Colorado will impose a persistent drunk driving fine on a first offense if your test result was over 0.17. We get so many calls from people complaining that they are being gouged by the State. You are being gouged by the State the problem here is the legislature just mis-named the Statute. It should be called Prior DUI or Over 0.17 on 1st Offense Fine.
“Persistent drunk driver” means under Colorado Revised Statute 42-1-102 (68.5) any person who has been convicted of or had his or her driver’s license revoked for two or more alcohol-related driving violations; who continues to drive after a driver’s license or driving privilege restraint has been imposed for one or more alcohol-related driving offenses; or who 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 0.17 or more grams of alcohol per one hundred milliliters of blood or 0.17 or more grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving. Nothing in this subsection (68.5) shall be interpreted to affect the penalties imposed under this title for multiple alcohol- or drug-related driving offenses, including, but not limited to, penalties imposed for violations under sections 42-2-125 (1) (g) and (1) (i) and 42-2-202 (2).