That is why a lot of drivers lose their licenses at the scene of a DUI. If you are still with the police officer when the officer determines that, based on a refusal or based on your test results, your license should be revoked, then the officer will serve a “notice of revocation” and will take possession of your license at the scene. The affidavit must contain the facts that show that the DMV should take your license (facts about your driving and behavior, your BAC is too high, the officer had probable cause but you refused the test, etc.). If an officer has probable cause to believe that your license should be revoked because of an excess BAC or a refusal, the officer must submit an affidavit to the DMV. The role of the police officer with the DMV 08 OR 2) you refuse a test that was properly requested. The DMV, then, can take your license if 1) your BAC is above. Under the express consent law, any driver who gets a license in Colorado “agrees” that in situations where an officer has probable cause to believe the driver is impaired and does ask the driver to take a test, the driver will take the test. That is because of Colorado’s “Express Consent” law. You can be punished if you do not take the test. 08, the officer can ask you to take a breath or blood test to determine your BAC. And if an officer has probable cause to believe you are impaired or that your BAC is above. It is unlawful to drive impaired or to drive with a blood alcohol content (“BAC”) greater than. This blog focuses on what you can expect from the DMV if you are suspected of DUI in Colorado. That’s because, in DUI cases, the penalties you face from the DMV are different than the penalties you face from the court. But even before you are convicted, the DMV can take your license. The Department of Motor Vehicles (“DMV”) can take your license if you are convicted of DUI.