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High BAC DUI

Driving under the influence (DUI) is a serious offense in Colorado, but cases involving high blood alcohol concentration (BAC) can carry even harsher penalties. When a driver’s BAC is 0.15% or higher, Colorado law classifies them as a persistent drunk driver (PDD)—even for a first offense. This designation results in stricter penalties, including longer license suspensions, mandatory alcohol education, and the requirement to install an ignition interlock device (IID).

Denver Lawyer for High Bac DUI

Being labeled as a persistent drunk driver has a devastating effect on your record. If you or someone you know have been charged with a DUI and tested above a 0.15 blood alcohol content, you need to contact an experienced DUI defense attorney today.

Set up your first consultation with Law Office of Matthew A. Martin, P.C. by calling our offices at (303) 725-0017. Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area and surrounding counties including Douglas County, Arapahoe County, Adams County, Jefferson County, Broomfield County, and Boulder County.

Overview of High BAC DUI

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High BAC DUIs under Colorado Law

Under Colorado Revised Statutes § 42-4-1301, a person commits DUI if they drive a vehicle while under the influence of alcohol or drugs, rendering them substantially incapable of safely operating the vehicle. A BAC of 0.08% or higher constitutes “DUI per se,” meaning the BAC level alone is sufficient for a DUI charge.

However, when a driver’s BAC reaches 0.15% or higher, they are designated as a persistent drunk driver (PDD) under Colorado law, even if it’s their first offense. This classification triggers more severe penalties due to the heightened risk associated with high BAC levels.

Penalties for High BAC DUI in Colorado

Because high BAC DUI offenders are classified as persistent drunk drivers (PDDs), they face enhanced penalties, even for a first offense.

First High BAC DUI Offense

  • Jail Time: 5 days to 1 year in county jail (mandatory minimum jail time may apply).
  • Fines: $600 to $1,000 plus court costs.
  • License Suspension: 9 months, but early reinstatement is possible after 1 month with IID installation.
  • Ignition Interlock Device (IID): Mandatory for at least 2 years after reinstatement.
  • Alcohol Education & Treatment: Level II alcohol education program required.
  • Community Service: 48 to 96 hours of public service.
  • SR-22 Insurance: Mandatory for 3 years (proof of high-risk auto insurance).

Second High BAC DUI Offense

  • Jail Time: 10 days to 1 year (mandatory minimum of 10 days).
  • Fines: $600 to $1,500.
  • License Revocation: 1 year, with IID requirement for at least 2 years.
  • Alcohol Treatment: Required intensive therapy.
  • Probation: Up to 4 years of supervised probation.

Third or Subsequent High BAC DUI Offense

  • Jail Time: Minimum 60 days, up to 1 year (mandatory sentence applies).
  • Fines: Up to $1,500.
  • License Revocation: 2 years, with IID required for reinstatement.
  • Probation: Strict monitoring and alcohol treatment required.

Felony DUI (Fourth Offense or More)

In Colorado, a fourth DUI conviction (regardless of BAC) is a felony:

  • Class 4 Felony: 2 to 6 years in state prison.
  • Fines: Up to $500,000.
  • License Revocation: Indefinite, with IID for reinstatement.

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Persistent Drunk Driver (PDD) Classification

Once classified as a persistent drunk driver (PDD) due to a high BAC (0.15% or more), offenders must:

  1. Complete Level II Alcohol Education & Therapy – A longer and more intensive treatment program than standard DUI offenders.
  2. Use an Ignition Interlock Device (IID) for at least 2 years – Required before full license reinstatement.
  3. Maintain SR-22 Insurance for 3 Years – A costly requirement that significantly increases insurance rates.

Even first-time DUI offenders with a high BAC will automatically be classified as PDDs and subject to these conditions.

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Defenses Against a High BAC DUI Charge

Breath or Blood Test Accuracy

Breathalyzer machines can produce false positives due to improper calibration, medical conditions, or certain diets (e.g., keto). Blood tests may be contaminated or improperly stored, leading to inaccurate results.

Illegal Traffic Stop

If the officer lacked probable cause to pull the driver over, the evidence (including BAC results) may be suppressed in court.

Rising BAC Defense

Alcohol takes time to absorb into the bloodstream. If the driver’s BAC was under 0.15% at the time of driving but increased before testing, the results may not accurately reflect their impairment while driving.

Improper Field Sobriety Testing

Standardized field sobriety tests (walk-and-turn, one-leg stand) can be subjective and unreliable.

Weather conditions, medical conditions, or nervousness can lead to false indications of impairment.

Violation of Colorado’s Express Consent Laws

If the officer did not properly inform the driver of their rights before a chemical test, the results may be inadmissible in court.

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Frequently Asked Questions

Can I get a high BAC DUI dismissed in Colorado?

Yes, a high BAC DUI may be dismissed or reduced if there are errors in testing procedures, lack of probable cause, or constitutional violations.

How long does a high BAC DUI stay on my record in Colorado?

A DUI conviction stays on your criminal record permanently and cannot be expunged in Colorado. However, deferred sentencing or plea agreements may provide alternative options.

Can I refuse a BAC test in Colorado?

Yes, but refusal leads to automatic penalties, including a 1-year license revocation and mandatory IID installation. Refusal also triggers the persistent drunk driver (PDD) classification.

How much does SR-22 insurance cost after a high BAC DUI?

SR-22 insurance can double or triple regular auto insurance rates, often costing an extra $100–$300 per month. It must be maintained for 3 years.

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Hire an Attorney for High BAC DUI in Denver, CO

A high BAC DUI in Colorado carries harsher penalties than a standard DUI, even for first-time offenders. Drivers with a BAC of 0.15% or higher are labeled as persistent drunk drivers (PDDs) and must complete alcohol treatment, install an IID for at least 2 years, and maintain SR-22 insurance.

Set up your first consultation with Law Office of Matthew A. Martin, P.C. by calling our offices at (303) 725-0017.

The Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area and surrounding counties including Douglas County, Arapahoe County, Adams County, Jefferson County, Broomfield County, and Boulder County.

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