Logan County License Hearing Guide

Logan County DUI License Suspension & ALR Hearing

A DUI arrest in Logan County, Colorado, can be a stressful and confusing experience. One of the most immediate concerns is your driver's license. It's crucial to understand that your driver's license is handled through two separate processes: a criminal case in court and an administrative process with the Colorado Department of Revenue, Division of Motor Vehicles (DMV). This guide focuses on the administrative side, specifically your license suspension and the opportunity to challenge it at an Administrative License Revocation (ALR) hearing. Act quickly – time is of the essence!

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Logan County, you have a very short window to protect your driving privileges. You MUST request an ALR hearing within 15 days of your arrest. This is a hard deadline, and missing it will result in an automatic license suspension.

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

How to Request: You can request an ALR hearing online, by phone, or by mail.

• Online: Visit the Colorado DMV website (search "Colorado DMV DUI ALR Hearing"). Look for the section related to scheduling an ALR hearing online. You'll likely need information from your DUI paperwork, including your arrest date, arresting officer's name, and case number.

• Phone: Contact the Colorado DMV Hearings Section. The specific phone number can usually be found on the paperwork you received at the time of your arrest. Be prepared to provide your personal information and details about your DUI arrest.

• Mail: Send a written request for an ALR hearing to the Colorado DMV Hearings Section. The address should be on your DUI paperwork or available on the Colorado DMV website. Your written request should include:

• Your full name

• Your date of birth

• Your driver's license number

• Your current address

• The date and location of your DUI arrest

• The name of the arresting officer

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

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your DUI arrest, your Colorado driver's license will be automatically suspended. This suspension will begin a specified number of days after your arrest (you should have received notice of this date). Once your license is suspended, driving is illegal and can result in further criminal charges.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to an automatic suspension pending the outcome of the hearing. The reasons for and length of this suspension depend on whether you submitted to chemical testing (breath or blood) and the results.

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 will face a license suspension. The length of the suspension varies depending on prior DUI offenses and other aggravating factors. A first-time offender typically faces a suspension period of around 9 months.

• Temporary Permit: You should have received a temporary driving permit at the time of your arrest. This permit is typically valid until your ALR hearing or until the date your suspension begins, whichever comes first. Carefully check the expiration date on your temporary permit.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty than failing the test. If you refused testing, you will face a longer suspension, often one year for a first offense.

• 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. Refusing to comply with this law carries serious consequences.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the potential suspension of your driver's license. It's a crucial step in protecting your driving privileges.

What It Is

• Separate From Criminal Court: Remember that the ALR 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.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the Colorado DMV has sufficient evidence to justify suspending your driver's license.
• Lower Burden of Proof than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to prove by a "preponderance of the evidence" (meaning more likely than not) that you were driving under the influence.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements (if anyone saw you before or during the arrest).
• Video footage (dashcam, security camera, etc.).
• Medical records (if you have a medical condition that might have affected your BAC reading).
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Logan County can be invaluable in preparing for and representing you at the ALR hearing. They can help you gather evidence, understand the law, and present the strongest possible defense.
• Understand What You Can Challenge: You can challenge various aspects of the DUI arrest and the evidence against you, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breath or blood test was administered properly.
• Whether the testing equipment was properly calibrated.
• Whether the officer properly advised you of your rights under the implied consent law.

Possible Outcomes

• Suspension Upheld: If the DMV proves its case, your license suspension will be upheld.
• Suspension Overturned: If you successfully challenge the evidence against you, the suspension will be overturned, and 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.

Hardship/Restricted License in Colorado

Even with a suspension, you might be eligible for a restricted license, sometimes called a hardship license, allowing you to drive for essential purposes.

• Eligibility Requirements: Generally, you must serve a portion of your suspension period before becoming eligible for a restricted license. You also typically need to demonstrate a legitimate need to drive, such as for work, school, or medical appointments.
• What You Can Drive For: A restricted license typically allows you to drive only for specific purposes, such as:
• Traveling to and from work.
• Attending school or educational programs.
• Driving to medical appointments.
• Attending court-ordered alcohol education classes.
• Costs and Application Process: The application process for a restricted license involves submitting an application to the Colorado DMV, providing documentation to support your need to drive, and paying an application fee.
• IID Requirement: In many cases, obtaining a restricted license requires installing an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

After your suspension period ends and you have completed all required steps, you can reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include:
• Paying a reinstatement fee.
• Providing proof of SR-22 insurance (high-risk auto insurance).
• Completing any court-ordered alcohol education classes or therapy programs.
• Potentially retaking the driver's license exam.
• Fees: Reinstatement fees vary and are subject to change. Check the Colorado DMV website for current fee information.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the Colorado DMV. You will likely be required to maintain SR-22 insurance for a specified period after a DUI conviction.
• Classes/Programs That Must Be Completed: The court may order you to complete alcohol education classes, therapy programs, or community service as part of your DUI sentence. You must complete these requirements before you can reinstate your license.

Logan County DMV Offices

Unfortunately, specific DMV office locations and contact information for Logan County are not currently available. Please consult the Colorado Department of Revenue, Division of Motor Vehicles (DMV) website for the most up-to-date information. You can typically find this information by searching "Colorado DMV" online.

Special Programs

• Ignition Interlock Device Program: The Ignition Interlock Device (IID) program allows individuals with DUI convictions to drive with a device installed in their vehicle that requires them to provide a breath sample before starting the engine. The IID prevents the vehicle from starting if alcohol is detected.
• Occupational License: An occupational license is a restricted license that allows individuals to drive for work-related purposes only.
• Check the Colorado DMV website for information on any other state-specific programs.

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Logan County, Colorado, and should not be considered legal advice. It is essential to consult with a qualified DUI attorney to discuss your specific situation and legal options. The laws and procedures related to DUI cases are subject to change, so it is crucial to stay informed and seek professional guidance.