Las Animas County License Hearing Guide

Las Animas County DUI License Suspension & ALR Hearing: Act Fast to Protect Your Driving Privileges

A DUI arrest in Las Animas County, Colorado can be a frightening and confusing experience. One of the most immediate concerns is the potential suspension of your driver's license. It's crucial to understand that the process of suspending your license is separate from the criminal DUI case against you. This is called the Administrative License Revocation (ALR) process. This guide provides critical information and urgent deadlines you need to know to navigate this process and potentially save your license.

Your License After a DUI Arrest in Las Animas County

Following a DUI arrest in Las Animas County, you face two distinct legal battles:

• Criminal Case: This involves the actual DUI charges, potential fines, jail time, community service, and other penalties determined by the Las Animas County court system.

• Administrative Case (ALR): This deals solely with your driving privileges and is handled by the Colorado Department of Revenue, Division of Motor Vehicles (DMV). This process determines whether your license will be suspended due to the DUI arrest, regardless of the outcome of the criminal case.

This guide focuses on the ALR process and how to fight for your right to drive. Understanding this process and acting quickly is essential.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You only have 15 DAYS from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. Missing this deadline automatically suspends your license. This is not a suggestion; it's a critical requirement.

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

How to Request:

• Online: The fastest and most efficient way is typically through the Colorado DMV website. Look for a section on DUI or Administrative Hearings.
• Phone: Contact the Colorado DMV directly by phone. You can find the relevant phone number on their website.
• Mail: While not recommended due to potential delays, you can send a written request by certified mail to the Colorado DMV. This allows for proof of delivery. Ensure the letter includes:
• Your full name
• Your date of birth
• Your driver's license number
• The date of your DUI arrest
• A clear statement requesting an ALR hearing to contest the license suspension

What Happens if You Miss the Deadline:

If you fail to request a hearing within 15 days, your license will be automatically suspended. There are very few exceptions to this rule, so immediate action is paramount. Don't delay!

Automatic License Suspension

The Colorado DMV will automatically initiate license suspension proceedings based on the circumstances of your DUI arrest.

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 varies depending on prior offenses and other factors, but expect a period of suspension. Contact the DMV or a DUI attorney for the specific suspension length you face.
• Temporary Permit: Following your arrest, you likely received a temporary driving permit. This permit is valid until the ALR hearing decision or the suspension officially begins.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a more severe penalty than failing the test in Colorado. Expect a longer suspension period for a refusal.
• Implied Consent Law in Colorado: By driving in Colorado, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to do so can result in significant penalties, even if you are ultimately not convicted of DUI in criminal court.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the license suspension. Understanding the process is vital.

What It Is

• Separate from Criminal Court: It's crucial to remember this hearing is entirely separate from your criminal DUI case. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice-versa.
• Decides if License Suspension is Warranted: The hearing officer will determine whether the DMV has sufficient evidence to suspend your license.
• Lower Burden of Proof: The DMV only needs to prove its case by a "preponderance of the evidence," a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case, such as:
• Witness statements
• Dashcam or bodycam footage
• Medical records
• Any documentation related to the circumstances of your arrest
• Consider Hiring a DUI Attorney: A qualified Colorado DUI attorney can be invaluable in preparing for the ALR hearing. They understand the legal nuances, can gather and present evidence effectively, and can represent you during the hearing.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• Whether the officer had reasonable suspicion to stop you
• Whether you were properly advised of your rights regarding chemical testing
• The accuracy of the breath or blood test results
• Whether you actually refused testing

Possible Outcomes

• Suspension Upheld: The hearing officer finds sufficient evidence to support the suspension. Your license will be suspended for the specified period.
• Suspension Overturned: The hearing officer finds insufficient evidence. Your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive under specific conditions.

Hardship/Restricted License in Colorado

Even if your license is suspended, you may be eligible for a hardship or restricted license in Colorado, allowing you to drive for essential purposes.

• Eligibility Requirements: Eligibility varies depending on the reason for the suspension, length of the suspension, and other factors.
• What You Can Drive For: Restricted licenses typically allow driving for work, school, medical appointments, and other essential needs.
• Costs and Application Process: There are fees associated with applying for a restricted license. You will need to complete an application and provide supporting documentation.
• IID Requirement: In many DUI cases, obtaining a restricted license requires the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: Contact the Colorado DMV to determine the specific requirements for reinstatement in your case.
• Fees: You will likely need to pay reinstatement fees.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, a certificate of financial responsibility, for a specified period.
• Classes/Programs That Must Be Completed: You may be required to complete DUI education classes, therapy, or community service as part of your criminal sentence. Completion of these programs is often required for license reinstatement.

Las Animas County DMV Offices

[Note: As Las Animas County is sparsely populated, residents may need to travel to regional DMV offices. Check the Colorado DMV website (colorado.gov/dmv) for the most up-to-date locations, hours, and services offered.]

You can typically find nearby DMV offices in larger surrounding towns. Please consult the official Colorado DMV website for the most accurate and current information.

Special Programs

• Ignition Interlock Device (IID) Program: Required for many DUI offenders in Colorado, particularly for restricted licenses and reinstatement.
• Occupational License: A limited-use license that allows driving for specific employment purposes. Eligibility requirements apply.
• Colorado DUI Education and Therapy: Completion of these programs is often mandated as part of the DUI sentencing and is typically required for license reinstatement.

Disclaimer: This guide provides general information and should not be considered legal advice. Consult with a qualified Colorado DUI attorney to discuss your specific situation. Act quickly to protect your driving privileges!