Navigating Level 2 Alcohol Education Requirements in Colorado

When facing a DUI (Driving Under the Influence) or DWAI (Driving While Ability Impaired) charge in Colorado, individuals may be mandated by the criminal courts or the Colorado Department of Motor Vehicles (DMV) to participate in DUI classes to regain their driving privileges. Understanding the requirements for Level II Alcohol Education and Therapy is crucial in navigating this process.

Understanding DUI and DWAI Requirements

Knowing what to expect can ease much of the anxiety that comes with receiving court-mandated DUI/DWAI treatment. The Colorado DUI treatment system consists of two parts: Level II alcohol education, followed by therapy. Generally, an alcohol evaluation must be completed through the probation department in the relevant jurisdiction, which will assign a specific "track" (A-D) corresponding to the number of therapy hours required.

Level I vs. Level II Education

It's important to distinguish between Level I and Level II education. Level I education is restricted to minors who receive a DUI charge with a Blood Alcohol Level (BAC) between .02 and .08. 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.

Level II DUI classes, on the other hand, are required for most adult offenders.

Level II Alcohol & Drug Education

Level II Education consists of 24 hours of DUI education over 12 weeks (two-hour sessions). 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.

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The time frame for the Education portion is 24 hours, to be completed in 12 weeks (two-hour sessions). You cannot take education and therapy in the same week, meaning only one two-hour class can be taken per week.

Goals of Level II Education

There are two primary goals for Level II Education:

Reduce recidivism
Prevent relapse

Many offenders do not have a destructive pattern of alcohol use, but many do. Level II providers use assessments, history taking, exercises, and discussions to ascertain if a client is at high risk for substance abuse or dependence. An extremely important goal for providers is to develop a therapeutic relationship with each client, which is based on trust. A good provider will never accuse a client of having a problem but will guide him or her to their own conclusion. And if help is asked for, the provider will be able to respond.

Curriculum and Cognitive-Behavioral Therapy

The curriculum is derived from Dr. Aaron Beck’s Cognitive-Behavioral Therapy model; how we think about situations influences how we feel and act upon those thoughts. The curriculum focuses on a client’s thinking, or cognition. What our attitudes and beliefs are surrounding drinking and driving will offer much insight to whether or not one will be likely to reoffend. The goal of the DUI Education is to align realistic thinking with healthier, more positive-outcome behaviors.

For example, if a client believes he or she can safely drive home after a night of drinking at the bar because the distance home is very short (which is relative), the Level II provider would consider that thinking distorted.

Ripple Effect and Personal Consequences

Throughout the 12 weeks, the ripple effect is also discussed. The personal consequences such as the time spent taking care of the legalities, the financial aspects, effects on employment, the lingering criminal record, and the loss of freedom due to loss of the privilege of driving are all discussed. It’s pointed out that you are not the only person involved in your offense. If you have a significant other and family, it affects them, as well, including financial burdens, inconvenient driving arrangements, and the stress of it all. Beyond that, a person’s drinking and driving affects the community. Numerous drinking and driving offenses have involved negative life-changing consequences, including death, to blameless motorists and pedestrians.

Keys to Success in Level II Education

Success depends on your attitude.

Get it done and over with as positively as possible.
Have an open mind.
Be cooperative.
Have homework assignments complete.
Participate in groups.
Don’t miss groups.
Be on time.
Don’t show up under the influence.

Level II Therapy Tracks

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. Level II education is completed before any Level II therapy tracks are started. If you reoffend, therapy hours will continue to count (and you can complete therapy first), but you MUST redo all 24 hours of education after therapy.

Colorado Level II Therapy Track Guidelines

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.

Therapy Component Focus

In theory, the therapy component examines the reasons behind substance abuse/addiction, co-occurring disorders, establishing a strong peer and family support system, and addressing the impact of substance abuse on others. The therapy component of the treatment is also group-based, however, you’ll find that the topics and issues addressed vary from provider to provider, much more than Level II education.

Read also: Understanding Education Stages

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.

Motor vehicle law is complicated and there are many variables that impact a person's driver's license status and conditions for reinstatement. 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

The Colorado DMV also has a mandatory 2-year ignition interlock requirement in these circumstances. 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.

Additional Considerations

Choosing a Provider

If the Level II provider isn’t doing their job (timely data input, being more condescending than helpful, aloof, etc.) you can change agencies midstream. Probation officers, or any other entity, cannot tell you which agency you MUST go to.

Out-of-State or Non-OBH Licensed Programs

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

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 their 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. OBH contact information is on the form.

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 educate 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.

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