Colorado has different classifications for people caught drunk driving. For example, those caught driving with a blood alcohol concentration (BAC) of 0.08 or more are considered to be driving under the influence of alcohol (DUI), whereas those caught driving with a BAC that exceeds 0.05 but less than 0.08 are considered to be driving while their ability to drive is impaired (DWI).
Another category is a persistent drunk driver. Here is how one can end up in this category:
BAC of 0.15
Any driver caught with a BAC of 0.15 or more in a single offense can be classified as a persistent drunk driver.
Past convictions
A driver with multiple DUI convictions or who had their driver’s license revoked for two or more alcohol-related driving violations can also be considered a persistent drunk driver in the state.
Driving under restraint
Anyone who continues to drive after a driver’s license or driving privilege restraint imposed for an alcohol-related driving offense(s) can be considered a persistent drunk driver.
Refusal to take a chemical test
Another way in which a driver can be classified as a persistent drunk driver in Colorado is when they refuse to take, complete or cooperate in completing a chemical DUI test required by law.
Any person who drives in Colorado “expresses consent” to take a blood, breath, saliva, or urine test when requested to do so by a law enforcement officer who has probable cause to believe the driver is operating their vehicle while drunk.
Does the designation have consequences?
If a driver is designated as a persistent drunk driver, they will need to complete a Level II Alcohol and Drug Education and Treatment program and install an Ignition Interlock for a minimum of two years after their driving privileges are restored.
Being considered a persistent drunk driver can negatively impact your life. Get legal help to defend yourself.