There are four ways a motorist in Colorado can be designated a persistent drunk driver: 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. If this happens, the person’s driver’s license will be revoked.
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%.
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.
Our DUI attorneys serve clients accused of DUI, DWAI, UDD and other driving offenses throughout the state of Colorado. We fight for driver’s license reinstatements and against interlock requirements. Learn more about Colorado DUI laws.
In Denver, our law firm is conveniently located at:
Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211
- 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.