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Drunk driving, a new Colorado law and the IID

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Posted By McAdams Law | September 5 2019 | Drunk Driving, DUI, Firm News

In Colorado, you may hear the term “DUI per se,” which refers to driving with a blood alcohol content of .08 or higher.

Also, a recent change in Colorado law affects the designation of Persistent Drunk Drivers. For cases involving either DUI per se or PDDs, there comes the probability of a court order for an ignition interlock device.

The IID explained

An ignition interlock device is roughly the size of a mobile phone. Basically, it is a computer with a mouthpiece. When installed in your vehicle, the IID attaches to the wiring beneath the hood. If you intend to drive, you must first blow into the mouthpiece so that the IID can test your BAC. If you pass, the car will start. As you drive, you can expect further random tests to ensure that you are still sober. If you attempt to circumvent the IID or if you drive a non-equipped vehicle, you risk license revocation with no ability to drive for at least 12 months.

A change in the law

In 2014, legislation changed the way Colorado law views Persistent Drunk Drivers. The BAC on a chemical test was reduced from 0.17 to 0.15 in terms of designating someone as a PDD. In addition, anyone who refuses to take a chemical test at a traffic stop will now earn the PDD designation.

The first-offender requirements

When charged with DUI, you must attend a hearing at the Department of Motor Vehicles, which determines license suspension or revocation. Keep in mind that with a first per se DUI conviction, you must have an IID installed in your vehicle for two years if your BAC is above .15, or for eight months if your BAC is lower. You are eligible for reinstatement after serving one month of license revocation. First offenders, in particular, do not know what to expect and worry about the consequences of a DUI charge. This is where legal guidance can assist in bringing about the best outcome possible.

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