In Driving Under the Influence / DUI and Driving While Ability Impaired / DWAI cases in Larimer County, a driver may be designated a “Persistent Drunk Driver” / PDD. This designation can be attained in several ways, such as refusing the express consent test or having a BAC over 0.15. When a driver is designated a PDD, their license will automatically be revoked, and they must then follow several requirements to have it reinstated. If you have been charged with DUI or DWAI, first contact a top criminal defense lawyer to represent you at the Larimer County Courts. Then keep reading to learn what you are required to do to have your driver’s license reinstated.
1. What is the “Persistent Drunk Driver” Designation in Fort Collins?
Per C.R.S. 42-1-102 (68.5), the “persistent drunk driver” / PDD designation is given to any person in Fort Collins who:
- Had a Blood Alcohol Content / BAC of 0.15 or greater at the time that they drove, even if it is their first Driving Under the Influence / Driving While Ability Impaired offense,
- Has been convicted of or had their Colorado driver’s license revoked for 2+ alcohol-related driving violations,
- Drives under restraint after their driver’s license has been revoked for 1+ alcohol-related offenses, or
- Refuses to take the express consent test after being arrested for DUI or DWAI.
2. Can I Have My Colorado Driver’s License Reinstated if I Was Designated a Persistent Drunk Driver?
If you have been designated a PDD in Larimer County, the penalty that will result is license revocation. To have your license reinstated, you must:
- Complete a level II alcohol and drug education and treatment program approved by the Behavioral Health Administration, which you must pay for.
- Have an ignition interlock device installed in your car for at least 1 year, sometimes up to 2 years if you refused the expressed consent test. This device requires you to provide a breath sample before you drive, and then it prompts you to provide further samples as you continue to drive.
- Obtain an SR-22 insurance policy rider. SR-22 coverage means that if you cancel your auto insurance policy, your provider will be required to notify the Larimer County Courts.
Once these requirements are met, you must file the Application for Reinstatement and pay a $95 reinstatement fee + $25 DUI restoration fee.
3. Other Penalties for DUI / DWAI at the Larimer County Courts
Critical to understand is that license revocation for Persistent Drunk Driver designation is only one piece of your DUI / DWAI case at the Larimer County Courts. Your driver’s license revocation and reinstatement are handled by the DMV, not the Courts. If you are convicted of Driving Under the Influence or Driving While Ability Impaired, the following penalties will be levied against you:
- Larimer County Jail time, or Colorado DOC time if convicted of felony DUI / DWAI
- Hundreds or thousands of dollars in fines and surcharges
- At least 24 hours of community service
- Alcohol education and treatment
These penalties can increase significantly, depending on whether you were charged with DWAI or DUI, number of prior alcohol-related offenses, and whether you had a BAC of 0.20 or greater.
Have you been charged with DUI or DWAI? Remember to be smart, and exercise your right to stay silent. Then call 970-658-0007 to discuss your case with a top Fort Collins DUI lawyer from the O’Malley Law Office today. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Edward Eyer