The word ‘persistent,’ by definition, means constantly repeated or continued. Apparently the Colorado Department of Motor Vehicles did not consult a dictionary when defining Persistent Drunk Driver because you can actually get that label for your first DUI offense. Now, it can also apply to repeat offenders, but if your blood alcohol content (BAC) is .150 or higher, you can be labeled a Persistent Drunk Driver even if it is your first alcohol offense in Fort Collins.
Larimer County DUI Lawyer: What is the Definition of Persistent Drunk Driver?
In Larimer, Boulder, and Grand County a person can be labeled a Persistent Drunk Driver for a few different reasons relating to the common DUI case. You can get this label if you:
- Refuse expressed consent, meaning a refusal to take a blood, saliva, or urine test after an arrest for an alcohol or drug related driving offense including DUI, DWAI, DUID, Vehicular Assault, and Vehicular Homicide; or
- Get two or more alcohol related driving convictions or have your license revoked for two or more alcohol related driving offenses; or
- Have a BAC of .150 or higher as reported from a blood or breath test; or
- Get caught driving after your license has been revoked, placed under restraint or suspended for an alcohol related driving offense.
What is the Sentence / Punishment for a Persistent Drunk Driver Conviction in Fort Collins?
While being labeled a Persistent Drunk Driver is not in itself a crime in Fort Collins, Loveland, and Estes Park, it is a label that can aggravate consequences with the DMV. If you are considered a Persistent Drunk Driver (PDD), the DMV requires:
- Completing a level II alcohol education class; and
- Applying for and carrying an interlock restricted driver’s license; and
- Installing and paying for an interlock device on your car for a minimum of two years.
High BAC and Your Colorado Driver’s License: The Effects of a .20 or Higher BAC in Boulder and Longmont
While .150 BAC is enough to get you labeled as a Persistent Drunk Driver, having a breath or blood test report a .20 or higher will carry even greater consequences. If your BAC is .20 or greater, you are required by law to serve at least 10 days in the Larimer County Jail. While a plea bargain deal may be worked out to serve this time through work release, it is mandatory that time is served. Being away from your family and access to your normal life can easily have a negative effect. If you have been charged with an alcohol related driving offense, be sure to consult an experienced DUI attorney to explore other possible resolutions to your case.
If you or someone you love has been charged with DUI, DWAI, or another alcohol related driving offense, be smart, exercise your right to remain silent and contact the best DUI criminal defense attorney from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.
Image Source: Pixabay-jarmoluk