BAC of 0.08 or higher

“for the DMV, what they're concerned with is whether you are over that 0.08 presumption of driving under the influence of alcohol. So that's kind of tricky, so as you know, here in Colorado, weed is legal. So, the DMV doesn't have any kind of way to monitor whether you are over the presumption.”

“With people who are charged with DUI-D, so driving under the influence of drugs, the DMV doesn't really do any kind of revocation process until later on that the courts make some determination. Today we're gonna be focusing on alcohol, though, so if you're above that 0.08 legal limit, what happens.”

“here in Colorado, the rule is if you're above a 0.08 then you have to go before the DMV to have a hearing on the revocation of your license. Now, you have the opportunity to go. If you decide not to go, they're automatically gonna revoke your license. But you'll be given a packet in the mail, it's sent to your mailing address, and it'll invite you to come to a hearing”

“what the DMV does, is they go through and they see, at this hearing, whether or not you have been correctly served with your information by the cops. So, whether they properly gave you express consent, and then they look at whether you were above that 0.08. And let's assume, 'cause the DMV is set up to take your license away in these cases, let's assume that you're at the 0.08. What will happen, is the DMV will instate a revocation of your driving privilege.”

“A good question that's come up with a lot of my clients is what happens if you're not quite at that 0.08, but you have some alcohol in your system. With the DMV, the way that they are set up, if you are below 0.08 they're not gonna revoke your license. Now, that doesn't mean that you're not gonna have issues with the criminal justice system. That's a completely separate entity, but for the purposes of the Department of Motor Vehicles, initially, if you're below that 0.08, they're not gonna revoke your license.”

“the key things to take away from this are the DMV and the criminal justice system are completely separate. You have to have a separate hearing at the DMV, and it's unrelated to the ones that you have at the criminal justice system here downtown. If you're above a 0.08, 95% of the time you're going to lose your license. Now, again, we can get it back to you after either a 30 or 60 day period of not driving if you decide to install an Interlock device.”