NOVEMBER and DECEMBER 2014 EDITION: DUI NEWS
(Please share this information with other staff)
1. Upcoming Trainings: Look for a new schedule of trainings to come out in December
The first Group Facilitation Skills Training in Denver was a huge success. DUI counselor comments on evaluations included, “Fabulous training, very empowering”, “…it was engaging and motivating”, “This training and the information provided was like a breath of fresh air”, and “…a great way to learn new ways to teach and to get out of the rut…”.
2. What to do with DUID & marijuana impaired driving cases?
Probation evaluators assess like they do in alcohol cases & still refer to an appropriate level of DUI service
Counselors providing DUI services must have a poly-drug focus. Most clients are not alcohol users only. Additional information may need to be provided/discussed about marijuana.
The treatment agency’s clinical assessment should identify additional issues the client may need to address in their individualized service plan. For example, if a client presents with marijuana dependence, their therapy would be tailored or they may receive specialized services to best meet their needs.
3. For information about marijuana
www.colorado.gov/marijuana Official state of Colorado website for retail marijuana information and resources
www.noDUIcolorado.org Look for the box “Get the facts about marijuana and driving”
4. INTERLOCK ENCHANCEMENT COUNSELING (IEC): DUI licensed agencies must offer this service
to clients. If you are offering it by referral to another agency you must locate a nearby program that
offers IEC so clients can get a specific referral.
In accordance with 2 CCR 502-1 Behavioral Health Rules, OBH develops and enforces rules for licensed Level I and Level II DUI education and treatment programs. Approximately 25,000 DUI offenders are referred to these programs each year.
Level I and Level II Services can only be completed at programs licensed by OBH to provide these services.
Licensed programs must use an OBH approved DUI specific curriculum in the delivery of Level I and Level II services. DUI education and therapy services must be provided in person, face-to-face.
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.
Level I Education consists of 12 hours of DUI education over a minimum 3-day period, not more than 4 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 or refusal.
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.
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 (or refusal to take a test) and other clinical indicators. These track recommendations are made by the alcohol/drug evaluator (probation) or in the absence of an evaluation, the DUI licensed treatment agency.
The following are the Level II therapy track guidelines:
For impaired driving offenses prior to 01/01/14:
Track A, 42 hours over 21 weeks, usually for a first time offender with a BAC below .17;
Track B, 52 hours over 26 weeks, usually for a first time offender with a BAC of .17 or above;
Track C, 68 hours over 34 weeks, usually for someone with a prior DWAI/DUI, and a BAC below .17;
Track D, 86 hours over 43 weeks, usually for someone with a prior DWAI/DUI, and a BAC of .17 or above.
For impaired driving offenses on or after 01/01/14:
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 or refusal;
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 or refusal.
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 at no charge, within ten business 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.
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 here 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.
MVD 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 greater (prior to 01/01/14, .17 or greater)
Revoked for multiple BAC tests of .08 or more (Per Se)
Revoked for refusal to take the test (on or after 01/01/14)
Note: DMV has mandatory 2 year interlock requirement in these circumstances. For more information about interlock restricted licenses you can visit the DMV website here.
Pursuant to CRS 42-1-102 (68.5) a persistent drunk driver includes someone with a high BAC first offense, one or more prior impaired driving offenses, or someone who refuses to take the test (for offenses on or after 01/01/14).
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 OBH Level II Therapy track guidelines should be used by the DUI licensed treatment agency to determine the number of hours of therapy required to fulfill DMV requirements.
The DUI laws changed January 1st!
Those who refuse to take the test (even if it is their 1st offense) are now required to complete Level II Education and Level II Therapy AND have a two year ignition interlock requirement.
The defined persistent drunk driver BAC level dropped from .17% to .15%.
DUI offenders who have lengthy driver’s license revocation periods due to multiple DUIs or refusals now may be eligible to reinstate with the installation of an ignition interlock and enrollment in Level II.
DUI counselors must get training in Interlock Enhancement Counseling (IEC). It is a licensing requirement that at least one counselor at each DUI licensed site must attend the 1 day IEC training.
Ignition interlock devices have long been used as a means of reducing recidivism for persons with impaired driving offenses. In an article from 2011, the American Journal of Preventive Medicine concluded that “methods for combining interlock programs with alcohol treatment programs should be explored further as a potential means of extending the effectiveness of interlock beyond the period during which they are installed”.
With funding from the Persistent Drunk Driver Fund, a protocol was developed four years ago called Interlock Enhancement Counseling©® (IEC) to be used as an adjunct to DUI education and treatment for those DUI offenders who have an interlock installed in their vehicles. It is a 10 hour motivationally based brief intervention that consists of 4 brief individual sessions and 4 groups. OBH has received much interest and recognition for this initiative from both national and international colleagues. We've already trained over 300 counselors in Colorado in IEC.
OBH's proposed rules will require DUI licensed programs to include education about interlocks in their education groups, screen their DUI clients for interlock usage and requirements, and offer interlock counseling to those clients who are eligible.
The number of interlock users has increased from 6,000 to about 12,000 in the last 5 years. With changes to the law being made this legislative session, it is expected that number may easily double again in the next 5 years.
In an effort to implement the interlock education and counseling pieces fully, throughout Colorado, OBH’s Ignition Interlock Education and Treatment Policy will be going into went into effect July 1, 2013. The purpose of the policy is to guide the process of incorporating interlock education and counseling into DUI education and treatment programs licensed by OBH.
Please review: The OBH Interlock Policy, a description of IEC and recently revised Implementation Guidelines.
IEC Frequently Asked Questions, Updated 6/21/2013
If you are already in compliance with the OBH Ignition Interlock Education & Treatment policy, thank you.
The OBH Interlock Policy went into effect July 2013 and requires DUI licensed programs to:
Screen all their DUI clients for interlock requirements
Include Interlock education in Level I and Level II Education
Offer interlock counseling to eligible clients
Train DUI counselors in Interlock Enhancement Counseling (IEC)
UPCOMING INTERLOCK ENHANCEMENT COUNSELING TRAINING: (Western slope providers: please get signed up for the Grand Junction IEC training ASAP or it will be cancelled).
October 3, Golden
October 9, Grand Junction
October 24, Colorado Springs
November 6, Golden
December 10, Golden
Call 303-442-5780 to register for the IEC training.
Download the revised 2013 DUI Education Legal Supplement. This is a Colorado specific supplement for use with all DUI Level I and Level II Education programs.
Pursuant to legislation passed in 1998 penalties were increased for high BAC and repeat DUI offenders. Referred to as the Persistent Drunk Driver Act of 1998, this legislation defined the PDD and created the PDD Cash Fund, which is funded by a surcharge imposed on convicted DWAI/DUI offenders. Monies in the PDD fund are subject to annual appropriation by the general assembly with the scope of their use stipulated by statute. Overall, the primary purpose of the fund is to support programs that are intended to deter persistent drunk driving or intended to education the public, with particular emphasis on the education of young drivers, regarding the dangers of persistent drunk driving. In recent years the scope of the fund was expanded to include assisting indigent DUI offenders with the cost for required treatment or intervention services.
If you have specific questions regarding DUI/DWAI offender education and treatment, please contact any of the following OBH staff: