Alcohol Treatment Requirements After a Colorado DUI
Alcohol and drug education or treatment is a common consequence of a Colorado DUI, DWAI, or DUI per se case. Depending on the driver’s blood alcohol concentration (BAC), prior alcohol-related driving history, chemical-test refusal, court sentence, and driver’s-license status, treatment may be required by the criminal court, the Colorado Division of Motor Vehicles (DMV), or both.
Treatment requirements can range from a relatively short educational program to months of structured therapy. In repeat-offender, high-BAC, and chemical-test-refusal cases, completing an approved program can also become essential to restoring driving privileges. Colorado DMV currently recognizes Level I education and Level II education and treatment, with Level II divided into treatment tracks based primarily on BAC and prior alcohol violations.
Denver DUI Alcohol Treatment Lawyer
If you have been charged with DUI or DWAI, it is important to understand exactly which alcohol-treatment requirements may apply to your case. Starting the correct program at the right time can sometimes help demonstrate rehabilitation, satisfy sentencing requirements, and prevent unnecessary delays in driver’s-license reinstatement.
Colorado DUI defense attorney Matthew Martin at The Law Office of Matthew Martin can review your BAC, prior DUI history, DMV status, and court case to determine what treatment may be required and how completing it may affect your sentence.
Call 303.725.0017 today or fill out an online consultation form to schedule a free consultation with The Law Office of Matthew Martin.
Overview of Alcohol Treatment for DUI in Denver, Colorado
- When Is Alcohol Treatment Required After a Colorado DUI?
- Is Alcohol Treatment Part of a DUI Sentence?
- What Is Level I Alcohol Education?
- What Is Level II Alcohol Education and Treatment?
- What Happens During Colorado DUI Alcohol Treatment?
- Can Starting Treatment Early Help a DUI Case?
- Can Completing Treatment Reduce Jail Time?
- How Does Treatment Affect Driver’s-License Reinstatement?
- What Happens If You Miss Alcohol Treatment Classes?
- What Happens If You Do Not Complete Court-Ordered Treatment?
- What Happens If You Do Not Complete DMV-Required Treatment?
- Do You Have to Complete Treatment After a Chemical Test Refusal?
- Do High-BAC DUI Cases Require Treatment?
- Additional Resources
When Is Alcohol Treatment Required After a Colorado DUI?
Alcohol education or treatment can become mandatory in several different ways.
First, a judge may require treatment as part of a DUI or DWAI sentence, probation order, deferred judgment, or plea agreement. Colorado DMV specifically notes that courts may require alcohol classes as a condition of a plea bargain or deferred sentence.
Second, treatment can be required independently by the Colorado DMV as a condition of driver’s-license reinstatement. This is important because a person may have a court sentence that does not require a particular class but still be unable to fully restore driving privileges until the DMV’s requirements have been satisfied.
Level II education and treatment is generally required by the DMV when a driver:
- Has two alcohol violations within five years;
- Has three or more alcohol violations during their lifetime;
- Is revoked for a BAC of 0.15 or higher;
- Has multiple administrative revocations based on BAC tests of 0.08 or higher; or
- Has a driver’s-license revocation for refusing a required chemical test.
A chemical-test refusal is particularly significant. Colorado DMV states that a first refusal results in a one-year revocation and a Persistent Drunk Driver designation, which requires Level II alcohol and drug education and treatment.
Is Alcohol Treatment Part of a DUI Sentence?
Colorado DUI sentencing is designed not only to punish impaired driving but also to address alcohol or drug misuse that may contribute to future offenses. Courts may therefore require an alcohol and drug evaluation and order the defendant to complete the level of education or treatment recommended through the applicable assessment process.
For a first DUI or DWAI, treatment may also affect how certain mandatory sentencing provisions are handled. Depending on the offense and statutory requirements, successful participation in evaluation, education, and treatment can be relevant to whether portions of a jail sentence are suspended or served through an authorized alternative.
Treatment becomes increasingly important in repeat-offender cases. A second, third, or felony DUI is more likely to involve extensive treatment, monitoring, probation conditions, and restrictions on alcohol use.
For felony DUI, Colorado law specifically requires the sentencing court to consider the defendant’s willingness to participate in treatment when deciding whether imprisonment in the Department of Corrections is the most appropriate sentencing option.
What Is Level I Alcohol Education?
Level I is Colorado’s lower-level alcohol and drug education program.
According to the Colorado DMV, Level I consists of 12 hours of alcohol and drug education completed over a minimum of three sessions, unless an alcohol evaluator determines that additional services are appropriate.
Level I is most commonly associated with lower-risk cases. For example, the DMV requires Level I for certain underage drivers whose driving privileges have been revoked for a first alcohol-related violation, although the evaluator may recommend Level II instead depending on the person’s circumstances.
The classes generally focus on alcohol and drug use, impairment, decision-making, the effects of substances on driving, and strategies intended to reduce the risk of future impaired driving.
What Is Level II Alcohol Education and Treatment?
Level II is substantially more intensive than Level I.
Colorado’s Level II program combines 24 hours of alcohol and drug education with a course of treatment. The amount of treatment depends on the driver’s BAC and prior alcohol violations. Colorado currently divides Level II treatment into Tracks A through D.
| Level II Track | General Criteria | Treatment | Education | Approximate Combined Program |
| Track A | BAC below 0.15; no prior qualifying alcohol violations | 42 hours over at least 21 weeks | 24 hours over 12 weeks | About 8 months / 66 hours |
| Track B | BAC 0.15 or higher or refusal; no prior qualifying violations | 52 hours over at least 26 weeks | 24 hours | About 9 months / 76 hours |
| Track C | BAC below 0.15 or refusal; one or more prior qualifying violations | 68 hours over at least 34 weeks | 24 hours | About 11 months / 92 hours |
| Track D | BAC 0.15 or higher or refusal; one or more prior qualifying violations | 86 hours over at least 43 weeks | 24 hours | Approximately 12 months or more / 110 hours |
These are minimum program guidelines; an evaluator or treatment provider may recommend additional services based on individual clinical needs.
Colorado also recognizes more intensive treatment requirements in some cases, including programs involving a minimum of 180 treatment hours over at least 18 months when applicable under the state’s treatment guidelines.
What Happens During Colorado DUI Alcohol Treatment?
Treatment is not simply a traffic-school class. Level II treatment is intended to address patterns of alcohol or drug use and reduce the likelihood of another impaired-driving offense.
Depending on the treatment track and individual evaluation, a program may include:
- Alcohol and drug education;
- Individual or group counseling;
- Discussion of substance-use patterns and triggers;
- Relapse-prevention planning;
- Decision-making and behavioral strategies;
- Evaluation of alcohol and drug use;
- Attendance and participation requirements;
- Abstinence or sobriety expectations; and
- Continuing treatment recommendations.
Treatment must generally be completed through an approved provider. Colorado DMV directs drivers to the Behavioral Health Administration’s provider directory to locate approved DUI/DWAI education and treatment programs.
Can Starting Treatment Early Help a DUI Case?
Voluntarily beginning an appropriate alcohol education or treatment program before sentencing may demonstrate that the defendant is taking the allegations seriously and addressing any substance-use issues identified by an evaluator.
Depending on the case, early treatment can also help a defense attorney present mitigating evidence during plea negotiations or sentencing. For repeat and felony DUI cases, demonstrated participation in treatment may be particularly important because rehabilitation and willingness to participate in treatment can influence how a court evaluates sentencing alternatives.
However, defendants should make sure they enroll in the correct state-approved program. Completing an unrelated private alcohol course does not necessarily satisfy court or DMV requirements.
An attorney can help determine whether early enrollment is appropriate and which program is most likely to count toward the defendant’s eventual obligations.
Can Completing Treatment Reduce Jail Time?
Colorado DUI sentencing statutes contain provisions allowing courts to take treatment participation into account in certain cases. For some first-offense sentencing situations, compliance with alcohol evaluation and required treatment may allow the court to suspend portions of an otherwise applicable jail sentence.
Repeat offenses are more restrictive because Colorado imposes mandatory minimum incarceration for many second and third DUI/DWAI convictions. Treatment generally cannot simply erase a mandatory jail requirement, although it remains an important part of probation and sentencing.
For felony DUI, treatment participation is especially relevant because the court must consider whether community-based alternatives have been exhausted and whether the defendant is willing to participate in treatment before determining that a Department of Corrections sentence is the most suitable option.
How Does Treatment Affect Driver’s-License Reinstatement?
Alcohol treatment can be essential to getting a Colorado driver’s license back.
A person may satisfy all criminal-court requirements and still remain unable to reinstate because the DMV has separate education or treatment requirements.
For drivers who are required to complete Level II treatment, Colorado allows some eligible residents to reinstate while the program is still underway. An approved treatment provider can complete an Affidavit of Enrollment, allowing an otherwise eligible driver to continue and complete Level II as a condition of reinstatement rather than waiting until every treatment session has been finished.
Enrollment is not the same as completion. The driver must continue participating and eventually satisfy the program requirements.
What Happens If You Miss Alcohol Treatment Classes?
Missing a single class does not necessarily produce the same consequence in every case, but repeated absences can create serious problems.
Treatment providers have attendance and participation rules. A missed class may have to be rescheduled, potentially extending the overall completion date. Repeated absences or failure to participate may cause the provider to report that the person has not successfully completed the program.
If treatment is a condition of probation, repeated noncompliance can potentially lead to a probation violation. The court may impose additional conditions, extend supervision, modify the sentence, or, depending on the circumstances and underlying offense, revoke probation and resentence the defendant.
If treatment is required for DMV reinstatement, failure to complete the program can prevent the driver from satisfying reinstatement requirements or maintaining eligibility based on enrollment.
What Happens If You Do Not Complete Court-Ordered Treatment?
Ignoring a court order to complete alcohol treatment can be significantly more serious than simply missing an appointment.
When alcohol education or treatment is a condition of probation, failure to complete it can be alleged as a violation of probation. The defendant may be ordered back to court and required to explain the noncompliance.
Possible consequences can include additional treatment requirements, stricter supervision, increased testing, extended probation, sanctions, or revocation of probation. If probation is revoked, the court may impose another sentence that was legally available for the underlying DUI or DWAI conviction.
The severity of the response can depend on why treatment was not completed. A defendant who experienced a documented medical emergency or promptly transferred to another approved provider may be treated differently from someone who repeatedly refused to attend or was discharged for noncompliance.
What Happens If You Do Not Complete DMV-Required Treatment?
DMV treatment requirements operate separately from probation. If Level I or Level II completion is required to reinstate driving privileges and the driver fails to satisfy the requirement, the DMV may refuse to grant full reinstatement. A driver who used an Affidavit of Enrollment to regain driving privileges before finishing Level II must continue to comply with the program. Enrollment merely permits completion after reinstatement; it does not eliminate the underlying treatment obligation.
A person facing both court and DMV requirements should confirm that the provider reports completion correctly to all necessary agencies.
Do You Have to Complete Treatment After a Chemical Test Refusal?
Colorado considers a person whose license is revoked for refusing a required chemical test to be a Persistent Drunk Driver. The DMV states that this designation requires completion of a Level II Alcohol and Drug Education and Treatment program.
A refusal also generally carries ignition-interlock and other reinstatement requirements in addition to treatment. Importantly, these administrative requirements can apply even if there was no chemical result proving that the driver’s BAC was above 0.08.
Do High-BAC DUI Cases Require Treatment?
A BAC of 0.15 or higher is particularly important. Colorado DMV requires Level II treatment when a driver is revoked for a BAC of at least 0.15, and a BAC at that level generally results in Persistent Drunk Driver treatment and reinstatement consequences.
For a person with no qualifying prior alcohol violations, a BAC of 0.15 or higher typically places the person into at least Track B, which includes 24 hours of Level II education and 52 hours of treatment over at least 26 weeks.
A person with prior violations and a high BAC may fall into the more intensive Track D.
Additional Resources
Colorado DMV – Alcohol and Drug Education Treatment – The Colorado Division of Motor Vehicles provides detailed information about Level I and Level II programs, Tracks A through D, the number of required treatment hours, circumstances requiring Level II treatment, and the Affidavit of Enrollment process.
Colorado DMV – Alcohol DUI and Express Consent – The DMV’s Alcohol DUI page explains how court-ordered alcohol classes differ from treatment required for driver’s-license reinstatement. It also explains that a chemical-test refusal results in Persistent Drunk Driver status and a Level II education and treatment requirement.
Colorado Behavioral Health Administration – Approved DUI Treatment Providers – Colorado requires DUI/DWAI education and treatment to be provided through appropriate approved programs. The DMV directs drivers to the Behavioral Health Administration’s OwnPath directory to locate approved DUI and DWAI treatment providers.
DUI Alcohol Treatment Attorney in Denver
Alcohol treatment can affect several different parts of a Colorado DUI case. It may be required by the judge, imposed as a condition of probation or a negotiated disposition, or required separately by the DMV before the defendant can fully restore driving privileges. In high-BAC, repeat-offender, and chemical-test-refusal cases, those requirements can continue for many months.
Starting the correct treatment program early can sometimes help demonstrate rehabilitation and prevent delays, while failing to complete court-ordered treatment can expose a defendant to probation violations and additional sentencing consequences.
If you have been charged with DUI or DWAI and need to understand what alcohol treatment you may be required to complete, Colorado DUI defense attorney Matthew Martin at The Law Office of Matthew Martin can review your case, explain the court and DMV requirements, and help you avoid unnecessary problems with sentencing or reinstatement.
Call 303.725.0017 today or fill out an online consultation form to schedule a free consultation with The Law Office of Matthew Martin.