As discussed in our previous blog post on Alcohol and Drug Classes, the requirement that you attend a certain amount of alcohol and drug education and treatment programs is one potential consequence if you are convicted of driving under the influence of drugs or alcohol (DUI) in the state of Colorado. A court can, or in some cases, is required to order you to attend Level I or Level II education/treatment courses, depending on the facts and circumstances surrounding your DUI offense and your previous history of alcohol violations. These courses may be different than what is required to have your driver’s license reinstated.
When You Are Required to Complete a Level II Education and Treatment Program
In some cases, you are required to complete a Level II education and treatment course under Colorado Revised Statute (CRS) 42-2-132. This extended education and treatment is required when one of the following situations occurs:
- You are convicted of two alcohol violations within a five-year period.
- You are convicted of three or more alcohol violations in your lifetime.
- Your license is revoked for having a blood alcohol content (BAC) of .15% or more.
- Your license is revoked for having multiple tests showing a BAC of .08% or more.
- Your license is revoked for refusing to take a BAC test as requested.
- You are convicted of an alcohol violation prior to the age of 21 and an alcohol or drug evaluator recommends that you complete a Level II education and/or treatment program.
Completing an Affidavit of Enrollment to Restore Your Driving Privileges
Nonetheless, you may be able to have your license reinstated before you attend and complete a Level II course for reinstatement by completing an Affidavit of Enrollment (DR 2643), which is a form provided by the Colorado Department of Revenue, Division of Motor Vehicles, Driver Control Section (DMV). If you are a Colorado resident and enroll in a Level II course that is offered by a treatment agency that is certified by the Office of Behavioral Health (OBH) of the Colorado Department of Human Services, then you can have the agency complete an Affidavit of Enrollment. This will allow you to attend and complete the Level II course after your driving privileges have been reinstated.
Failing to Complete the Level II Education and Treatment Program
It is important to keep in mind, however, that you completing the Level II program still remains a condition of your reinstatement. If you don’t complete the program, then you could lose your license again. More specifically, if the DMV receives notice that you were non-compliant with the Level II program, you will receive a “Cancel and Deny” notice at your last known address on record with the DMV, and you no longer will have driving privileges. The only way to overcome this situation is to provide the DMV with proof that there was no lapse in your enrollment in the treatment program through a renewed Affidavit of Enrollment, or that you have completed a certified Level II program elsewhere. Once the Cancel and Deny notice becomes effective, you can no longer use an Affidavit of Enrollment.
Contact a Denver DUI Lawyer Today for Assistance
When you are convicted of DUI, the revocation of your driving privileges and the required completion of an alcohol and drug education and treatment course are only a few of the many possible negative consequences. As a result, anyone who is accused of driving under the influence of alcohol or drugs should contact the Tiftickjian Law Firm as quickly as possible following the incident to schedule a free consultation with a DUI defense attorney. Call our office today at (303) DUI-5280 or use our online contact form to speak with us and schedule your consultation.