In Weld County, drivers can be charged with DUI if they “Driving Under the Influence” of drugs or alcohol. A Persistent Drunk Driver (PDD) / DUI is a different label that comes with the harshest of penalties in some DUI Summons and tickets. Below, our top attorneys will discuss what is a Persistent Drunk Driver and why you should hire leading DUI attorneys to fight for the best outcome in your drinking and driving case. Below these key Persistent Drunk Driver designation topics are discussed:
- What is the Definition of a Persistent Drunk Driver, C.R.S. 42-1-102(68.5) (a), in Ault, Colorado?
- Can a Person Be Labeled as a PDD if This is Their First DUI Ticket in Weld County?
- What are the Penalties and Punishments of a Persistent Drunk Driver in Greeley, Colorado?
- Can a Persistent Drunk Driver Designation Be Challenged in Weld County?
- Why Hire an Experienced Greeley, Colorado DUI Ticket Attorney When Facing a Persistent Drunk Driving Designation?
#1. What is the Definition of a Persistent Drunk Driver, C.R.S. 42-1-102(68.5) (a), in Ault, Colorado?
The definition in Ault, of a Persistent Drunk Driver, C.R.S. 42-1-102(68.5) (a), is:
(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).
Simply put, there are four ways a person can be labeled as a Persistent Drunk Driver: by driving with a Blood Alcohol Content (BAC) greater than 0.15%, refusing to take a DUI chemical test, having multiple DUI ticket convictions, or by driving on a license suspended for DUI.
#2. Can a Person Be Labeled as a Persistent Drunk Driver if This is Their First DUI Summons and Ticket in Weld County?
The simple answer is yes. In Weld County even if the DUI Summons and ticket is the defendants first, they can still be labeled as a PDD if their BAC is 0.15% or higher or if they refuse to submit to chemical testing following their arrest.
#3. What are the Penalties and Punishments of a Persistent Drunk Driver in Greeley, Colorado?
In Greeley, Persistent Drunk Drivers have their license revoked until they do the following three requirements: install an ignition interlock device on the vehicle and provide proof of insurance sometimes called “SR-22 insurance coverage,” and complete a level II alcohol education and treatment program. The ignition lock and insurance must be maintained for at least 2 years and the alcohol education and treatment program is 24 hours of alcohol and drug education classes over 12 weeks. These penalties are only for PDD drivers and are in addition to any other sentences or penalties that the driver might have from a DUI ticket. To learn more about DUI you can go here.
#4. Can a Persistent Drunk Driver Designation and Summons Be Challenged in Weld County?
If you are facing a Persistent Driver – PDD Designation and Summons in Weld County, you can challenge it. You can challenge it at an Express Consent Hearing through the Colorado Department of Motor Vehicles. It is important to note that this request for a hearing must be made within 7 days of the DUI arrest and notice. Having an experienced and aggressive DUI attorney at your side and at the DMV hearing is critical if you want any chance of avoiding the consequences that come with being a PDD.
#5 Why Hire an Experienced Greeley, Colorado DUI Ticket Attorney When Facing a Persistent Drunk Driving Designation?
In Greeley, being able to drive can be the difference in having a paycheck or not, and the experienced DUI attorneys at the O’Malley Law Office understand that. Our attorneys have over 30 years of experience getting favorable DUI ticket / Summons outcomes and knows that a Persistent Drunk Driving designation can be hard to overcome. Let us help you fight to get your PDD designation changed or your driver’s license reinstatements as soon as possible.
If you or a loved one have been accused of a DUI Ticket & Summons or a Persistent Drunk Driver designation, it is best to get an experienced defense attorney working for you as quickly as possible. Call 970-616-6009 to meet with a DUI / DWAI criminal defense lawyer in Weld County and the Greeley area for a free consultation. Together, we can protect your future.
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