Larimer County Express Consent Hearing Guide

Larimer County DUI License Suspension & ALR Hearing

Your driver's license is at risk after a DUI arrest in Larimer County. This guide provides critical information and immediate steps you MUST take to protect your driving privileges.

A DUI arrest triggers two separate legal processes: a criminal case in court and an administrative case with the Colorado Department of Revenue, Division of Motor Vehicles (DMV). This guide focuses on the administrative process, specifically your license suspension and the opportunity to challenge it at an Administrative License Revocation (ALR) hearing. It's crucial to understand that even if your criminal case is dismissed, you can still lose your license through the administrative process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After being arrested for DUI in Larimer County, you have a very limited time to act. You MUST request an ALR hearing within 15 days from the date of your arrest. This deadline is strictly enforced.

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

How to Request:

• Online: The Colorado DMV may offer an online portal for requesting ALR hearings. Check the DMV website for the most up-to-date information and availability.

• Phone: Contact the Colorado DMV directly to inquire about requesting a hearing over the phone. Be prepared to provide your driver's license information, arrest details, and contact information. Get the name of the person you spoke with and a confirmation number, if available.

• Mail: Send a written request for an ALR hearing by certified mail, return receipt requested, to ensure proof of delivery. The address for the Colorado DMV will depend on the specific division handling ALR hearings. Double-check the address on the paperwork you received during your arrest. The request should clearly state:

• Your name and address

• Your driver's license number

• The date of your DUI arrest

• The arresting agency

• A clear statement that you are requesting an ALR hearing to contest the suspension of your driver's license.

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 are very limited exceptions to this rule. Missing the deadline is a critical mistake that can have serious consequences. Don't delay!

Automatic License Suspension

Even if you request an ALR hearing, an automatic license suspension goes into effect unless you win your hearing. The length of the suspension depends on whether you took a breath or blood test and the results, or if you refused testing altogether.

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 will depend on the specific circumstances of your case and prior DUI history.
• Temporary Permit: The officer may have provided you with a temporary driving permit. This permit is valid until your ALR hearing or until the date your suspension begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty than failing the test. In Colorado, refusing testing typically results in a longer license suspension.
• 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 consented to submit to chemical testing if lawfully arrested for DUI. Refusing to submit to testing violates this implied consent.

The ALR/Administrative Hearing

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

What It Is

• Separate from Criminal Court: Remember, the ALR hearing is completely separate from your criminal case. 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 purpose of the ALR hearing is to determine whether the DMV has sufficient evidence to justify suspending your driver's license.
• Lower Burden of Proof Than Criminal Trial: The DMV only needs to prove its case by a "preponderance of the evidence," meaning it is more likely than not that the suspension is warranted. This is a lower standard than the "beyond a reasonable doubt" standard required in a criminal trial.

How to Prepare

• Gather Evidence: Start gathering any evidence that supports your case. This might include:
• Witness statements from anyone who can attest to your sobriety or driving abilities.
• Video footage (e.g., dashcam footage, surveillance footage) that may contradict the police officer's observations.
• Medical records that may explain any unusual behavior or physical conditions.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Colorado ALR hearings can be invaluable. They can:
• Advise you on your legal rights.
• Gather and present evidence effectively.
• Cross-examine witnesses.
• Argue your case persuasively.
• Understand What You Can Challenge: You can challenge various aspects of the DMV's case, including:
• Whether the police officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly advised of your rights regarding chemical testing.
• Whether the breath or blood test was administered correctly.
• The accuracy and reliability of the breath or blood test results.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DMV has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DMV has not met its burden of proof, your license 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 for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Colorado

Even with a license suspension, you might be eligible for a restricted license, sometimes called a hardship license, which allows you to drive under specific circumstances.

• Eligibility Requirements: Requirements vary, but typically include demonstrating a need to drive for employment, education, medical appointments, or other essential purposes. You will generally need to show that there are no reasonable alternative transportation options.
• What You Can Drive For: Restricted licenses usually specify the purposes for which you are allowed to drive. Common restrictions include driving to and from work, school, medical appointments, and court-ordered treatment programs.
• Costs and Application Process: The application process involves submitting an application to the Colorado DMV, along with supporting documentation proving your eligibility. There are typically fees associated with applying for and obtaining a restricted license.
• IID Requirement: Depending on the circumstances of your DUI arrest and your prior driving record, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include:
• Paying a reinstatement fee to the Colorado DMV.
• Providing proof of SR-22 insurance (a certificate of financial responsibility).
• Completing any required DUI education or treatment programs.
• Fees: Reinstatement fees vary and are subject to change. Contact the Colorado DMV for the most current fee schedule.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the DMV, proving that you have the required minimum liability coverage.
• Classes/Programs That Must Be Completed: Depending on the specifics of your DUI case, you may be required to complete DUI education classes, alcohol or drug treatment programs, or other court-ordered programs.

Larimer County DMV Offices

• Fort Collins Driver's License Office: , [Phone Number - Check Colorado DMV Website], [Hours - Check Colorado DMV Website]
• Loveland Driver's License Office: , [Phone Number - Check Colorado DMV Website], [Hours - Check Colorado DMV Website]

Always confirm hours and services offered before visiting. Check the official Colorado DMV website for the most up-to-date information.

Special Programs

• Ignition Interlock Device (IID) Program: Colorado has a mandatory IID program for many DUI offenders. This requires the installation of a device in your vehicle that prevents it from starting if it detects alcohol on your breath.
• Occupational License: In some cases, you may be able to obtain an occupational license, which allows you to drive for work-related purposes even if your license is suspended. Requirements and restrictions apply.

This information is for informational purposes only and does not constitute legal advice. If you have been arrested for DUI in Larimer County, Colorado, it is essential to consult with a qualified DUI attorney as soon as possible to protect your rights and explore your legal options.