IGNITION INTERLOCK UPDATE
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.
NEXT IEC COUNSELOR TRAINING: Friday, January 31st in Loveland. Call 303-442-5780 to register
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 30,000 DUI offenders are referred to these programs each year.
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.
1. AFFIDAVIT OF ENROLLMENT. As a result of new legislation, agencies should see an increase in
the request for an “Affidavit of Enrollment” in order for client’s to reinstate their driver’s license. Here
are some “affidavit” tips:
Affidavits are only used at DMV when a client is a persistent drunk driver and have not completed their Level II requirement. Level II education AND Level II therapy is always required.
It is no longer necessary to send the paper Affidavit to DMV, a copy must be maintained the client file.
Enter the agency DRS # into the affidavit agency ID field, not the agency license #.
The Affidavit checkbox must be entered in the TMS/DRS record when an Affidavit is completed.
Clients do not have to complete a certain number of classes in order to receive an Affidavit. They should be given at intake or when the client starts their first Level II group, or within a week of request.
Non-compliant clients must be discharged in TMS/DRS in order for DMV to action on the client’s driver’s license. Clients who are discharged Did Not Complete will receive a notice of cancellation from DMV.
2. OBH INTERLOCK EDUCATION & TREATMENT POLICY. If you have not set up your interlock
counseling program please do so right away in order to comply with OBH rules and policy. The next
training in Interlock Enhancement Counseling is January 31st in Loveland. Call 303-442-5780 to
3. DUI CURRICULUM TRAINING. Click here for the full January through June 2014 training schedule.
4. OBH RULES – Effective 11/1/13. Please review ALL the rules in order to best determine what applies
to your agency. Agencies are responsible for coming into compliance with the current rules. Check
with your OBH representative regarding your time line for updating your agency operating policies and
5. TMS TIPS:
Always enter the client’s full legal name, no nick names.
DUI clients must be discharged in DACODS, not just in DRS.
Clients should only be Discharged Completed when ALL their Level II education and therapy is completed. If clients completed part of their Level II at another agency, get a copy of the DRS to verify.
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 rules 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.
OBH’s Ignition Interlock Education and Treatment Policy 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.
If you have specific questions regarding DUI/DWAI offender education and treatment, please contact any of the following OBH staff:
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.
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.
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.
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 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
For impaired driving offenses on or after 01/01/14
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.
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:
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 takethe 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.
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.
For additional information contact OBH at (303) 866-7400.
Agencies can expect an email soon from OBH requesting detail about how their agency is implementing the policy.
Questions can be emailed to Christine.firstname.lastname@example.org