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Level II Alcohol Education & Therapy

Level II Alcohol Education & Therapy in Colorado

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Level I alcohol / drug education and Level II alcohol / drug education and therapy programs, are defined by the Colorado Department of Human Services (formally known as the Alcohol and Drug Abuse Division, or ADAD).

If you have specific questions regarding DUI/DWAI offender education and treatment, please contact any of the following:

  • Christine Flavia, Manager, DUI Services Program, (303) 866-7496 or e-mail: christine.flavia@state.co.us
  • Webster Hendricks, Specialist, DUI Intervention, (303) 866-7499 or e-mail: webster.hendricks@state.co.us
  • Jackie Urioste, Provider Liaison, (303) 866-7484 or e-mail: jackie.urioste@state.co.us

 

More resources:

Colorado Department of Human Services

List of all Level II Alcohol Treatment Providers in the State of Colorado - See website for all treatment centers by city or county

Colorado 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 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.

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 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.

What is Level I Education?

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, Level I is conducted in a group or class setting. Level I Education is not appropriate for someone who has had more than one impaired driving offense, or one offense with a BAC ≤ .100.

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. Level II Education is recommended for people on first offenses whose BAC is ≤ .149.

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 (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 Colorado Level II Therapy Track Guidelines:

For impaired driving offenses on or after January 1st, 2014:

  • 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.

For impaired driving offenses prior to January 1st, 2014:

  • 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.

Colorado 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 an OBH licensed Level I or Level II alcohol education and therapy program.

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 Reinstatement number (303-205-5631) can be called for specific information about the requirements for driver's license reinstatement. Or you can visit the motor vehicle website at https://www.colorado.gov/pacific/dmv/process-reinstate-driving-privilege

Completion of a Level I alcohol education program is only required when a minor driver (under the age of 21) has had their licensed/privilege revoked for one year for their first DUI, DWAI or UDD conviction.

A minor driver will be required to complete Level II Education or Level II Education and Therapy depending on an alcohol evaluator's recommendations or if there is a finding of fact at an Express Consent Hearing that the BAC was ≥ .150.

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:

  • Criminally convicted of 2 alcohol violations that occurred within 5 years, OR
  • Criminally convicted of 3 or more alcohol violations in a lifetime, OR
  • Revoked for having a BAC of .15 or greater
  • Revoked for multiple BAC tests of .08 or more (Per Se)
  • Revoked for a refusal to take a chemical test

 

Note: The Colorado DMV also has mandatory 2 year ignition interlock requirement in these circumstances. For more information about ignition interlock restricted licenses you can visit the DMV website.

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 January 1, 2014). The Colorado 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.

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 Colorado DWAI and 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) 747-4247.

*** It is important to understand that these guidelines are set by the State, but the Court and Probation rarely follow them. The Court and Probation almost always require Defendant's to submit to and complete Level II Alcohol and Drug Education and Therapy levels that surpass the listed State recommendations. Your individual circumstances, results of your independent evaluation with the alcohol evaluator from Probation and your BAC will dictate what level of Education & Therapy you are required to do.