PRIA, Government Policy, Made Personal

(1) Definitions. As used in this section, unless the context otherwise requires:

(a) Alcoholic beverage means a beverage as defined in 23 CFR 1270.3 (a).

(b) Motor vehicle means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways but does not include a vehicle operated exclusively on a rail or rails.

(c) Open alcoholic beverage container means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and:

(I) That is open or has a broken seal; or

(II) The contents of which are partially removed.

(d) Passenger area means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position, including but not limited to the glove compartment.

(2) (a) Except as otherwise permitted in paragraph (b) of this subsection (2), a person while in the passenger area of a motor vehicle that is on a public highway of this state or the right-of-way of a public highway of this state may not knowingly:

(I) Drink an alcoholic beverage; or

(II) Have in his or her possession an open alcoholic beverage container.

(b) The provisions of this subsection (2) shall not apply to:

(I) Passengers, other than the driver or a front seat passenger, located in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation;

(II) The possession by a passenger, other than the driver or a front seat passenger, of an open alcoholic beverage container in the living quarters of a house coach, house trailer, motor home, as defined in section 42-1-102 (57), or trailer coach, as defined in section 42-1-102 (106);

(III) The possession of an open alcoholic beverage container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk; or

(IV) The possession of an open alcoholic beverage container in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk.

(c) A person who violates the provisions of this subsection (2) commits a class A traffic infraction and shall be punished by a fine of fifty dollars and a surcharge of sixteen dollars as provided in section 42-4-1701 (4)(a)(I)(N).

(3) Nothing in this section shall be construed to preempt or limit the authority of any statutory or home rule town, city, or city and county to adopt ordinances that are no less restrictive than the provisions of this section.

Source: L. 2005: Entire section added, p. 1187, � 1, effective July 1. L. 2015: (2)(c) amended, (SB 15-264), ch. 259, p. 969, � 95, effective August 5. L. 2022: (2)(b)(II) amended, (SB 22-212), ch. 421, p. 2987, � 90, effective August 10.

42-4-1305.5. Open marijuana container - motor vehicle - prohibited - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:

(a) Marijuana shall have the same meaning as in section 16 (2)(f) of article XVIII of the state constitution.

(b) Motor vehicle means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways but does not include a vehicle operated exclusively on a rail or rails.

(I) That is open or has a broken seal;

(II) The contents of which are partially removed; and

(III) There is evidence that marijuana has been consumed within the motor vehicle.

(d) Passenger area means the area designed to seat the driver and passengers, including seating behind the driver, while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position, including but not limited to the glove compartment.

(I) Use or consume marijuana; or

(II) Have in his or her possession an open marijuana container.

(b) The provisions of this subsection (2) shall not apply to:

(II) The possession by a passenger, other than the driver or a front seat passenger, of an open marijuana container in the living quarters of a house coach, house trailer, motor home, as defined in section 42-1-102 (57), or trailer coach, as defined in section 42-1-102 (106);

(III) The possession of an open marijuana container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk; or

(IV) The possession of an open marijuana container in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk.

(c) A person who violates the provisions of this subsection (2) commits a class A traffic infraction and shall be punished by a fine of fifty dollars and a surcharge of seven dollars and eighty cents as provided in this section and section 42-4-1701 (4)(a)(I)(N).

Source: L. 2013: Entire section added, (SB 13-283), ch. 332, p. 1896, � 20, effective May 28. L. 2014: (1)(c) amended, (SB 14-129), ch. 387, p. 1937, � 3, effective June 6. L. 2022: (2)(b)(II) amended, (SB 22-212), ch. 421, p. 2987, � 91, effective August 10.

42-4-1306. Colorado task force on drunk and impaired driving - creation - legislative declaration. (1) The general assembly finds and declares that:

(a) Drunk and impaired driving continues to cause needless deaths and injuries, especially among young people;

(b) In 2003, there were over thirty thousand arrests for driving under the influence or driving while ability-impaired;

(c) Although Colorado has taken many measures to reduce the incidents of drunk and impaired driving, the persistent regularity of these incidents continues to be a problem, as evidenced by the case of Sonja Marie Devries who was killed in 2004 by a drunk driver who had been convicted of drunk driving on six previous occasions; and

(d) According to the federal national highway traffic safety administration, other states with a statewide task force on drunk and impaired driving have seen a decrease in incidents of drunk and impaired driving.

(2) There is hereby created the Colorado task force on drunk and impaired driving, referred to in this section as the task force. The task force shall meet regularly to investigate methods of reducing the incidents of drunk and impaired driving and develop recommendations for the state of Colorado regarding the enhancement of government services, education, and intervention to prevent drunk and impaired driving.

(3) (a) The task force shall consist of:

(I) The executive director of the department of transportation or his or her designee who shall also convene the first meeting of the task force;

(II) Three representatives appointed by the executive director of the department of revenue, with the following qualifications:

(A) One representative with expertise in driver's license sanctioning;

(B) One representative with expertise in enforcement of the state's liquor sales laws; and

(III) The state court administrator or his or her designee;

(IV) The chief of the Colorado state patrol or his or her designee;

(V) The state public defender or his or her designee;

(VI) Two representatives appointed by the commissioner of the behavioral health administration in the department of human services with the following qualifications:

(A) One representative with expertise in substance abuse education and treatment for DUI or DWAI offenders; and

(B) One representative with expertise in providing minors, adolescents, and juvenile offenders with substance abuse treatment and related services;

(VII) The director of the division of probation services or his or her designee;

(VIII) The executive director of the department of public health and environment, or his or her designee;

(IX) The following members selected by the member serving pursuant to subsection (3)(a)(I) of this section:

(A) A representative of a statewide association of chiefs of police with experience in making arrests for drunk or impaired driving;

(B) A representative of a statewide organization of county sheriffs with experience in making arrests for drunk or impaired driving;

(D) A representative of a statewide organization of victims of drunk or impaired driving;

(E) A representative of a statewide organization of district attorneys with experience in prosecuting drunk or impaired driving offenses;

(F) A representative of a statewide organization of criminal defense attorneys with experience in defending persons charged with drunk or impaired driving offenses;

(G) A representative of a statewide organization that represents persons who sell alcoholic beverages for consumption on premises;

(G.5) A representative of a statewide organization that represents persons who sell alcoholic beverages for consumption off premises;

(H) A representative of a statewide organization that represents distributors of alcoholic beverages in Colorado;

(I) A manufacturer of alcoholic beverages in Colorado;

(J) A person under twenty-four years of age who is enrolled in a secondary or postsecondary school;

(K) A representative of a statewide organization that represents alcohol and drug addiction counselors;

(L) A representative of a statewide organization that represents persons licensed to sell retail marijuana for consumption off premises;

(M) A community-based representative of the substance use disorder prevention field; and

(N) A representative from the retail or medical marijuana industry who is an owner or manager of a retail dispensary;

(X) The director of the peace officers standards and training board or the director's designee; and

(XI) A researcher who is appointed by a majority of the task force members and who specializes in drunk and impaired driving research.

(b) Members selected pursuant to subparagraph (IX) of paragraph (a) of this subsection (3) shall serve terms of two years but may be selected for additional terms.

(c) Members of the task force shall not be compensated for or reimbursed for their expenses incurred in attending meetings of the task force.

(d) The initial meeting of the task force shall be convened on or before August 1, 2006, by the member serving pursuant to subparagraph (I) of paragraph (a) of this subsection (3). At the first meeting, the task force shall elect a chair and vice-chair from the members serving pursuant to subparagraphs (I) to (VIII) of paragraph (a) of this subsection (3), who shall serve a term of two years but who may be reelected for additional terms.

(e) The task force shall meet not less frequently than bimonthly and may adopt policies and procedures necessary to carry out its duties.

(4) Repealed.

(5) (Deleted by amendment, L. 2011, (SB 11-093), ch. 41, p. 108, � 2, effective March 21, 2011.)

Source: L. 2006: Entire section added, p. 566, � 1, effective April 24. L. 2011: (3) and (5) amended, (SB 11-093), ch. 41, p. 108, � 2, effective March 21. L. 2014: (1)(d), (2), (3)(a)(VI), IP(3)(a)(IX), (3)(a)(IX)(J), and (3)(a)(IX)(K) amended and (3)(a)(IX)(L), (3)(a)(X), and (3)(a)(XI) added, (HB 14-1321), ch. 369, p. 1760, � 1, effective August 6. L. 2016: (1)(d) amended, (SB 16-189), ch. 210, p. 798, � 121, effective June 6. L. 2017: (4) repealed, (SB 17-231), ch. 174, p. 633, � 1, effective August 9. L. 2018: (3)(a)(II), IP(3)(a)(IX), and (3)(a)(IX)(K) amended and (3)(a)(IX)(M) and (3)(a)(IX)(N) added, (HB 18-1362), ch. 311, p. 1872, � 1, effective August 8. L. 2022: IP(3)(a)(VI) amended, (HB 22-1278), ch. 222, p. 1580, � 206, effective July 1.

42-4-1307. Penalties for traffic offenses involving alcohol and drugs - legislative declaration - definitions - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that, for the purposes of sentencing as described in section 18-1-102.5, C.R.S., each sentence for a conviction of a violation of section 42-4-1301 shall include:

(a) A period of imprisonment, which, for a repeat offender, shall include a mandatory minimum period of imprisonment and restrictions on where and how the sentence may be served; and

(b) For a second or subsequent offender, a period of probation. The imposition of a period of probation upon the conviction of a first-time offender shall be subject to the court's discretion as described in paragraph (c) of subsection (3) and paragraph (c) of subsection (4) of this section. The purpose of probation is to help the offender change his or her behavior to reduce the risk of future violations of section 42-4-1301. If a court imposes imprisonment as a penalty for a violation of a condition of his or her probation, the penalty shall constitute a separate period of imprisonment that the offender shall serve in addition to the imprisonment component of his or her original sentence.

(2) Definitions. As used in this section, unless the context otherwise requires:

(a) Approved ignition interlock device has the same meaning as set forth in section 42-2-132.5.

(a.7) Continuous alcohol monitoring means monitoring the alcohol content in a person by using a device or instrument that is attached to the person and designed to automatically test the alcohol content in the person by contact with the person's skin at least once every one-half hour regardless of the person's location, and which detects the presence of alcohol in a person and whether a person attempts to tamper with, obstruct, or remove the device.

(b) Conviction means a verdict of guilty by a judge or jury or a plea of guilty or nolo contendere that is accepted by the court for an offense or adjudication for an offense that would constitute a criminal offense if committed by an adult. Conviction also includes having received a deferred judgment and sentence or deferred adjudication; except that a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence or deferred adjudication.

(c) Driving under the influence or DUI means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

(d) Driving while ability impaired or DWAI means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

(e) UDD shall have the same meaning as provided in section 42-1-102 (109.7).

(3) First offenses - DUI and DUI per se. (a) Except as otherwise provided in subsections (5) and (6) of this section, a person who is convicted of DUI or DUI per se shall be punished by:

(I) Imprisonment in the county jail for at least five days but no more than one year, the minimum period of which shall be mandatory; except that the court may suspend the mandatory minimum period if, as a condition of the suspended sentence, the offender undergoes a presentence or postsentence alcohol and drug evaluation and satisfactorily completes and meets all financial obligations of a level I or level II program as is determined to be appropriate by the alcohol and drug evaluation that is required pursuant to section 42-4-1301.3;

(II) A fine of at least six hundred dollars but no more than one thousand dollars, and the court shall have discretion to suspend the fine; and

(III) At least forty-eight hours but no more than ninety-six hours of useful public service, and the court shall not have discretion to suspend the mandatory minimum period of performance of such service.

(b) Notwithstanding the provisions of subparagraph (I) of paragraph (a) of this subsection (3), and except as described in paragraphs (a) and (b) of subsection (5) and paragraph (a) of subsection (6) of this section, a person who is convicted of DUI or DUI per se when the person's BAC was 0.20 or more at the time of driving or within two hours after driving shall be punished by imprisonment in the county jail for at least ten days but not more than one year; except that the court shall have the discretion to employ the sentencing alternatives described in section 18-1.3-106, C.R.S.

(c) In addition to any penalty described in paragraph (a) of this subsection (3), the court may impose a period of probation that shall not exceed two years, which probation may include any conditions permitted by law.

(4) First offenses - DWAI. (a) Except as otherwise provided in subsections (5) and (6) of this section, a person who is convicted of DWAI shall be punished by:

(I) Imprisonment in the county jail for at least two days but no more than one hundred eighty days, the minimum period of which shall be mandatory; except that the court may suspend the mandatory minimum period if, as a condition of the suspended sentence, the offender undergoes a presentence or postsentence alcohol and drug evaluation and satisfactorily completes and meets all financial obligations of a level I or level II program as is determined to be appropriate by the alcohol and drug evaluation that is required pursuant to section 42-4-1301.3; and

(II) A fine of at least two hundred dollars but no more than five hundred dollars, and the court shall have discretion to suspend the fine; and

(III) At least twenty-four hours but no more than forty-eight hours of useful public service, and the court shall not have discretion to suspend the mandatory minimum period of performance of such service.

(b) Notwithstanding the provisions of subparagraph (I) of paragraph (a) of this subsection (4), and except as described in paragraphs (a) and (b) of subsection (5) and paragraph (a) of subsection (6) of this section, a person who is convicted of DWAI when the person's BAC was 0.20 or more at the time of driving or within two hours after driving shall be punished by imprisonment in the county jail for at least ten days but not more than one year; except that the court shall have the discretion to employ the sentencing alternatives described in section 18-1.3-106, C.R.S.

(c) In addition to any penalty described in paragraph (a) of this subsection (4), the court may impose a period of probation that shall not exceed two years, which probation may include any conditions permitted by law.

(5) Second offenses. (a) Except as otherwise provided in subsection (6) of this section, a person who is convicted of DUI, DUI per se, or DWAI who, at the time of sentencing, has a prior conviction of DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), vehicular assault pursuant to section 18-3-205 (1)(b), aggravated driving with a revoked license pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015, or driving while the person's driver's license was under restraint pursuant to section 42-2-138 (1)(d), shall be punished by:

(I) Imprisonment in the county jail for at least ten consecutive days but no more than one year; except that the court shall have discretion to employ the sentencing alternatives described in section 18-1.3-106. During the mandatory ten-day period of imprisonment, the person is not eligible for deductions of the person's sentence pursuant to section 17-26-109, or for trusty prisoner status pursuant to section 17-26-109 (1)(b); except that the person receives credit for any time that the person served in custody for the violation prior to the person's conviction.

(II) A fine of at least six hundred dollars but no more than one thousand five hundred dollars, and the court shall have discretion to suspend the fine;

(III) At least forty-eight hours but no more than one hundred twenty hours of useful public service, and the court shall not have discretion to suspend the mandatory minimum period of performance of the service; and

(IV) A period of probation of at least two years, which period shall begin immediately upon the commencement of any part of the sentence that is imposed upon the person pursuant to this section, and a suspended sentence of imprisonment in the county jail for one year, as described in subsection (7) of this section; except that the court shall not sentence the defendant to probation if the defendant is sentenced to the department of corrections but shall still sentence the defendant to the provisions of paragraph (b) of subsection (7) of this section. The defendant shall complete all court-ordered programs pursuant to paragraph (b) of subsection (7) of this section before the completion of his or her period of parole.

(b) If a person is convicted of DUI, DUI per se, or DWAI and the violation occurred less than five years after the date of a previous violation for which the person was convicted of DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), C.R.S., vehicular assault pursuant to section 18-3-205 (1)(b), C.R.S., aggravated driving with a revoked license pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015, or driving while the person's driver's license was under restraint pursuant to section 42-2-138 (1)(d), the court does not have discretion to employ any sentencing alternatives described in section 18-1.3-106, C.R.S., during the minimum period of imprisonment described in subparagraph (I) of paragraph (a) of this subsection (5); except that a court may allow the person to participate in a program pursuant to section 18-1.3-106 (1)(a)(II), (1)(a)(IV), or (1)(a)(V), C.R.S., only if the program is available through the county in which the person is imprisoned and only for the purpose of:

(I) Continuing a position of employment that the person held at the time of sentencing for said violation;

(II) Continuing attendance at an educational institution at which the person was enrolled at the time of sentencing for said violation; or

(III) Participating in a court-ordered level II alcohol and drug driving safety education or treatment program, as described in section 42-4-1301.3 (3)(c)(IV).

(6) Third and subsequent offenses. (a) Except as provided in section 42-4-1301 (1)(a), (1)(b), and (2)(a), a person who is convicted of DUI, DUI per se, or DWAI who, at the time of sentencing, has two or more prior convictions of DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), vehicular assault pursuant to section 18-3-205 (1)(b), aggravated driving with a revoked license pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015, or driving while the person's driver's license was under restraint pursuant to section 42-2-138 (1)(d) shall be punished by:

(I) Imprisonment in the county jail for at least sixty consecutive days but no more than one year. During the mandatory sixty-day period of imprisonment, the person is not eligible for deductions of the person's sentence pursuant to section 17-26-109, or for trusty prisoner status pursuant to section 17-26-109 (1)(b); except that a person receives credit for any time that the person served in custody for the violation prior to the person's conviction. During the mandatory period of imprisonment, the court does not have discretion to employ any sentencing alternatives described in section 18-1.3-106; except that the person may participate in a work release program pursuant to section 18-1.3-106 (1)(a)(II), (1)(a)(III), (1)(a)(III.5), (1)(a)(IV), or (1)(a)(V), or community corrections placement pursuant to section 18-1.3-301 (4)(a) or (4)(b), only if the program is available through the county in which the person is imprisoned and only for the purpose of:

(A) Continuing work that the person held at the time of sentencing for said violation;

(B) Continuing attendance at an educational institution at which the person was enrolled at the time of sentencing for said violation; or

(C) Participating in a court-ordered level II alcohol and drug driving safety education or treatment program, as described in section 42-4-1301.3 (3)(c)(IV).

(I.5) In a jurisdiction that does not have a work release program or other reasonable substitution for a work release program, such as an alternative sentence served in community corrections pursuant to the provisions of section 18-1.3-301 (4)(a) or (4)(b), the court may sentence the offender to home detention as provided in section 18-1.3-106 but only if the court finds that an alternative sentence of home detention is necessary to address the individual circumstances of the case and fulfill the statutory purposes of sentencing as provided in section 18-1-102.5, and when a sentence to home detention will not undermine the seriousness of the offense.

(II) A fine of at least six hundred dollars but no more than one thousand five hundred dollars, and the court shall have discretion to suspend the fine;

(IV) A period of probation of at least two years, which period shall begin immediately upon the commencement of any part of the sentence that is imposed upon the person pursuant to this section, and a suspended sentence of imprisonment in the county jail for one year, as described in subsection (7) of this section; except that the court shall not sentence the defendant to probation if the defendant is sentenced to the department of corrections, but shall still sentence the defendant to the provisions of paragraph (b) of subsection (7) of this section. The defendant shall complete all court-ordered programs pursuant to paragraph (b) of subsection (7) of this section before the completion of his or her period of parole.

(b) Repealed.

(c) Notwithstanding any other provision of law, if the defendant satisfies the conditions described in subparagraphs (I) and (II) of this paragraph (c), the court may include as a condition of probation a requirement that the defendant participate in alcohol treatment. If the defendant's assessed treatment need is for residential treatment, the court may make residential alcohol treatment a condition of probation and may place the offender in a community corrections program that can provide the appropriate level of treatment. This paragraph (c) applies only if:

(I) At the time of sentencing, the person has two prior convictions of DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), C.R.S., or vehicular assault pursuant to section 18-3-205 (1)(b), C.R.S.; and

(II) The first of the person's two prior convictions was based on a violation that occurred not more than seven years before the violation for which the person is being sentenced.

(d) Offenders placed in community corrections as an alternative sentence pursuant to the provisions of this section must remain in residential placement for any mandatory time period of their sentence as required by the provisions of this section.

(6.5) Felony offenses. (a) A person who commits a felony DUI, DUI per se, or DWAI offense shall be sentenced in accordance with the provisions of section 18-1.3-401 and this subsection (6.5).

(b) If the court sentences the defendant to a term of probation as provided by section 18-1.3-202, the court shall order as a condition of probation one of the following:

(I) Require the defendant to serve at least ninety days but not more than one hundred eighty days imprisonment in the county jail. During the mandatory ninety-day period of imprisonment, the defendant is not eligible for deductions of his or her sentence pursuant to section 17-26-109 or for trusty prisoner status pursuant to section 17-26-109 (1)(b); except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction. During this mandatory period of imprisonment, the court does not have discretion to employ any sentencing alternatives described in section 18-1.3-106.

(II) Require the defendant to serve at least one hundred twenty days but not more than two years of imprisonment in the county jail through participation in a program pursuant to section 18-1.3-106 (1)(a)(II) or (1)(a)(IV) if the program is available through the county in which the defendant is imprisoned and only for the purposes of continuing a position of employment that the defendant held at the time of sentencing for the violation or for continuing attendance at an educational institution at which the defendant was enrolled at the time of sentencing for the violation. During the mandatory one-hundred-twenty-day period of imprisonment, the defendant is not eligible for deductions of his or her sentence pursuant to section 17-26-109 or for trusty prisoner status pursuant to section 17-26-109 (1)(b); except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction. During this mandatory period of imprisonment, the court does not have discretion to employ any other sentencing alternatives described in section 18-1.3-106; except that a court may grant permission for a defendant to leave the jail to obtain medical treatment, pursuant to section 18-1.3-106 (1)(a)(V).

(c) Additionally, if the court sentences the defendant to a term of probation as provided by section 18-1.3-202, then, as a condition of probation, the court shall:

(I) Require the defendant to complete at least forty-eight hours but not more than one hundred twenty hours of useful public service, which may not be suspended; and

(II) Sentence the defendant in accordance with subsection (7)(b) of this section, including requiring the person to submit to continuous alcohol monitoring for at least ninety days as described in subsection (7)(b)(VI)(B) of this section.

(d) Notwithstanding the provisions of subsection (6.5)(a) of this section, before the imposition of any sentence to the department of corrections for a felony DUI, DUI per se, or DWAI offense, at sentencing or at resentencing after a revocation of probation or a community corrections sentence, the court shall consider all the factors described in subsection (6.5)(e) of this section.

(e) If the court sentences the defendant to the department of corrections for a felony DUI, DUI per se, or DWAI offense, it must determine that incarceration is the most suitable option given the facts and circumstances of the case, including the defendant's willingness to participate in treatment. Additionally, the court shall consider whether all other reasonable and appropriate sanctions and responses to the violation that are available to the court have been exhausted, do not appear likely to be successful if tried, or present an unacceptable risk to public safety.

(6.7) Notwithstanding any other provisions of this section, if a judge finds there are exceptional circumstances which would make incarceration in a jail a substantial and imminent risk to the health or safety of an offender, or, when so advised by the sheriff, to the health, safety, or security of the jail operations or persons in the jail, the court shall make findings on the record of the exceptional circumstances and may employ any alternative sentences, including home detention. If an offender requests the court find exceptional circumstances based on the risk to the offender's health or safety, the offender shall expressly waive any confidentiality as to the medical or other health information that establishes the basis for the exceptional circumstances.

(7) Probation-related penalties. When a person is sentenced to a period of probation pursuant to subsection (5)(a)(IV) or (6)(a)(IV) of this section:

(a) The court shall impose a sentence to one year of imprisonment in the county jail, which sentence shall be suspended, and against which sentence the person shall not receive credit for any period of imprisonment to which he or she is sentenced pursuant to subparagraph (I) of paragraph (a) of subsection (5) of this section or subparagraph (I) of paragraph (a) of subsection (6) of this section;

(b) The court:

(I) Shall include, as a condition of the person's probation, a requirement that the person complete a level II alcohol and drug driving safety education or treatment program, as described in section 42-4-1301.3 (3)(c)(IV), at the person's own expense;

(II) May impose an additional period of probation for the purpose of monitoring the person or ensuring that the person continues to receive court-ordered alcohol or substance abuse treatment, which additional period shall not exceed two years;

(III) May require that the person commence the alcohol and drug driving safety education or treatment program described in subparagraph (I) of this paragraph (b) during any period of imprisonment to which the person is sentenced;

(IV) May require the person to appear before the court at any time during the person's period of probation;

(V) May require the person to use an approved ignition interlock device during the period of probation at the person's own expense;

(VI) (A) May require a person sentenced for a second offense pursuant to subsection (5)(a)(IV) of this section to submit to continuous alcohol monitoring using technology or devices available to the court for that purpose; except that the court shall not require continuous alcohol monitoring if the court finds that requiring monitoring is not in the best interests of justice, and the court enters that finding in the record, or if the person's residence is in an area where the person cannot reasonably acquire a continuous alcohol monitoring device; and

(B) Shall require a person sentenced for a third or subsequent offense pursuant to subsection (6)(a)(IV) of this section to submit to continuous alcohol monitoring for at least ninety days using technology or devices available to the court for that purpose; except that the court shall not require continuous alcohol monitoring if the court finds that requiring monitoring is not in the best interests of justice, and the court enters that finding in the record, or if the person's residence is in an area where the person cannot reasonably acquire a continuous alcohol monitoring device; and

(VII) May impose such additional conditions of probation as may be permitted by law.

(c) (I) The court may impose all or part of the suspended sentence described in subparagraph (IV) of paragraph (a) of subsection (5) of this section or subparagraph (IV) of paragraph (a) of subsection (6) of this section at any time during the period of probation if the person violates a condition of his or her probation. During the period of imprisonment, the person shall continue serving the probation sentence with no reduction in time for the sentence to probation. A cumulative period of imprisonment imposed pursuant to this paragraph (c) shall not exceed one year. In imposing a sentence of imprisonment pursuant to paragraph (a) of this subsection (7), the court shall consider the nature of the violation, the report or testimony of the probation department, the impact on public safety, the progress of the person in any court-ordered alcohol and drug driving safety education or treatment program, and any other information that may assist the court in promoting the person's compliance with the conditions of his or her probation.

(II) Any imprisonment imposed upon a person by the court pursuant to paragraph (a) of this subsection (7) must be imposed in a manner that promotes the person's compliance with the conditions of his or her probation and not merely as a punitive measure.

(d) The prosecution, the person, the person's counsel, or the person's probation officer may petition the court at any time for an early termination of the period of probation, which the court may grant upon a finding of the court that:

(I) The person has successfully completed a level II alcohol and drug driving safety education or treatment program pursuant to subparagraph (I) of paragraph (b) of this subsection (7);

(II) The person has otherwise complied with the terms and conditions of his or her probation; and

(III) Early termination of the period of probation will not endanger public safety.

(8) Ignition interlock devices. In sentencing a person pursuant to this section, courts are encouraged to require the person to use an approved ignition interlock device as a condition of bond, probation, and participation in programs pursuant to section 18-1.3-106, C.R.S.

(9) Previous convictions. (a) For the purposes of subsections (5) and (6) of this section, a person is deemed to have a previous conviction for DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), C.R.S., vehicular assault pursuant to section 18-3-205 (1)(b), C.R.S., aggravated driving with a revoked license pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015, or driving while the person's driver's license was under restraint pursuant to section 42-2-138 (1)(d), if the person has been convicted under the laws of this state or under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of an act that, if committed within this state, would constitute the offense of DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), C.R.S., vehicular assault pursuant to section 18-3-205 (1)(b), C.R.S., aggravated driving with a revoked license pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015, or driving while the person's driver's license was under restraint pursuant to section 42-2-138 (1)(d).

(b) (I) For sentencing purposes concerning convictions for second and subsequent offenses, prima facie proof of a person's previous convictions shall be established when:

(A) The prosecuting attorney and the person stipulate to the existence of the prior conviction or convictions;

(B) The prosecuting attorney presents to the court a copy of the person's driving record provided by the department of revenue or by a similar agency in another state, which record contains a reference to the previous conviction or convictions; or

(C) The prosecuting attorney presents an authenticated copy of the record of the previous conviction or judgment from a court of record of this state or from a court of any other state, the United States, or any territory subject to the jurisdiction of the United States.

(II) The court shall not proceed to immediate sentencing if the prosecuting attorney and the person have not stipulated to previous convictions or if the prosecution has requested an opportunity to obtain a driving record or a copy of a court record. The prosecuting attorney shall not be required to plead or prove any previous convictions at trial.

(10) Additional costs and surcharges. In addition to the penalties prescribed in this section:

(a) Persons convicted of DUI, DUI per se, DWAI, and UDD are subject to the costs imposed by section 24-4.1-119 (1)(c), C.R.S., relating to the crime victim compensation fund;

(b) Persons convicted of DUI, DUI per se, and DWAI are subject to a surcharge of at least one hundred dollars but no more than five hundred dollars to fund programs to reduce the number of persistent drunk drivers. The surcharge shall be mandatory, and the court shall not have discretion to suspend or waive the surcharge; except that the court may suspend or waive the surcharge if the court determines that a person is indigent. Moneys collected for the surcharge shall be transmitted to the state treasurer, who shall credit the amount collected to the persistent drunk driver cash fund created in section 42-3-303.

(c) Persons convicted of DUI, DUI per se, DWAI, and UDD are subject to a surcharge of twenty-five dollars to be transmitted to the state treasurer, who shall deposit money collected for the surcharge in the Colorado brain injury trust fund created pursuant to section 26-1-309;

(d) (I) Persons convicted of DUI, DUI per se, and DWAI are subject to a surcharge of at least one dollar but no more than ten dollars for programs to fund efforts to address alcohol and substance abuse problems among persons in rural areas. The surcharge shall be mandatory, and the court shall not have discretion to suspend or waive the surcharge; except that the court may suspend or waive the surcharge if the court determines that a person is indigent. Any moneys collected for the surcharge shall be transmitted to the state treasurer, who shall credit the same to the rural alcohol and substance abuse cash fund created in section 27-80-117 (3), C.R.S.

(II) This subsection (10)(d) is repealed, effective September 1, 2030, unless the general assembly extends the repeal of the rural alcohol and substance abuse prevention and treatment program created in section 27-80-117.

(e) Persons convicted of DUI, DUI per se, DWAI, vehicular assault as described in section 18-3-205 (1)(b), or vehicular homicide as described in section 18-3-106 (1)(b) shall pay a data-analysis surcharge of two dollars to be transmitted to the state treasurer, who shall deposit money collected for the surcharge in the substance-affected driving data-analysis cash fund created in section 24-33.5-520. Except in the case of an indigent defendant, the court has no discretion to waive this surcharge.

(10.5) The costs and surcharges described in subsection (10) of this section do not apply to a person under the jurisdiction of the juvenile court, as defined in section 19-1-103, or the person's parent, guardian, or legal custodian.

(11) Restitution. As a condition of any sentence imposed pursuant to this section, the sentenced person shall be required to make restitution in accordance with the provisions of section 18-1.3-205, C.R.S.

(12) Victim impact panels. (a) In addition to any other penalty provided by law, the court may sentence a person convicted of DUI, DUI per se, DWAI, or UDD to attend in person and pay for one appearance at a victim impact panel approved by the court, for which the fee assessed to the person shall not exceed fifty dollars.

(b) On July 1, 2017, and on each July 1 thereafter, the maximum fee established in paragraph (a) of this subsection (12) is adjusted by the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index.

(13) Alcohol and drug evaluation and supervision costs. (a) In addition to any fines, fees, or costs levied against a person convicted of DUI, DUI per se, DWAI, or UDD, the judge shall assess each such person for the cost of the presentence or postsentence alcohol and drug evaluation and supervision services.

(b) A person required to submit to continuous alcohol monitoring shall pay the costs of monitoring unless the court determines that the person is unable to pay the costs. If the court determines that the person is unable to pay the costs of continuous alcohol monitoring, the judicial district's probation department shall pay the costs of monitoring. The court shall presume that a person represented by court-appointed counsel is unable to pay for monitoring services.

(14) Public service penalty. In addition to any other penalties prescribed in this part 13, the court shall assess an amount, not to exceed one hundred twenty dollars, upon a person required to perform useful public service.

(15) If a defendant is convicted of aggravated driving with a revoked license based upon the commission of DUI, DUI per se, or DWAI pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015:

(a) The court shall convict and sentence the offender for each offense separately;

(b) The court shall impose all of the penalties for the alcohol-related driving offense, as such penalties are described in this section;

(d) Any probation imposed for a conviction under section 42-2-206 may run concurrently with any probation required by this section; and

(e) The department shall reflect both convictions on the defendant's driving record.

Source: L. 2010: Entire section added, (HB 10-1347), ch. 258, p. 1149, � 2, effective July 1. L. 2011: (1)(b), (3)(a)(I), (3)(a)(II), (4)(a)(I), (4)(a)(II), (5)(a)(II), (6)(a)(II), (7)(b)(II), and (11) amended, (HB 11-1268), ch. 267, p. 1218, � 2, effective June 2. L. 2012: (5)(a)(IV) and (6)(a)(IV) amended, (HB 12-1310), ch. 268, p. 1401, � 21, effective June 7; (7)(b)(V) and (8) amended, (HB 12-1168), ch. 278, p. 1484, � 8, effective August 8. L. 2013: IP(3)(a), IP(5)(a), IP(5)(b), IP(6)(a), (9)(a), (10)(a) to (10)(c), (10)(d)(I), (12), and (13) amended, (HB 13-1325), ch. 331, p. 1885, � 15, effective May 28. L. 2015: (2), IP(5)(a), IP(5)(b), IP(6)(a), (7)(a), (7)(b)(V), (7)(c), (8), (9)(a), and IP(15) amended and (6)(c) added, (HB 15-1043), ch. 262, p. 992, � 2, effective August 5. L. 2016: IP(6)(c) amended, (SB 16-189), ch. 210, p. 798, � 122, effective June 6; (12) amended, (HB 16-1017), ch. 41, p. 101, � 1, effective July 1. L. 2017: IP(5)(a), (5)(a)(I), IP(6)(a), and IP(6)(a)(I) amended and (5)(c) and (6)(b) repealed, (HB 17-1015), ch. 71, p. 226, � 11, effective August 9; (6.5) added, (HB 17-1288), ch. 387, p. 2003, � 1, effective August 9; (10)(e) added, (HB 17-1315), ch. 280, p. 1529, � 3, effective August 9. L. 2019: (10)(c) amended, (HB 19-1147), ch. 178, p. 2033, � 15, effective August 2; (10)(d)(II) amended, (SB 19-241), ch. 390, p. 3478, � 59, effective August 2. L. 2021: (10.5) added, (HB 21-1315), ch. 461, p. 3113, � 16, effective July 6; (5)(a)(I), IP(6)(a)(I), (6)(a)(I)(A), (6.5)(b)(I), and (6.5)(b)(II) amended and (6)(a)(I.5), (6)(d), and (6.7) added, (SB 21-271), ch. 462, p. 3306, � 733, effective March 1, 2022. L. 2022: (2)(a.7) added and (6.5)(c)(II), IP(7), (7)(b)(VI), and (13) amended, (SB 22-055), ch. 467, p. 3320, � 2, effective August 10. L. 2025: (10)(d)(II) amended, (SB 25-195), ch. 243, p. 1230, � 4, effective August 6.

Cross references: For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.

42-4-1308. Study of devices capable of assessing drug impairment of motorists - report - definition - repeal. (Repealed)

Source: L. 2022: Entire section added, (HB 22-1321), ch. 458, p. 3264, � 1, effective June 8.

Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 2024. (See L. 2022, p. 3264.)