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Persistent Drunk Driver Laws

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Recent legislation has changed the definition of a persistent drunk driver under Colorado law. Persistent drunk drivers, commonly called a PDDs, are required to have a minimum two-year ignition interlock as a mandatory term of driver’s license reinstatement. Along with the interlock requirement, being legally classified as a PDD requires you to complete Level II Alcohol Education and Treatment and to maintain an SR22 for no less than two years and often times for three years as a mandatory term of reinstatement.

You will see that the word ‘mandatory’ is used quite often here and that is intentional as these requirements are mandated by law. You can and will be designated as a persistent drunk driver, even if this is your first offense. If you refuse to take a test or your BAC is ≥ .150, you will be designated a persistent drunk driver by the DMV if a finding of fact is made regarding your BAC or that you refused as a result of an administrative revocation hearing or commonly called an Express Consent Hearing.

  • (a) C.R.S. 42-1-102(68.5) (a) "Persistent drunk driver" means any person who:
  • (I) Has been convicted of or had his or her driver's license revoked for two or more alcohol-related driving violations;
  • (II) Continues to drive after a driver's license or driving privilege restraint has been imposed for one or more alcohol-related driving offenses;
  • (III) Drives a motor vehicle while the amount of alcohol in such person's blood, as shown by analysis of the person's blood or breath, was 0.15 or more grams of alcohol per one hundred milliliters of blood or 0.15 or more grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving; or
  • (IV) Refuses to take or complete, or to cooperate in the completing of, a test of his or her blood, breath, saliva, or urine as required by section 18-3-106 (4) or 18-3-205 (4), C.R.S., or section 42-4-1301.1 (2).
  • (b) Nothing in this subsection (68.5) shall be interpreted to affect the penalties imposed under this title for multiple alcohol- or drug-related driving offenses, including, but not limited to, penalties imposed for violations under sections 42-2-125 (1) (g) and (1) (i) and 42-2-202 (2).

Have any questions regarding your charges and potential penalties? Let our Denver DUI lawyers explain your situation and provide the detailed, caring counsel you need at during this challenging time. We are here to fight for the justice you are owed.

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