There are four ways to get designated as a persistent drunk driver in Colorado:
- 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.
In these scenarios, motorists will have their license revoked until they complete Level II alcohol education and treatment, install an ignition interlock device, and provide proof of financial responsibility (called SR-22 insurance).
In this article, our Colorado criminal defense attorneys discuss:
- 1. What are persistent drunk drivers in Colorado?
- 2. What is the penalty for being a PPD?
- 3. Can I challenge my PPD designation?
1. What are persistent drunk drivers in Colorado?
People are designated as persistent drunk drivers (PDDs) in Colorado if they either:
- Have been convicted of – or had their driver’s license revoked for – two or more alcohol-related driving offenses; or
- Drive while their license is revoked because of a prior alcohol-related driving violation; or
- Have a blood alcohol concentration (BAC) of 0.15% or higher while driving (or within two hours after driving); or
- Refuse to take a required breath, blood, saliva, or urine test following a drunk- or drugged driving-related arrest.
In short, first-time drunk driving suspects can become PDDs in Colorado if they drive with a blood alcohol content of 0.15% or higher or if they refuse to submit to chemical testing following their arrest. Repeat drunk driving offenders are automatic PPDs. And sober drivers become PPDs if they are caught driving with revoked driving privileges from a prior drunk driving case. (Driving with a revoked license is called driving under restraint, or DUR.)1
2. What is the penalty for being a PPD?
Persistent drunk drivers in Colorado have their license revoked until they do the following three requirements:
- Install an ignition interlock device on the vehicle, which must be maintained for at least two years2, and
- Provide proof of financial responsibility (so-called “SR-22 insurance coverage”), which must be maintained for at least two years,3 and
- Complete a level II alcohol education and treatment program. This consists of 24 hours of alcohol and drug education classes over 12 weeks, usually in group settings of 12 participants.4
PPDs suffering from addiction may also be required to complete Level II Therapy. The length of Level II Therapy turns on the defendant’s case:
| Colorado DUI defendant | Level II Therapy |
| BAC less than 0.15% | No previous DUIs Track A: 42 hours over 5 months (21 weeks) One or more previous DUIs Track C: 68 hours over 8 months (34 weeks) |
| BAC of at least 0.15% | No prior DUIs Track B: 52 hours over 6 months (26 weeks) One or more prior DUIs Track D: 86 hours over 10 months (43 weeks) |
| Defendant refused a chemical test | No prior DUIs Track B: 52 hours over 6 months (26 weeks) One or more prior DUIs Track D: 86 hours over 10 months (43 weeks)5 |
Note that these PPD penalties are separate and apart from any other punishments the driver faces for driving while intoxicated, driving under restraint (with a revoked license), or refusing to take a chemical test:
Driving with ≥ 0.15 grams of alcohol per 100 milliliters of blood causes PDD status in Colorado, even for a first offense.
2.1. Drunk driving penalties
Driving under the influence of alcohol or drugs carries a combination of fines, community service, jail time, license suspensions, and/or DMV points. Punishments for DUI convictions depend on the specific charge and whether the defendant has any prior offenses. For a complete list of criminal sentences, click on the following drunk driving crimes:
- DUI – driving while impaired by alcohol or drugs.
- DUI per se – driving with a BAC of 0.08 % or higher, whether or not the driver is impaired.
- DWAIs – driving while ability impaired, generally with a BAC of greater than 0.05% to less than 0.08%.
- UDD – underage drunk driving, for defendants younger than 21 years old and with a BAC of 0.02% to 0.05%.
- Vehicular Assault (CRS 18-3-205) – DUI causing serious injury.
- Vehicular homicide (CRS 18-3-106) – DUI causing death.
2.2. Driving under restraint penalties
Driving with a license that had been revoked due to a drunk driving-related offense – called driving under restraint – is a class 2 misdemeanor traffic offense.
A first-time offense carries 10 days to 1 year in jail, $150 to $1,000 in fines (at the court’s discretion) and a one-year license revocation extension.
A subsequent offense within five years carries 10 days to 2 years of jail time, $500 to $3,000 (at the court’s discretion), and a four-year license revocation extension.6
2.3. Refusing a chemical test penalties
DUI arrestees who refuse to take a chemical test will have their license revoked for a year. And should the drunk driving case go to trial, the refusal will be admissible as evidence of guilt.7
3. Can I challenge my PPD designation?
Yes. Drivers have the right to challenge a persistent drunk driving designation at a Colorado DMV administrative hearing, referred to as an express consent hearing. But the driver must request the hearing within 7 days of the DUI or DUR arrest.
The main defenses to a persistent drunk driver designation involve challenging the underlying drunk driving violation. Ten common DUI defenses that defense attorneys use are:
- Law enforcement had no reasonable suspicion to pull over the motor vehicle;
- The officer did not administer the field sobriety tests correctly;
- The driver had a medical episode that mimicked intoxication, such as a diabetic coma;
- The driver had a physical condition that caused inaccurately high BAC levels, such as GERD or acid reflux;
- Police had no probable cause to make an arrest;
- The breathalyzer was defective;
- The officer failed to observe the defendant for 15 minutes prior to the chemical breath test;
- The lab techs who calibrated the breathalyzer let their certification lapse;
- The blood samples were contaminated; and/or
- The officer failed to advise the defendant that refusing a chemical test results in a revoked license.
Note that defendants who took a DUI blood test can have the blood sample independently tested. If the test results are inconsistent, a court can overturn the PPD designation.8
Contact us for help with your case.
Our DUI attorneys serve clients accused of DUI throughout the state of Colorado. We fight to get restricted licenses when necessary and driver’s license reinstatements as soon as possible. Learn more about Colorado DUI laws.
Legal References
- Colorado Revised Statute 42-1-102(68.5).
- CRS 42-2-132.5(1)(a)(II).
- CRS 42-7-406.
- CRS 42-2-126.
- CRS 42-4-1301; CRS 42-4-1301.3; CRS 42-4-1307; Level I, Level II, and Enrollments, Colorado Department of Revenue.
- CRS 42-2-138. Prior to March 1, 2022, DUI-related DUR was a misdemeanor. A first-time offense carried 30 days to 1 year in jail and $500 to $1,000 in fines. A second-time offense carried 90 days to 2 years in jail and $500 to $3,000 in fines. SB21-271.
- CRS 42-4-1301.
- See also Garcia v. Huber, (Court of Appeals of Colorado, Division Four, 2010) 252 P.3d 486; see also Wiesner v. Huber, (Court of Appeals of Colorado, Division Seven, 2010) 228 P.3d 973.