The harshest Driving Under the Influence of drugs or alcohol charge in Weld County is Persistent Drink Driver. The top DUI attorneys at the O’Malley Law Office want to assist you in fighting for your driver’s license future. If you are facing a DUI or Persistent Drunk Driver (PDD) charge, we can show you how to lessen the penalties to your license and potential jail time. Below, our defense attorneys will highlight DUI and PDD charges and discuss why it is important to have an aggressive defense attorney on your side.
Colorado Definition of Driving Under the Influence, C.R.S. 42-4-1301
The legal definition of Driving Under the Influence, C.R.S. 42-4-1301, in Colorado is:
A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence. Driving under the influence is a misdemeanor, but it is a class 4 felony if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, as described in section 18-3-106 (1)(b), C.R.S.; vehicular assault, as described in section 18-3-205 (1)(b), C.R.S.; or any combination thereof. For a DUI, .08 is the lowest or minimum Blood Alcohol Level.
Legal Definition of a Persistent Drunk Driver, C.R.S. 42-1-102(68.5) (a), in Greeley, Colorado
In Greeley courts, the definition of a Persistent Drunk Driver, C.R.S. 42-1-102(68.5) (a), is:
Persistent drunk driver means any person who:
(I) Has been convicted of or had his or her driver’s license revoked for two or more alcohol-related driving violations;
(II) Continues to drive after a driver’s license or driving privilege restraint has been imposed for one or more alcohol-related driving offenses;
(III) Drives a motor vehicle while the amount of alcohol in such person’s blood, as shown by analysis of the person’s blood or breath, was 0.15 or more grams of alcohol per one hundred milliliters of blood or 0.15 or more grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving; or
(IV) Refuses to take or complete, or to cooperate in the completing of, a test of his or her blood, breath, saliva, or urine as required by section 18-3-106 (4) or 18-3-205 (4), C.R.S., or section 42-4-1301.1 (2).
What are Ways a Person Can be Labeled as a Persistent Drunk Driver in Weld County?
In Weld County, there are four ways that a person can be labeled as a Persistent Drunk Driver:
- A person can be labeled as a PDD if their Blood Alcohol Content (BAC) greater than 0.15%.
- If a person has multiple DUI convictions, they can be labeled as a PDD.
- When a person refuses to submit to a chemical test after they are arrested for DUI they can be labeled as a PDD.
- If a driver’s license is suspended due to DUI and the person is caught driving, they can be labeled as a PDD.
It is important to note that even if the DUI charge is a driver’s first offense, they can still be labeled as a Persistent Drunk Driver if their BAC is higher than 0.15% or they refuse a chemical test. Hiring a skilled DUI defense attorney is best when trying to understand the laws and penalties that apply to a DUI charge.
What are the Punishments for a Persistent Drunk Driver in Windsor or Ault, Colorado?
The punishments for being a Persistent Drunk Driver in Windsor, Ault or across Colorado is that the defendant’s license is revoked until they can prove they have done three things: 1) they have completed a level II alcohol education and treatment program that is 24 hours of alcohol and drug education classes over 12 weeks, 2) they install an ignition interlock device on their vehicle and 3) they provide proof of a special type of insurance which is sometimes called “SR-22 insurance coverage.” These penalties are only for a PDD, however, there will also be additional penalties from a court for any sentence related to the DUI. To learn more about Driving Under the Influence sentence and penalties, go here.
Hiring a Top Weld County Driving Under the Influence of Alcohol and Persistent Drunk Driver Attorney
Are you facing a Persistent Drunk Driver Designation or Driving Under the Influence of Alcohol charge in Weld County? Hiring a top DUI attorney can help you through the Weld County Courts with the least penalties and cost for your case. Having a DUI attorney can also help you challenge a Persistent Drunk Driver designation through an Express Consent Hearing with the Colorado Department of Motor Vehicles or DMV. It is important to note that this request for a hearing must be made within 7 days of your DUI arrest and Notice.