in court and an administrative process concerning your driver's license. This guide focuses on the latter – the administrative process, specifically the potential suspension of your driver’s license and the crucial Administrative License Revocation (ALR) hearing. Time is of the essence, so read carefully and act quickly to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Hinsdale County, you have a very short window to request an ALR hearing to contest the potential suspension of your driver's license. You MUST request this hearing within 15 days of your arrest. This is a hard deadline. Missing it results in an automatic suspension of your license.

Where to Request: You request the ALR hearing from the Colorado Department of Revenue, Division of Motor Vehicles (DMV).

How to Request: You can request a hearing through one of the following methods:

• Online: Visit the Colorado DMV website (www.colorado.gov/dmv) and navigate to the section on DUI and ALR hearings. Look for an online form or portal. This is often the fastest and most efficient method.
• Phone: Call the Colorado DMV's Driver Control Section. You can find the specific phone number on the DMV website under driver services or DUI information. Be prepared to provide your driver's license information and details about your arrest.
• Mail: While less recommended due to potential delays, you can send a written request to the Colorado DMV Driver Control Section. Include your full name, date of birth, driver's license number, date of arrest, arresting agency (likely Hinsdale County Sheriff's Office), and a clear statement requesting an ALR hearing. Send it via certified mail with return receipt requested to confirm delivery. Find the appropriate mailing address on the Colorado DMV website.

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. Don't delay!

Automatic License Suspension

The circumstances surrounding your DUI arrest will determine the length and type of license suspension you face.

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, you face an administrative suspension.

• BAC over 0.08: In Colorado, a first-time DUI offense with a BAC over 0.08 typically results in a suspension of 9 months.

• Temporary Permit: After your arrest, you should have received a temporary driving permit. This permit is valid until your ALR hearing, or until the date the suspension begins if you don't request a hearing or if the suspension is upheld at the hearing.

If You Refused Testing

Refusing to submit to a breath or blood test carries significantly harsher penalties in Colorado due to implied consent laws.

• Refusal Penalty: Refusing a breath or blood test in Colorado usually results in a one-year license suspension for a first offense. This suspension is longer than the suspension for failing the test.

• 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 carries significant consequences.

The ALR/Administrative Hearing

The 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 entirely separate from the criminal DUI case. Even if you are found not guilty in criminal court, your license can still be suspended through the administrative process.

• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether sufficient evidence exists to warrant the suspension of your driver's license. The hearing officer will review evidence related to your arrest, including the police report, breath or blood test results (if applicable), and any other relevant information.

• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The hearing officer only needs to find that the evidence supports the suspension by a "preponderance of the evidence" (more likely than not), rather than "beyond a reasonable doubt" as required in criminal court.

How to Prepare

Proper preparation is critical to maximizing your chances of a favorable outcome at the ALR hearing.

• Gather Evidence: Collect any evidence that might support your case. This could include witness statements, video footage (e.g., dashcam or bodycam footage), medical records, or any other documentation that could cast doubt on the validity of your arrest or the accuracy of the breath/blood test.

• Consider Hiring a DUI Attorney: Navigating the ALR process can be complex and confusing. A qualified Colorado DUI attorney can provide valuable assistance by:

• Reviewing the evidence against you.

• Advising you on your legal options.

• Representing you at the ALR hearing.

• Cross-examining the arresting officer.

• Presenting evidence on your behalf.

• Understand What You Can Challenge: You can challenge various aspects of the case at the ALR hearing, including:

• Whether the officer had reasonable suspicion to stop you.

• Whether the officer had probable cause to arrest you for DUI.

• Whether the breath/blood test was administered properly.

• Whether the breath/blood test results are accurate.

• Whether you were properly advised of your rights under the implied consent law.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: If the hearing officer finds sufficient evidence to support the suspension, your license will be suspended for the applicable period.
• Suspension Overturned: If the hearing officer finds that the evidence is insufficient to support 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 that allows you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Colorado

Even with a suspended license, you might be eligible for a restricted license in Colorado, allowing you to drive under specific circumstances.

• Eligibility Requirements: Requirements vary, but generally include: completion of Level I or Level II Alcohol Education and Therapy, installation of an Ignition Interlock Device (IID), and proof of SR-22 insurance.

• What You Can Drive For: Typically, a restricted license allows driving for work, school, medical appointments, and court-ordered treatment. Specific restrictions will be outlined on your license.

• Costs and Application Process: Applying for a restricted license involves fees and paperwork. Contact the Colorado DMV for detailed instructions and application forms.

• IID Requirement: In many cases, a restricted license requires the installation of an Ignition Interlock Device (IID) in your vehicle. You will be responsible for the costs of installation, maintenance, and monitoring of the IID.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You must complete all court-ordered requirements, including fines, community service, and alcohol education/therapy.

• Fees: Pay all applicable reinstatement fees to the Colorado DMV.

• SR-22 Insurance Requirement: Obtain SR-22 insurance, which is a certificate of financial responsibility required for high-risk drivers.

• Classes/Programs That Must Be Completed: You must complete any court-ordered or DMV-required alcohol education or therapy programs.

Hinsdale County DMV Offices

Unfortunately, Hinsdale County itself is a sparsely populated area with no dedicated DMV office. You will need to visit a DMV office in a neighboring county. Check the Colorado DMV website (www.colorado.gov/dmv) for the nearest location and hours of operation. Be sure to call ahead to confirm hours and services offered.

Special Programs

• Ignition Interlock Device Program: Colorado requires the use of IIDs for many DUI offenders.

• Occupational License: As mentioned above, a restricted license is often referred to as an occupational license.

Consult with a Colorado DUI attorney to determine your eligibility for these programs and navigate the application process. This guide provides general information and should not be considered legal advice. It is crucial to consult with a qualified attorney to discuss your specific situation and protect your rights. Remember, acting quickly and seeking professional help are essential steps in mitigating the consequences of a DUI arrest in Hinsdale County.