Mesa County License Hearing Guide

Mesa County DUI License Suspension & ALR Hearing

A DUI arrest in Mesa County, Colorado, can trigger two separate but related legal processes: a criminal case in court and an administrative action concerning your driver's license. This guide focuses on the administrative side – the potential suspension of your driver's license and the process of challenging that suspension through an Administrative License Revocation (ALR) hearing. Understanding this process and acting quickly is crucial to protecting your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After being arrested for DUI in Mesa County, you face an immediate threat to your driver's license. The Colorado Department of Revenue, Division of Motor Vehicles (DMV), can suspend your license administratively, separate from any criminal penalties. You only have 15 days from the date of your arrest to request an ALR hearing to challenge this suspension.

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

How to Request: You can request the hearing through one of the following methods:

• Online: The Colorado DMV may offer an online portal for requesting ALR hearings. Check the official Colorado DMV website (colorado.gov/dmv) for the most up-to-date information on electronic filing.
• Phone: Contact the Colorado DMV Driver Control Section. The number is typically listed on the DUI paperwork you received at the time of your arrest.
• Mail: Send a written request for an ALR hearing to the address provided on your DUI paperwork. Certified mail with return receipt requested is highly recommended to ensure proof of timely submission.

Important: Your request must be received by the DMV within 15 days. Postmarks do not count. It's better to err on the side of caution and submit your request as soon as possible.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within the 15-day deadline, your driver's license will be automatically suspended. There are very few exceptions to this rule, so acting quickly is paramount. Missing the deadline means you lose your opportunity to challenge the suspension administratively.

Automatic License Suspension

The Colorado DMV can automatically suspend your license based on two primary scenarios: failing or refusing a blood alcohol content (BAC) test.

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 your prior DUI history. For a first offense, the suspension period is typically [Specific Suspension Period, e.g., 9 months].
• Temporary Permit: The officer likely issued you a temporary driving permit at the time of your arrest. This permit is usually valid until your ALR hearing or until the suspension period begins if you don't request a hearing or if the suspension is upheld. Pay close attention to the expiration date on your temporary permit.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries even more severe penalties than failing the test. In Colorado, refusing a test results in a longer license suspension. The suspension period for a first-time refusal is typically [Specific Suspension Period, e.g., one year].
• Implied Consent Law in Colorado: Colorado, like all 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. Refusal to comply with this law has serious consequences.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. Its sole purpose is to determine whether the DMV has sufficient grounds to suspend your driver's license.

• Separate from Criminal Court: Even if you are found not guilty in criminal court, your license can still be suspended through the ALR process. Conversely, a conviction in criminal court doesn't automatically mean you'll lose your ALR hearing.
• Decide if License Suspension is Warranted: The hearing officer will review the evidence presented to determine if the arresting officer had probable cause to believe you were driving under the influence and whether your BAC was above the legal limit or if 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 DMV only needs to show "preponderance of the evidence," meaning it's more likely than not that you were driving under the influence. This is a lower standard than "beyond a reasonable doubt" required in criminal court.

How to Prepare

Preparing for your ALR hearing is crucial. The outcome can significantly impact your ability to drive legally.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage (if available), medical records, or anything that could challenge the officer's observations or the accuracy of the BAC test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Mesa County ALR hearings can be invaluable. They understand the legal process, can gather and present evidence effectively, and can cross-examine witnesses to challenge the DMV's case.
• Understand What You Can Challenge: You can challenge various aspects of the DMV's case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the BAC test was administered properly and the results are accurate.
• Whether you were properly advised of your rights regarding chemical testing.

Possible Outcomes

The hearing officer has several 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, the suspension will be overturned, and your driving privileges 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, allowing you to drive under specific circumstances.

Hardship/Restricted License in Colorado

Even with a suspended license, Colorado law allows for the possibility of obtaining a hardship or restricted license under certain conditions.

• Eligibility Requirements: Eligibility typically depends on factors such as your need to drive for work, school, medical appointments, or other essential purposes. You may also need to demonstrate that you are participating in alcohol education or treatment programs.
• What You Can Drive For: A restricted license will specify the permissible reasons for driving, such as commuting to work, attending school, or traveling to medical appointments. Driving outside these specified purposes is a violation of the restricted license and can lead to further penalties.
• Costs and Application Process: Applying for a restricted license involves completing an application, paying a fee, and providing documentation to support your need to drive.
• IID Requirement: In many DUI cases, particularly those involving high BAC levels or repeat offenses, an Ignition Interlock Device (IID) is required as a condition of obtaining a restricted license. The IID requires you to blow into a device that tests your breath for alcohol before the vehicle will start.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

Your license reinstatement process is often connected to the outcome of your criminal case.

• Reinstatement Requirements: You will likely need to pay reinstatement fees to the DMV.
• Fees: The reinstatement fee varies and must be paid before your license can be reinstated.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility. This type of insurance is typically more expensive than standard auto insurance.
• Classes/Programs That Must Be Completed: Depending on the specifics of your case, you may be required to complete alcohol education classes, therapy, or other programs before your license can be reinstated.

Mesa County DMV Offices

[Important Note: Replace the bracketed information below with actual Mesa County DMV office information. Search the Colorado DMV website for the most current details.]

• Grand Junction DMV: , [Phone Number], [Hours of Operation]
• Fruita DMV: , [Phone Number], [Hours of Operation]

Special Programs

• Ignition Interlock Device (IID) Program: This program allows individuals with suspended licenses to drive vehicles equipped with an IID.
• Occupational License: Colorado may offer an occupational license in specific circumstances, allowing individuals to drive for work-related purposes. Check with the DMV for eligibility requirements.

This guide provides general information about DUI license suspensions and ALR hearings in Mesa County, Colorado. However, every case is unique, and it is essential to consult with a qualified DUI attorney to discuss your specific situation and protect your rights. The 15-day deadline to request an ALR hearing is extremely important, so don't delay in seeking legal advice.