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DUI / DWAI: Persistent Drunk Drivers in Colorado

Colorado lawmakers have done it again, by classifying people who have a DUI or DWAI with a name which doesn't have any connection to the label's ordinary meaning. "Persistent" implies more than one time, or over and over, right? Not in case of a DUI / DWAI.

Who Can be Classified as a Colorado Persistent Drunk Driver?

You can be labeled a Persistent Drunk Driver in Arapahoe or Douglas County if you driver with a blood alcohol level of .15 or greater. Yes, you can also be classified as Persistent if you have more than one alcohol related driving conviction (DUI / DWAI or a combination of the two). Another way is to continue to drive following the imposition of your driving privilege restraint. Finally, if you refuse to have a blood alcohol level test done following a request to do so by law enforcement, you will be labeled a Persistent Drunk Driver. Let's look at the penalties for having his classification.

Penalties for Persistent Drunk Driver

If you are classified as a Persistent Drunk Driver in your DUI / DWAI, you with be required to:

  1. Complete a level II alcohol education program
  2. Have an interlock device in your car to drive
  3. Have an interlock-restricted license for at least two years

There is no mandatory jail for being classified as a Persistent Drunk Driver in Adams or Jefferson County. Fortunately, since the interlock device is quite expensive, there is financial assistance available to Persistent Drunk Drivers under C.R.S. 42-2-132.5.

As with any DUI / DWAI offense in Denver and Grand County, it is always smart to remain silent when questioned by police or other governmental personnel. Court staff, probation officers and pretrial service workers feel obligated to side with the District Attorney in court cases.

You have a friend you can speak to and that is your criminal defense attorney at the O'Malley Law Office, P.C. We have been here for you and your friends for over 23 years, and we'll be here tomorrow. Contact one of our lawyers at 303-731-0719 today for a free consultation. Together, we can protect your future.

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