Updated
A persistent drunk driver is a designation the Colorado DMV imposes on certain aggravated DUI offenders, resulting in a driver’s license revocation. There are 4 ways a motorist can sustain this penalty: by driving with a BAC greater than 0.15%, by refusing to take a DUI chemical test, by suffering multiple DUI convictions, or by driving on a license suspended for DUI.
Before your driving privilege will be restored under Colorado state law, you will need to:
- complete a level II alcohol education and treatment program regarding driving under the influence,1
- install an ignition interlock device on your vehicle, which you must maintain for at least two years2, and
- provide proof of financial responsibility (so-called “SR-22 insurance coverage”) for at least two years.3
What is a Colorado persistent drunk driver?
The Colorado DMV will label you for persistent drunk driving if:
- You have two or more DUI convictions (or other alcohol-related driving convictions),
- You have had a driver’s license revoked for two or more alcohol-related driving offense,
- You drive after your license has been suspended or revoked due to an alcohol-related driving violation,
- You drive with a blood alcohol concentration / blood alcohol content (BAC) of .15% or more (even if it is your first offense), or
- You refuse to take or complete a DUI chemical test following an arrest for DUI, DWAI or UDD (even if it is your first-time offense)4
Note that the .15% PDD designation is effective as of January 1, 2014. Before 2014, the BAC required for a PDD designation was .17%.
Driving with ≥ 0.15 grams of alcohol per 100 milliliters of blood causes PDD status.
Defenses to a Colorado PDD designation
You have the right to challenge a PDD designation at a Colorado DMV license hearing. But you must request the hearing within 7 days of your drunk driving arrest.
The main defenses to a persistent drunk driver designation involve challenging the underlying drunk driving violation. Common DUI defenses that defense attorneys use are:
- Law enforcement had no probable cause to pull over your motor vehicle,
- Your arrest was not lawful,
- The officer failed to advise you of the consequences of a chemical test refusal, or
- There were errors in your DUI blood test or DUI breath test that gave false results of the amount of alcohol in your blood.
Additionally, if you took a DUI blood test, you can have your blood sample independently tested. If the test results are inconsistent, a court can overturn the DMV designation.
Contact our law firm for legal advice on Colorado DUI laws. Our DUI lawyers offer free consultations.
In Denver, our law firm is conveniently located at:
Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211
Legal references:
- Colorado Revised Statutes 42-2-126 C.R.S.
- 42-2-132.5(1)(a)(II), C.R.S.
- 42-7-406, C.R.S.
- 42-1-102(68.5), C.R.S.