PT7M37S
“there's a difference between the Department of Motor Vehicles, the DMV, and the Colorado Court System here. The DMV is a separate entity, they operate on their own. They handle everything on a completely separate basis than the criminal side of a DUI. So when you get a DUI, you're going to be looking at two different locations where you're gonna be having hearings.”
“there's going to be a sheet of paper the DUI officer fills out, and it's called the Express Consent Affidavit form. What this is, is they're gonna be going over whether you choose to do a breath test, a blood test, or whether you refuse. And this is what's sent to the Department of Motor Vehicles to determine how they proceed.”
“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.”
“With breath tests, it's a little bit faster because the officer will get that reading that night, and they'll be able to send it off to the DMV. If you choose a blood test, what's gonna happen is they will have to take the vials of blood, send them off to the laboratory to be analyzed, and that's gonna take a little bit more time than if you just did a breath test.”
“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.”
“it also depends on what number DUI this is for you, so if it's your first, it's gonna be a different time frame of revocation than if it's your third.”
“what the DMV does, is they revoke your license for a certain amount of time. However, usually we can get you reinstated if you wanna get an Interlock Device put in your car. Now, that's if you're over the 0.08. That's completely separate from the criminal system, because the criminal system is going to move much slower than the DMV.”
“a lot of the times, clients that come and are dealing with DUI's, they've lost their license well before they've even been to court for the DUI. So, it's completely separate, and it's a pain in the butt to try to understand.”
“If you have a refusal, where you refuse to give a breath or a blood test, the DMV automatically revokes your license. A lot of the police officers will take your license from you right then. Then you can't drive, you have to wait until everything else is resolved. And, in certain circumstances, we can actually still get your license back, on a restricted license, with an Interlock, even if you refuse”
“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.”
“A lot of people ask, does the court system have the ability to influence the Department of Motor Vehicles' findings. Generally speaking, the DMV and the criminal justice system are completely separate. So things that happen at the DMV don't really affect what's happening in the court system. However, sometimes at DMV hearings we can get the officers to say things that are helpful to your case, and so attorneys will pull the information in the transcripts from that hearing and use it to benefit you in the criminal justice system.”
“let's say you had marijuana in your system and you got pulled over for a DUI-D. You didn't lose your license, because the DMV doesn't take your license away at that point. But then you actually go to court and you have a conviction entered against you for DUI. At that point, what happens is the conviction enters on the court side, and it triggers a notice to go to the DMV, and then the DMV will revoke you for the DUI, even though, originally, they didn't.”
“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.”
“there's a difference between the Department of Motor Vehicles, the DMV, and the Colorado Court System here. The DMV is a separate entity, they operate on their own.”
“there's going to be a sheet of paper the DUI officer fills out, and it's called the Express Consent Affidavit form.”
“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.”
“usually we can get you reinstated if you wanna get an Interlock Device put in your car.”
“If you're above a 0.08, 95% of the time you're going to lose your license.”
“I always advise getting an attorney to handle this for you. What we do here at the Right Law Group is we offer that service to our clients for a very low flat fee. We'll go handle it all for you so you don't have to worry about it at all”
“it's completely separate, and it's a pain in the butt to try to understand. That's why I wanted to work through this with you today.”