DUI Alcohol Education and Treatment in Colorado

When an individual is convicted in Colorado of the misdemeanor offense of Driving Under the Influence (DUI), or the slightly lesser misdemeanor charge of Driving While Ability Impaired (DWAI), there are typically several sanctions imposed. One of the most common and routinely imposed sanctions is for the individual to complete alcohol education or both alcohol education and treatment.

Levels of DUI Alcohol Education in Colorado

The basic level education is referred to as Level I. In many instances a Judge, often after completion of an evaluation, may order a defendant to complete Level I alcohol education. Level I is the least severe program and substantially less time consuming. The alcohol education program designated as Level I is often ordered to be completed by the Court if the individual has not been previously convicted of any type of alcohol and driving offense in Colorado or anywhere else in the United States, the measured blood alcohol content was not excessive, and there were no aggravating factors such as an accident or dangerous driving.

Level I Alcohol Education

A Level I class consists of twelve (12) hours of alcohol education normally over two sessions with no more than six (6) hours to be completed per session. In addition to its application to adults, the Colorado Division of Motor Vehicles (DMV) requires completion of a Level I alcohol education program when a minor driver has had their license/ driving privilege revoked for one year for their first DUI, DWAI or if their Blood Alcohol Content (BAC) was found to be 0.02 or more, for all violations received while the person was under twenty-one (21) years of age.

Level II Alcohol Education

A Level II class is sometimes imposed upon a first time Driving Under The Influence (DUI) traffic offender or a first time Driving While Ability Impaired (DWAI). However, Level II alcohol and treatment is required by the Colorado Division of Motor Vehicles if a driver:

• Is convicted of two (2) alcohol violations that occur within five (5) years; or
• Is convicted of three (3) or more alcohol violations in a lifetime, or
• Is revoked for having a BAC of 0.17 or more, or
• Is revoked for multiple BAC tests of 0.08 or more (DUI Per SE)

Regardless, the judge in a Colorado court where a motorist appears on a Driving Under The Influence (DUI) charge, or a Driving While Ability Impaired (DWAI) charge, may impose a sentence to alcohol education and treatment that is different than the alcohol education and treatment mandated by the Division of Motor Vehicles. However, to reinstate a license in Colorado a driver must start and thereafter successfully complete at least the minimum alcohol education and treatment required by the Colorado Division of Motor Vehicles (DMV).

Level II education and therapy is typically classified into four different tracks which are Track A, Track B, Track C, and Track D. The Colorado Division of Motor Vehicles (DMV) mandates the start and eventual successful completion of certain designated Level II Tracks of alcohol education and treatment.

Track A

Track A is generally applicable if the measured Blood Alcohol Content (BAC) was under 0.17 and the driver has no priors that have occurred anywhere in the United State. Level II Track A most often consists of forty-two hours of alcohol treatment over twenty-one weeks and twenty-four (24) hours of education over twelve weeks.

Track B

Track B is generally applicable if the measured Blood Alcohol Content (BAC) of the Colorado motorist was 0.17 or over and the driver has no priors that have occurred anywhere in the United States. Level II Track B most often consists of fifty-two hours of alcohol treatment over twenty-six weeks and twenty-four (24) hours of education over twelve weeks.

Track C

Track C is generally applicable if the measured Blood Alcohol Content (BAC) of the Colorado motorist was under 0.17 and the driver has one or more prior alcohol and driving related convictions that occurred in Colorado or anywhere else in the United States. Level II Track C most often consists of sixty-eight (68) hours of alcohol treatment over thirty-four (34) weeks and twenty-four (24) hours of education over twelve weeks.

Track D

Track D is generally applicable if the measured Blood Alcohol Content (BAC) of the Colorado motorist was 0.17 or over and the driver has one or more prior alcohol and driving related convictions that occurred in Colorado or anywhere else in the United States. Level II Track D most often consists of eighty-six (86) hours of alcohol treatment over forty-three (43) weeks and twenty-four (24) hours of education over twelve weeks.

Any driver, required to have a Level II program for reinstatement of their driving privileges, that is a Colorado resident, who is currently enrolled in an approved Level II alcohol and treatment program, and who has no other applicable driver’s license restraints, has the possibility of applying to reinstate their driving privileges prior to completion of the Level II program. This is done by a Division of Behavioral Health (DBH) certified treatment agency filing an “Affidavit of Enrollment,” which is Colorado Division of Motor Vehicles (DMV) Form DR 2643, with the Colorado Division of Motor Vehicles.

In the event that either i) the Colorado Division of Behavioral Health (DBH) certified treatment agency provides notice to the Division of Motor Vehicles (DMV) that the enrollee is non-compliant with program requirements, or ii) the Colorado Division of Motor Vehicles (DMV) has not received notification of completion of the Level II program within twenty (20) days after the estimated completion date listed on the Form DR 2643, the driver’s license of the enrollee will typically will be Cancelled and Denied for failing to complete the Level II program.

Legal Disclaimer – The information contained at this web site is not intended to be legal advice and all information regarding Colorado criminal law is general content only and should not be relied upon for any specific Colorado criminal law situation. Information on this web site is not intended to be comprehensive and does not cover all the issues, nuances or ramifications related to the topic discussed. This web site may not be updated routinely to reflect the very most current Colorado law.

Individuals should consult an experienced Denver criminal attorney, Denver DUI laywer, or Denver traffic lawyer for advice regarding an individual situation. 

by Ross Koplin