Huerfano County Vehicle Impound Guide

If your car has been impounded in Huerfano County, Colorado, following a DUI arrest, understanding the process and your rights is crucial. Located in the Third Judicial District, Huerfano County presents unique challenges due to its rural nature and specific enforcement practices. This guide will help you navigate the impound and related legal issues.

Understanding Impoundment After a DUI Arrest in Huerfano County

Following a DUI arrest by the Colorado State Patrol (CSP), Huerfano County Sheriff's Office (HCSO), or Walsenburg Police Department (WPD), your vehicle is likely to be impounded. This is standard procedure, especially if you are unable to arrange for a sober, licensed driver to take possession of the vehicle. The impound location will vary depending on the arresting agency and the tow company they utilize. Be sure to get the specific location from the arresting officer.

Immediate Steps After Impoundment

1. Identify the Impound Location: The arresting officer should provide you with the name and location of the towing company holding your vehicle. If not, contact the Huerfano County Sheriff's Office at 500 South Albert Street, Walsenburg, CO 81089, phone number (719) 738-1060, to obtain this information.
2. Gather Required Documents: To retrieve your vehicle, you will typically need:

• Valid Driver's License (even if suspended, bring it)
• Proof of Ownership (vehicle title or registration)
• Proof of Insurance
• Payment for Towing and Storage Fees (cash or credit card, depending on the towing company's policy)

1. Contact the Towing Company: Call the towing company to confirm their hours of operation, accepted payment methods, and specific requirements for vehicle release. Be prepared to pay towing and daily storage fees, which can accumulate quickly.
2. Consider Legal Counsel: Contact a DUI attorney familiar with Huerfano County procedures. An attorney can advise you on your rights, help you navigate the legal process, and potentially challenge the basis for the DUI arrest and impoundment.

Challenging the Impoundment

While challenging an impoundment directly can be difficult, your attorney may be able to address issues related to the legality of the initial stop and arrest, which could indirectly impact the impound. Key areas to investigate include:

• Legality of the Stop: Did the officer have reasonable suspicion to initiate the traffic stop? CSP troopers often patrol I-25 and Highway 160, looking for speeding violations or lane deviations. If the stop was unlawful, any evidence obtained, including the basis for the DUI arrest and subsequent impoundment, could be challenged.
• Sobriety Checkpoints: If the arrest occurred at a sobriety checkpoint, verify that the checkpoint complied with constitutional guidelines, including proper public notice and a neutral vehicle selection process. Huerfano County participates in CDOT’s "The Heat Is On" campaign, which can increase the frequency of saturation patrols and checkpoints during peak periods like New Year's Eve and summer holidays.
• "Express Consent" Advisement: After the arrest, were you properly advised of your rights under Colorado's "Express Consent" law regarding chemical testing (breath or blood)? Any errors in the advisement could impact the admissibility of the test results.

The Financial Burden of a DUI in Huerfano County

The economic realities of Huerfano County, with a median household income of approximately $52,139 and a poverty rate of 17.5%, make the financial penalties associated with a DUI particularly burdensome. In addition to towing and storage fees, consider these costs:

• Bond: High cash bonds can be difficult to afford, potentially leading to extended pretrial detention.
• Legal Fees: Retaining private counsel can be challenging due to limited local resources. Attorneys from Pueblo or Colorado Springs may be necessary, adding to the expense.
• Treatment and Monitoring: Court-mandated Level II Education/Therapy and technology like Interlock or SCRAM devices require out-of-pocket payments. These costs can lead to probation violations if you are unable to afford them.

Navigating License Reinstatement

After a DUI conviction, you will face license suspension and reinstatement requirements. This often involves:

• Substance Abuse Treatment: Completing a Level II Education/Therapy program.
• Ignition Interlock Device (IID): Installing and maintaining an IID in your vehicle for a specified period.
• SR-22 Insurance: Obtaining SR-22 insurance, which is a high-risk auto insurance policy.
• Reinstatement Fees: Paying reinstatement fees to the Colorado Department of Motor Vehicles (DMV).

Given the geographic isolation of Huerfano County, with nearly 45% of the population living outside Walsenburg and La Veta, the loss of driving privileges can significantly impact your ability to comply with court orders and maintain employment.

Key Takeaways

If your vehicle has been impounded after a DUI arrest in Huerfano County, act quickly to understand your rights and responsibilities. Contact the Huerfano County Sheriff's Office at (719) 738-1060 to confirm the impound location and requirements for vehicle release. Consult with a qualified DUI attorney to explore your legal options and protect your rights. Remember that securing dashcam footage from CSP vehicles can be a critical step in defending your case.