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Colorado Department of Human Services

DUI Services

 

 

No DUI Colorado

 

 

    

 

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OBH develops and enforces regulations for Level I and Level II DUI education and treatment programs. Approximately 30,000 DUI offenders are referred to these programs each year.

 

 

MAY 2013 EDITION:  DUI NEWS

(Please share this information with other staff)


1. DUI related legislation

 

  • HB 13-1240-Concerning penalties for persistent drunk drivers. Lowers the BAC threshold for a person to be considered a PDD from 0.17  to 0.15; Those who refuse to take the test would be considered a PDD; For those 21 and older, reduces the mandatory revocation time for repeat offenders from one year to one month, or two months for someone who refuses, with installation of an interlock.
  • HB 1325-Marijuana and driving. If a driver's blood contains 5 ng/mL or more of delta 9-tetrahydrocannabinol (THC) per milliliter of whole blood at the time of the offense, this fact gives rise to a permissible inference that the defendant was under the influence of one or more drugs. (This relates to active THC, not metabolites as is detected in urinalysis).

 

2. Training Updates

 

 

3. Interlock Policy Update

 

  • Interlock policy will be released this month. Effective July 1st.
  • DUI providers will be required to incorporate interlock education into Level I and Level II, screen DUI offenders for interlock requirements, and offer interlock counseling.
  • At least one DUI counselor from each agency site must be trained in Interlock Enhancement Counseling (IEC).
  • Next IEC trainings: June 19th in Grand Junction and June 28th in Golden.
  • Look for upcoming half-day IEC training in June for non-clinicians/administrators. 

 

 

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IGNITION INTERLOCK EDUCATION AND TREATMENT
 

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 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: 

 

  

  

 OBH Treatment Directory (LinkingCare)  

 

 

For a printable version of all DUI locations click here 

 
DUI Services


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 .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.

  

 

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.

 

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 .17 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.

 

 

Persistent Drunk Driver (PDD) Program


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.

 

 

 

 

 

 

 

 

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