Colorado DUI laws are about to get tougher. In the spring of 2024, additions to the revised statutes create a new DUI offense for refusals, as well as longer interlock restrictions for driver’s license revocations in DUI cases.
Proposed HB24-1135 creates a new crime for a person who does not comply with a warrant to draw their blood following a DUI arrest in Colorado. The penalties for this proposed crime depend on whether the suspect has prior convictions for DUI or DWAI. This means it could be charged as a misdemeanor or a felony if the suspect has three or more prior qualifying convictions (similar to Colorado’s felony DUI law). The bill also creates tiered penalties for misdemeanor, with the same sentence ranges for a first, second, and third DUI/DWAI conviction. While the United States Supreme Court, in Birchfield v. North Dakota, outlawed charging a crime when a person refuses a DUI chemical test without a warrant, this new proposed law only applies once the police obtain a warrant to draw blood.
In addition, the same bill lengthens the ignition interlock requirements in Colorado. Currently, a driver is required to have interlock for 2-years in most situations. This proposal requires interlock-restricted license for any second conviction, 3-years for a third conviction, and 4-years for a fourth conviction. The proposed law does not change Colorado’s habitual traffic offender law as it pertains to DUI cases, which requires interlock restriction for up to 5 years.
If passed, this new law could take effect as early as this summer.
The text of the proposed law as of March 4, 2024 reads as follows:
HB24-1135
Offenses Related to Operating a Vehicle
Concerning offenses related to requirements for operating a vehicle.SESSION:2024 Regular SessionSUBJECTS:Crimes, Corrections, & EnforcementTransportation & Motor VehiclesBILL SUMMARY
Under existing law, it is a class A traffic infraction to operate a commercial motor vehicle without a commercial driver’s license, to operate a commercial motor vehicle if the operator is under 21 years of age, or to drive a commercial motor vehicle if the person has more than one driver’s license. The bill makes each a class 1 misdemeanor; except that, if a person presents a valid commercial driver’s license to the court within 30 days, the offense is a class A traffic infraction.
The bill creates the offense of unlawful direction to operate a commercial motor vehicle. An employer who knowingly authorizes or permits an employee to operate a commercial motor vehicle without a commercial driver’s license, or permits an employee who is under 21 years of age to operate a commercial motor vehicle, commits unlawful direction to operate a commercial motor vehicle, a class 1 misdemeanor traffic offense.
The bill requires a driver to comply with a search warrant to conduct a blood draw. Failure to comply with a warrant to conduct a blood draw is a misdemeanor; except that it is a class 4 felony if the violation occurred after 3 or more prior convictions, arising out of separate and distinct criminal episodes, for driving under the influence (DUI), DUI per se, or driving while ability impaired (collectively, impaired driving offenses); vehicular homicide; vehicular assault; or any combination thereof. A driver who fails to comply with a warrant to conduct a blood draw is subject to the same criminal penalties as for DUI.
Under existing law, a person whose privilege to drive was revoked for multiple convictions for any combination of impaired driving offenses must have an interlock-restricted license for 2 to 5 years. The bill requires a person whose privilege to drive was revoked following a conviction for a DUI or DUI per se to hold an interlock-restricted license for at least:
- 2 years, if the DUI or DUI per se conviction is a second conviction for any combination of impaired driving offenses;
- 3 years, if the DUI or DUI per se conviction is a third conviction for any combination of impaired driving offenses; and
- 4 years, if the DUI or DUI per se conviction is a fourth conviction for any combination of impaired driving offenses.
Under existing law, a persistent drunk driver is required to hold the interlock-restricted license for at least 2 years following reinstatement. The bill requires a persistent drunk driver to hold an interlock-restricted license for at least 3 years following a second violation for refusal to take or complete a test for the purpose of determining the alcoholic content of the driver’s blood or breath upon a law enforcement officer’s request.