Jackson County License Hearing Guide

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

(dui.guide) A DUI arrest in Jackson County, Colorado, can trigger a cascade of consequences, and one of the most immediate and impactful is the potential suspension of your driver's license. It's crucial to understand that the process following a DUI arrest involves two separate legal tracks: the criminal case and the administrative process related to your driver's license. This guide focuses on the administrative side, specifically the Administrative License Revocation (ALR) hearing process, which can determine whether your license is suspended before your criminal case even goes to trial. This is a time-sensitive matter; act quickly to protect your driving privileges.

Your License After a DUI Arrest in Jackson County

Following a DUI arrest in Jackson County, the arresting officer likely confiscated your physical driver's license and issued you a temporary driving permit. This permit is not a guarantee that you can continue driving indefinitely. It's a temporary measure that allows you to drive until your ALR hearing is held, or until the automatic suspension period begins if you fail to request a hearing. This guide will explain how to navigate the ALR process and potentially avoid or minimize a license suspension. Remember, this is separate from your criminal DUI case and requires immediate action.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important piece of information you need to know: You have only 15 days from the date of your DUI arrest to request an ALR hearing. If you miss this deadline, your license will be automatically suspended. No exceptions.

• Where to Request: The hearing is requested through the Colorado Department of Revenue, Division of Motor Vehicles (DMV).

• How to Request: You can request the hearing:

• Online: Visit the Colorado DMV website (search "Colorado DMV ALR Hearing Request"). This is often the fastest and easiest method.

• By Phone: Call the Colorado DMV Driver Control Section. You'll need to find the specific number on your temporary permit or the DMV website. Be prepared to wait on hold.

• By Mail: Send a written request to the Colorado DMV Driver Control Section. This is generally the least recommended method due to the tight deadline. If you choose this, send it certified mail with return receipt requested to prove you sent it on time. The address can be found on the DMV website.

• What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your Colorado driver's license will be automatically suspended. This means you will not be legally allowed to drive. The length of the suspension depends on whether you submitted to chemical testing (breath or blood) and the results, or whether you refused testing.

Automatic License Suspension

Even if you request a hearing, understanding the potential for automatic suspension is vital.

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 automatic license suspension. The length of the suspension depends on factors such as prior DUI offenses.
• Temporary Permit Valid Until: Your temporary permit remains valid until your ALR hearing, or until the effective date of the suspension (which will occur if you don't request a hearing or if the hearing officer upholds the suspension).

If You Refused Testing

Refusing to submit to a breath or blood test carries significant consequences in Colorado due to the state's implied consent laws.

• Refusal Penalty: Refusal to take a chemical test (breath or blood) will result in a longer license suspension than if you took the test and failed. This suspension is typically for a year or more, even for a first offense.
• Implied Consent Law in Colorado: By driving on Colorado roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing is a separate offense with its own penalties.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license before your criminal case is resolved.

What It Is

• Separate From Criminal Court: This is a civil proceeding, entirely separate from your criminal DUI case. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case.
• Decide If License Suspension Is Warranted: The purpose of the hearing is to determine whether the police had probable cause to arrest you for DUI and whether your BAC was above the legal limit, or whether you refused testing.
• Lower Burden of Proof Than Criminal Trial: The standard 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.

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 (e.g., from passengers or bartenders).
• Video footage (e.g., from dashcams or security cameras).
• Medical records (if a medical condition affected your BAC).
• Consider Hiring a DUI Attorney: A qualified DUI attorney can represent you at the ALR hearing, navigate the legal complexities, present evidence effectively, and cross-examine witnesses. This can significantly increase your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• Whether the police had probable cause to stop you.
• Whether the police had probable cause to arrest you for DUI.
• Whether the breath or blood test was administered correctly.
• Whether your BAC was accurately measured.
• Whether you were properly advised of your rights regarding chemical testing.

Possible Outcomes

• Suspension Upheld: The hearing officer determines that the evidence supports the license suspension.
• Suspension Overturned: The hearing officer determines that the evidence does not support the suspension, and your license is reinstated.
• 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 for specific purposes.

Hardship/Restricted License in Colorado

Even with a suspension, you might be able to obtain a restricted license.

• Eligibility Requirements: Colorado has specific requirements for obtaining a hardship license, which may include enrollment in alcohol education classes, proof of employment, and installation of an ignition interlock device (IID).
• What You Can Drive For: A hardship license typically allows you to drive for essential purposes, such as:
• Work
• School
• Medical appointments
• Costs and Application Process: Applying for a hardship license involves fees and submitting an application to the Colorado DMV.
• IID Requirement: Colorado often requires the installation of an Ignition Interlock Device (IID) as a condition of a restricted license following a DUI.

Getting Your License Back

Regardless of the ALR hearing outcome, you'll eventually need to reinstate your license after the suspension period.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements vary depending on the specific circumstances of your case and the length of your suspension.
• Fees: You will likely need to pay reinstatement fees to the Colorado DMV.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, demonstrating that you have adequate insurance coverage.
• Classes/Programs That Must Be Completed: You may be required to complete alcohol education classes or other programs as part of your reinstatement requirements.

Jackson County DMV Offices

Unfortunately, Jackson County has a very small population and does not have a dedicated DMV office. You will need to visit a neighboring county or utilize the online services offered by the Colorado DMV. Check the Colorado DMV website (search "Colorado DMV locations") for the nearest office and hours of operation. Consider calling ahead to confirm operating hours and appointment availability.

Special Programs

• Ignition Interlock Device Program: As mentioned above, Colorado's IID program is often a requirement for restricted licenses and may also be required as part of your criminal sentencing.
• Occupational License: Colorado may offer occupational licenses for those whose livelihoods depend on driving. However, strict criteria apply.
• Colorado DUI Education and Therapy: Completing a state-approved DUI education and therapy program is often required as part of a DUI sentence and can positively influence your case.

This information is intended for general guidance only and does not constitute legal advice. If you have been arrested for DUI in Jackson County, Colorado, it is essential to consult with a qualified DUI attorney as soon as possible to protect your rights and navigate the legal process effectively. Time is of the essence; act now to protect your driving privileges.