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).
Tim H. said
Hello, I noticed on an old case of mine (the case has been closed, however, I still owe money on it)… as I was looking over the itemized list of fines under my case… it says “persistent drunk driver surcharge”, well, at the time of the offense (2009) I pled guilty to DWAI and before I was arrested, I refused a breath test as well as a blood test, so I did neither of those. That also was my ONE and only DWAI/DUI arrest, I have no other such offenses. So, after reading your very informative piece up above on this site, I am curious why they are charging me $50.00 for a “persistent drunk driver surcharge” if I don’t meet that criteria? Here is an itemized list of other payments they are asking for. Thank you so much for your time, I really appreciate it!
Transaction Amount Paid Balance Due
Victim Compensation Fund $33.00 $33.00 $0.00
Victim’s Assistance Fund $78.00 $78.00 $0.00
Alcohol Evaluation & Supervision $200.00 $58.86 $141.14
Driving Under Influence/Ability Impaired $100.00 $0.00 $100.00
Court Costs $21.00 $0.00 $21.00
LEAF Assessment $90.00 $0.00 $90.00
Traumatic Brain Injury Trust Fund $15.00 $0.00 $15.00
Court Security Cash Fund $5.00 $0.00 $5.00
Family Friendly Surcharge $1.00 $0.00 $1.00
Persistent Drunk Driver Surcharge $50.00 $0.00 $50.00
Genetic Testing Surcharge $2.50 $0.00 $2.50
Public Defender Accounts Receivable Code $25.00 $0.00 $25.00
Time Payment Fee $25.00 $25.00 $0.00
Collections Cost Recovery $12.44 $0.00 $12.44
Late Penalty Fee $20.00 $20.00 $0.00
Colin said
If you actaully read the statute, you will see that refusing a breath or blood test is one of the criteria for making you a “persistant drunk driver.” In the state of Colorado, they punish you for refusing a test as you agree to do so when you get your license. This is why you have this additional charge. Please see section (IV).
(68.5) (a) “Persistent drunk driver” means any person who:
(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).