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The process following an alcohol or drug-related DUI or DWAI arrest is complicated and challenging. In the typical arrest, the arresting officer initiates two separate proceedings—one criminal, by virtue of a “Uniform Summons and Complaint” into County Court, and the other administrative, with service of the “Express Consent Affidavit and Notice of Revocation” on behalf of the Colorado Department of Revenue, Division of Motor Vehicles (DMV).
The County Court process determines whether you should be subject to fines, costs, jail time and rehabilitative requirements. The DMV process determines whether you lose driving privileges. Each process is independent of the other, and, by law, has no bearing on the outcome of the other. Even if one case is dismissed, the other will proceed.
Road 1 is an overview of the administrative process through the DMV for an alcohol or drug-related driving arrest. This process is generally governed by C.R.S. 42-2-126.
Road 2 describes the process of an alcohol or drug-related arrest through the County Court. C.R.S. 42-4-1301 through 1307 provides the statutory guidance for the criminal sanctions.
Level I and Level II Services can only be completed at programs licensed by OBH to provide these services.
Licensed programs must use a OBH approved DUI specific curriculum in the delivery of Level I and Level II services.
If alcohol/drug education or treatment services were received at programs out of state or at Colorado programs not licensed by OBH to provide Level I/Level II Services. Then those services, may be evaluated to determine if they are comparable to Colorado’s requirements. DUI licensed programs can evaluate treatment done at programs not licensed by OBH to provide DUI services, but can only grant Level II credit for therapy, not education, and only if certain criteria are met. Only OBH can evaluate education done at programs not licensed by OBH to provide DUI services for determination of Level I/Level II Education credit.
PROOF OF ATTENDANCE IN DUI CLASSES
Programs licensed by OBH to provide DUI services are required to furnish a copy of the DRS (Discharge or DUI/DWAI Referral Summary) to clients within ten working days following client discharge from education/treatment.
If you are trying to get your driver’s license reinstated and need documentation (DRS) that you completed classes you can contact the agency where you attended to obtain the DRS. If you are unable to get this information from the agency, OBH may have it in our database. You must complete a Consent for the Release of Confidential Information form in order for OBH to search for this information in our database. Completed forms must be faxed, mailed or hand delivered to OBH. OBH contact information is on the form.
WHAT IS LEVEL I EDUCATION?
Level I Education consists of 12 hours of DUI education over a minimum 2-day period, not more than 6 hours can be conducted in one calendar day. Typically conducted in a group or class. Level I Education is not appropriate for someone who has had more than one impaired driving offense, or one offense with a high BAC.
WHAT IS LEVEL II EDUCATION?
Level II Education consists of 24 hours of DUI education over 12 weeks. Typically conducted in a group setting, class size is limited to not more than 12 regularly attending. Level II Education can be recommended by itself or may be followed by Level II Therapy.
WHAT IS LEVEL II THERAPY?
When Level II Therapy is required it follows Level II Education and can range in length from 5 to 10 months depending on the track assigned. Track assignment depends on whether a person has prior impaired driving offenses, their BAC and other clinical indicators. These track recommendations are made by the alcohol evaluator (probation) or in the absence of an evaluation, the treatment agency.
The following are the Level II therapy track guidelines:
- Track A, 42 hours over 21 weeks, usually for a first time offender with a BAC below .15;
- Track B, 52 hours over 26 weeks, usually for a first time offender with a BAC of .15 or above;
- Track C, 68 hours over 34 weeks, usually for someone with a prior DWAI/DUI, and a BAC below .15;
- Track D, 86 hours over 43 weeks, usually for someone with a prior DWAI/DUI, and a BAC of .15 or above.
MOTOR VEHICLE/DRIVER’S LICENSE REQUIREMENTS
An alcohol program the court orders you to complete may differ from your Motor Vehicle reinstatement requirements.
Education and therapy classes must begin after the date of your most recent alcohol violation.
Colorado Revised Statute (CRS 42-2-132) requires completion of a OBH licensed Level I or Level II alcohol education and therapy program.
Motor vehicle law is complicated and there are many variables that impact a person’s driver’s license status and conditions for reinstatement. The Division of Motor Vehicles, Driver Control customer service number (303-205-5613) can be called for specific information about the requirements for driver’s license reinstatement. Or you can visit the motor vehicle website at http://www.colorado.gov./revenue/dmv and click on Driver’s License Reinstatement.
Completion of a Level I alcohol education program is required when a minor driver has had their licensed/privilege revoked for one year for their first DUI, DWAI or .02 or more BAC conviction, for a violation that was received while under the age of 21. A minor driver may be required to complete Level II education or Level II education and therapy depending on the alcohol evaluator’s recommendations.
DMV Level II requirements always include both Level II Education and Level II Therapy.
Level II education and therapy is required when a driver is:
- Convicted of 2 alcohol violations that occurred within 5 years, OR
- Convicted of 3 or more alcohol violations in a lifetime, OR
- Revoked for having a BAC of .15 or more, OR
- Revoked for multiple BAC tests of .08 or more (Per Se)
DMV does not determine the number of hours of therapy a person is required to do for Level II Therapy. If an alcohol evaluation has been done by probation for the last offense, then those recommendations should be followed. If no evaluation has been done, results are not available, or if the evaluator only recommended Level II Education, then the Level II Therapy track guidelines should be used by the treatment agency to determine the number of hours of therapy required to fulfill DMV requirements.
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