Does Colorado make you do DUI school?

Posted on February 25, 2021

First-time Colorado DUI defendants may be required to complete Level II Education DUI School classes based on the results of their alcohol evaluation. And Level II Education is always required for repeat DUI offenders, DUI defendants with a blood alcohol content (BAC) of 0.15% or higher, and DUI arrestees who refused to take a breath or blood test.¹

Meanwhile, the shorter Level I Education DUI School program is required for under-21 defendants convicted of DUI, DWAI or UDD. Though underage defendants may be ordered to complete Level II Education instead based on the results of their alcohol evaluation.

But even if the criminal case gets dismissed, defendants may still be required to complete DUI School in order to reinstate their revoked driver’s license.

DUI school must be completed in person, though the court may accept online classes during the COVID-19 pandemic. And depending on the defendant’s alcohol evaluation, Level II Education participants may also be required to complete Level II Therapy – a lengthy treatment and rehabilitation program. Defendants are also responsible to pay for the courses out of their own pocket.

See our related article, DUI Classes in Denver – What You Need to Know.

What is Level I Education?

Level I Education is 12 hours of alcohol and drug education classes. They can be done over three sessions unless an alcohol evaluator requires more sessions.

Colorado defendants who are under 21 years old are required to complete Level I if they had their driver’s license revoked for one year due to a first-time:

• DUI (driving under the influence) – driving with a BAC of 0.08% or higher; or
• DWAI (driving while ability impaired) – driving with a BAC of more than 0.05% but less than 0.08%; or
• UDD (underage drinking and driving) – driving with a BAC of 0.02% or higher

However, some minor defendants are instead sentenced to complete Level II Education based on the results of their alcohol evaluation.²

What is Level II Education?

Level II Education is 24 hours of alcohol and drug education classes (twice the length of Level I education). These classes are done over 12 weeks, usually in group settings of 12 participants.

The following types of Colorado defendants are required to complete Level II:

• Defendants convicted of 2 or more DUI violations within 5 years;
• Defendants convicted of 3 or more DUI violations in a lifetime;
• Defendants with their driver’s license revoked for a BAC of 0.15% or higher;
• Defendants with their driver’s license revoked for having multiple BAC tests over 0.08%; and
• DUI arrestees who refused to take a chemical breath- or blood test, even they are not ultimately convicted of DUI.

For defendants who may have drinking problems, the judge will require that the defendant complete both Level II Education as well as Level II Therapy.

The court may also require first-time defendants and UDD defendants to complete Level II Education (and possibly therapy) depending on the results of their alcohol evaluation.³

What is Level II Therapy?

DUI defendants sentenced to complete Level II Education may also be required to complete Level II Therapy. This is a treatment program, typically for people suffering from alcoholism or drug addiction. Defendants usually start Level II Therapy after completing Level II Education.

The length of Level II Therapy depends on the defendant’s case:

Colorado DUI defendant	Level II Therapy
BAC of less than 0.15%	No prior DUIs Track A: 42 hours over 5 months (21 weeks) One or more prior DUIs Track C: 68 hours over 8 months (34 weeks)
BAC of 0.15% or higher	No prior DUIs Track B: 52 hours over 6 months (26 weeks) One or more prior DUIs Track D: 86 hours over 10 months (43 weeks)
Defendant refused chemical test	No prior DUIs Track B: 52 hours over 6 months (26 weeks) One or more prior DUIs Track D: 86 hours over 10 months (43 weeks)

Note that people with four or more past impaired driving offenses may be sentenced to complete Level II Four Plus (a.k.a. Track F). It requires at least 180 hours over 18 months and a demonstration of rehabilitation.⁴

How do I show proof of attendance?

The company providing the classes or therapy is required to give participants a copy of their discharge papers, called a DRS – short for DUI/DWAI Referral Summary. Colorado courts accept DRSs as proof of attendance.⁵

Can I do DUI School in another state?

Non-Colorado residents with a Colorado DUI case can usually complete their Level I or II education requirements in another state with a similar program. But they need to get approval ahead of time from the court.

When is DUI School not required in Colorado?

The only people who do not do any Level I or II Education programs are first-time DUI or DWAI defendants who are at least 21 years old, and:

• the judge does not order an alcohol evaluation; or
• the alcohol evaluation results indicate that the defendant does not need DUI School⁶

What if I do not complete DUI School?

Colorado judges usually have the discretion to remand the defendant to jail for not completing a required class or treatment program. This is because not doing DUI school is a probation violation. However, the judge may be swayed to grant the defendant an extension if there are extenuating circumstances, such as illness.

Also, defendants who do not complete the required Level I or Level II program may be unable to get their driver’s license reinstated. And there is no guarantee defendants will be able to get a probationary license to drive with in the meantime.⁷

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