Court-Ordered DUI Education and Treatment Requirements in Colorado
A conviction for Driving Under the Influence (DUI), Driving While Ability Impaired (DWAI), or Underage Drinking and Driving (UDD) in Colorado triggers mandatory substance abuse intervention. Upon conviction, the sentencing court must order the defendant to undergo a substance abuse evaluation, typically administered by the local probation department.
The court relies on probation to determine the appropriate level of treatment and sobriety monitoring. These determinations are guided by the statutory requirements outlined in § 42-4-1301.3(3)(c)(IV), C.R.S. This statute mandates completion of an approved alcohol or drug safety education or treatment program as a condition of sentencing.
The Role of the Level II Treatment Guideline Table
Probation officers use the Level II Treatment Guideline Table to recommend the appropriate level of care. The table sets minimum standards. Probation officers may recommend additional treatment but cannot reduce the required baseline.
The Office of Behavioral Health (OBH), within the Colorado Department of Human Services, governs licensed DUI treatment providers. Under 2 CCR 502-1, the OBH establishes and enforces rules for Level I and Level II DUI education and therapy programs. These programs constitute the only authorized “alcohol-and-drug safety education or treatment” referenced in Colorado’s DUI sentencing framework.
If a person’s license is revoked by the Colorado Division of Motor Vehicles (DMV) due to a DUI conviction, enrollment and successful completion of DUI education and therapy becomes a prerequisite for license reinstatement. Completion must occur through an OBH-licensed provider using an approved curriculum.
Level I Education
Level I Education consists of 12 instructional hours conducted over a minimum of three days. No more than four hours may occur in one day. This course takes place in a group or classroom format.
Level I is generally required for underage drivers (under 21 years of age) whose license has been revoked. Courts may still order Level II treatment depending on the offense severity. Level I Education is inappropriate for individuals with high blood alcohol concentrations (BAC), prior impaired driving offenses, or chemical test refusals.
Level II Education
Level II Education requires 24 hours of group-based instruction over a minimum of 12 weeks. Class sizes are limited to twelve participants. This level may be ordered alone or in conjunction with Level II Therapy, depending on the evaluation.
Level II Therapy
Level II Therapy entails structured clinical treatment for substance abuse. Therapy is assigned based on prior DUI history, BAC, test refusal, and other clinical indicators.
The following therapy tracks apply under current OBH guidelines:
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Track A: Minimum of 42 hours over 21 weeks. Assigned to first-time offenders with BAC below 0.150.
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Track B: Minimum of 52 hours over 26 weeks. Assigned to first-time offenders with BAC ≥ 0.150 or who refused testing.
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Track C: Minimum of 68 hours over 34 weeks. Assigned to repeat offenders with BAC below 0.150.
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Track D: Minimum of 86 hours over 43 weeks. Assigned to repeat offenders with BAC ≥ 0.150 or who refused testing.
Level II Four Plus Treatment (Track F)
Track F (Level II Four Plus) applies to individuals with a Felony DUI conviction. Treatment spans at least 18 months and includes 180 clinical contact hours. OBH recognizes Level II Four Plus as distinct from traditional therapy but uses the designation “Track F” for probation and DMV tracking purposes.
Compliance and Provider Qualifications
All education and therapy must be completed through an OBH-licensed agency. These agencies must use OBH-approved DUI curricula. Courts and the DMV will not recognize online or out-of-state providers not listed by OBH. Use of unlicensed providers may invalidate treatment, requiring repetition.
Some BHA licensed providers who we refer clients to are:
- Integrity Counseling, (303) 298-1655
- What’s Next Counseling, (720) 692-7918
- New Paradigm Counseling, (720) 733-8886
- Creative Treatment Options, (303) 467-2624
- Turning Point Counseling, (970) 221-0999
- Broadway Counseling Services, (303) 733-8784
- 5280 Human Care Center, (303) 872-0724
DUI Treatment for Out-of-State Clients
OBH regulations require DUI education and therapy to occur in a “face-to-face” format. Virtual platforms like Zoom satisfy this requirement. However, therapists must comply with licensing laws in the state where the client resides.
Because therapy is deemed to occur where the client is located, therapists must hold a valid license—or comparable authorization—in the client’s state. This may include licensure, registration under Colorado’s out-of-state telehealth law (SB24‑141), or participation in a licensing compact such as PSYPACT (for psychologists).
If the provider is not authorized to practice in the client’s state, they may not lawfully deliver services—even if OBH-licensed in Colorado.
Enrolling in DUI Classes: Is It an Admission of Guilt?
Enrollment in DUI education or therapy programs does not constitute an admission of guilt. Clients often ask whether participation in these programs may prejudice their legal defense. The answer is unequivocally no.
Courts and prosecutors cannot use enrollment against a defendant. In fact, proactive engagement in treatment often strengthens a defendant’s position.
Strategic Benefits of Early Enrollment
Plea Negotiations
District Attorneys appreciate when defendants accept responsibility and take action to avoid future offenses. Voluntary enrollment in a certified DUI program may aid defense counsel during plea discussions. Demonstrating accountability can lead to more favorable outcomes.
Participation also allows defense counsel to present tangible evidence of the client’s rehabilitation. This may influence the prosecutor’s approach to charges, sentencing concessions, or other discretionary decisions.
Sentencing Hearings
If a defendant pleads guilty or is convicted at trial, proactive treatment participation may persuade the court to issue a more lenient sentence. Judges often reward defendants who take initiative to address substance use issues and mitigate recidivism risk.
Attendance at a Mothers Against Drunk Driving (MADD) Victim Impact Panel and other voluntary programs can further demonstrate remorse and commitment to reform.
Early Termination of Probation
Completion of DUI classes is a prerequisite to probation compliance. Defendants seeking early termination must complete Level II Education and Therapy. Starting early accelerates progress toward eligibility.
Courts may grant early termination only if the defendant satisfies all conditions of probation. Early enrollment ensures timely completion and supports a favorable evaluation.
Driver’s License Reinstatement
The DMV may require completion of Level II Education and Therapy to reinstate a revoked license. This applies when the revocation is based on:
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A BAC of 0.150 or higher,
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Test refusal,
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Multiple alcohol-related driving offenses.
Enrollment after the date of offense may still count toward credit. The DMV will recognize hours completed through a state-certified provider.
Colorado law mandates that individuals convicted of DUI, DWAI, or UDD complete court-approved education and therapy. The Office of Behavioral Health governs the licensing and regulation of all providers. Treatment recommendations follow a structured framework and cannot fall below statutory minimums.
Proactive participation in DUI treatment programs can significantly benefit the defendant at all stages. It supports mitigation, encourages rehabilitation, and satisfies both legal and administrative requirements. Attorneys should advise clients to consider early enrollment where appropriate, especially when planning for long-term compliance and potential sentencing advantages.