If you’re reading this, chances are you or someone you care about has been charged as a persistent drunk driver in Colorado. That can be a scary and confusing place to be. You might feel overwhelmed, unsure of what’s going to happen next, or worried about how this could affect your future. At our firm, we understand those feelings. We are here to help guide you through this time and give you the support you need. This is not the end of the road. There are ways forward, and you do not have to face this alone.
What It Means To Be A Persistent Drunk Driver
In Colorado, someone is called a persistent drunk driver if they meet certain rules set by the state. This label does not just come from having many DUIs. Even if it’s your first offense, some things can cause you to be seen this way. If you are caught driving with a blood alcohol content (BAC) of 0.15 or higher, the state may consider you a persistent drunk driver. Also, if you refuse to take a breath or blood test when asked by police, that can also place you in this category. Being arrested more than once for driving under the influence or driving after your license was taken away because of a DUI will also lead to this label.
The state uses the term persistent drunk driver to describe people they believe are more likely to break the law again. But just because you were given this label does not mean you are a bad person or that your case is hopeless. It just means that the law has certain rules for how your case will be handled, and there are steps that can be taken to deal with those rules in a smart and fair way.
What Happens If You Are Marked A Persistent Drunk Driver
Being labeled a persistent drunk driver in Colorado leads to serious penalties. The consequences are more than just jail time or fines. One big thing that changes is how you can get your driver’s license back. The state will not let you drive again until you install an ignition interlock device in your car. This is a machine that makes you blow into it before your car will start. If it finds alcohol in your system, the car will not turn on.
People in this category must also take part in special alcohol and drug treatment programs. These programs are long and require a lot of commitment. You also have to get an alcohol and drug evaluation from a state-approved provider before getting your license back. All of this takes time and money, and if you don’t meet every step, your license will stay suspended.
Even if you meet the conditions, your license is not fully returned all at once. You will first get a restricted license, which means you must drive only with the ignition interlock device. This can last for at least two years, depending on your case. That’s a long time to be monitored so closely. You might also face jail time, community service, and large fines depending on how many past offenses you have and how your current case is handled.
How Colorado Treats Refusals And High BAC
People are often surprised to learn that refusing a chemical test can put them in the same category as someone who has had many DUIs. But under Colorado law, refusing a breath or blood test is taken very seriously. The law sees this as a sign that someone may be trying to hide how drunk they are. Because of this, even if it is your first DUI, refusal can trigger the same tough rules as someone who has a long history of drunk driving.
Likewise, a BAC of 0.15 or higher is considered “aggravated.” This means the law believes the person was especially dangerous behind the wheel. If you had a BAC at or above this level, Colorado will automatically treat your case as more serious, even if no one got hurt and you have never had trouble with the law before.
It may feel unfair, especially if you made a mistake just once. But Colorado law is strict in how it handles these situations, and the label of persistent drunk driver will still apply even if your arrest seems like a one-time error.
Getting Your License Back The Right Way
If you have been named a persistent drunk driver, getting your license back is a process. The first step is completing a Level II Alcohol Education and Therapy program. These programs are meant to help people understand the dangers of alcohol use and driving. How long your program lasts depends on your evaluation. Some people might only need 24 hours of classes, while others might need several months of therapy.
Next, you must install an ignition interlock device. You have to show proof that you’ve had it installed before you can apply for a restricted license. You will need to pay for the device yourself and continue to pay for it every month. This device must stay in your vehicle for at least two years.
You will also need SR-22 insurance. This is a special kind of car insurance that proves to the state you are keeping the right coverage. SR-22 must stay in place for at least two years, and if your policy ends or is canceled during that time, your license will be suspended again.
This is a lot to take in, and that’s why having someone on your side who understands the law can make a big difference.
Why You Should Take These Charges Seriously
Being called a persistent drunk driver is more than just a legal term. It means the court sees you as someone who could be a danger on the road. That can affect your reputation, your job, and your personal life. Employers may not want to hire someone with this kind of record. Insurance companies might charge much higher prices, or refuse to cover you at all. Friends or family might look at you differently.
But this doesn’t have to be the end of your story. People make mistakes. What matters now is how you respond. Working with someone who can explain your rights and build a defense for your case gives you a much better chance of moving forward.
Every case is different. Maybe you were wrongly charged. Maybe the officer didn’t follow the rules when giving you a test. Maybe your BAC reading was incorrect. These things happen more often than people think. The legal system is not perfect, and the charges against you are not always as strong as they first seem. That’s why it’s important to look closely at every part of the case and find out what really happened.
What You Can Do Now To Protect Yourself
If you’ve been charged under Colorado’s Persistent Drunk Driver law, do not wait to get help. These cases move quickly. There are deadlines you must meet if you want to keep your license or fight the charges. Missing those steps can make your case harder to win.
The sooner you talk to a legal team, the more time you have to build a plan. This can include challenging the stop, the testing, or even the way the case was handled. A good defense is based on knowing the facts and using the law to protect your rights.
At Hebets & McCallin P.C., we help people just like you. People who are scared, confused, and unsure of what to do next. We know this is a hard time. We treat our clients with care and respect, and we work hard to get them the best outcome possible. You don’t have to go through this alone. Reach out today and let us help you move forward with confidence.