Who Can Face “Persistent Drunk Driver” Designation?

Anyone who is facing any type of charges for driving under the influence (DUI) or driving while ability impaired (DWAI) in Colorado should be thinking carefully about building a strong defense with assistance from a Denver or Brighton DUI defense attorney. Even a first-time offense, depending on the circumstances, can have serious consequences. Yet those consequences can be much worse for subsequent DUIs or DWAIs, and especially for a person who is designated a “persistent drunk driver” in Colorado. What is a persistent drunk driver, and who can face this designation? Our Denver DUI defense attorney can explain in more detail.

Four Ways of Classifying a Persistent Drunk Driver 

It is important to know that a “persistent drunk driver” is not a specific charge under Colorado’s DUI or DWAI statutes. Instead, it is a specific classification that can result in a person being subjected to additional penalties beyond those imposed by a particular DWAI or DUI conviction alone. Under Colorado law, there are four different ways that a person can be classified as a persistent drunk driver:

• Has a single DUI offense (even a first-time offense) with a blood alcohol concentration (BAC) of 0.15 or higher;
• Has been convicted of or had a driver’s license revoked for having two or more alcohol-related violations (including DUI or DWAI);
• Has continued to drive after having a driver’s license revoked or other driver’s license restraints put in place due to alcohol-related driving offense; or
• Has refused to take a chemical test to determine BAC as required by Colorado’s express consent law.

It is important to note that this list is an “or” list — any of the above can result in a persistent drunk driver classification, not all of the above.

Additional Penalties for a Persistent Drunk Driver 

Classification as a persistent drunk driver in Colorado will result in a driver’s license revocation until the person has completed three separate requirements. All of the following requirements must be met by a persistent drunk driver for that person to be able to drive:

• Installation of an ignition interlock device for at least two years;
• Filing an SR-22 form, which provides confirmation to the state of Colorado that you have sufficient auto insurance based on your circumstances; and
• Completion of an alcohol education program.

Contact a Denver DUI Defense Lawyer for Assistance Defending Against DUI and DWAI Charges 

Being classified as a persistent drunk driver can have very serious consequences for you, and this is something you want to avoid if at all possible. If you are currently facing repeat DUI or DWAI charges, or if you are a first-time offender who had a particularly high blood alcohol concentration, it is critical to seek legal help as soon as you can with your persistent drunk driver defense. There are several strategies that can be explored to attempt to avoid the classification. One of the experienced Denver DUI defense attorneys at DeChant Law can discuss the details of your arrest with you, and we can help you to begin building a defense that is tailored to the facts of your case. Contact us for assistance today.

Sources:

leg.colorado.gov/sites/default/files/colorado_drunk_driving_laws_-_colorado_law_summary.pdf

dmv.colorado.gov/sr-22-and-insurance-information