HOUSE BILL 971301
BY REPRESENTATIVES Tucker, K. Alexander, Allen, Arrington, Dean, Dyer, Epps, Faatz, George, Gotlieb, Hagedorn, June, S. Johnson, Kaufman, Kreutz, Lamborn, Lawrence, Leyba, May, McPherson, Morrison, Musgrave, Pankey, Paschall, Reeser, Schwarz, Swenson, Tool, S. Williams, Chavez, Clarke, Mace, Nichol, Tool, and T. Williams;
also SENATORS Schroeder, B. Alexander, Hopper,
J. Johnson, Perlmutter, Arnold, Congrove, and Tebedo.
CONCERNING UNDERAGE PERSONS DRIVING WITH ALCOHOL
CONTENT, AND, IN CONNECTION THEREWITH, MAKING DRIVING A MOTOR
VEHICLE BY A PERSON UNDER TWENTYONE YEARS OF AGE WHILE HAVING
A BLOOD OR BREATH ALCOHOL CONTENT OF AT LEAST 0.02 BUT LESS THAN
0.05 A TRAFFIC INFRACTION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 422121,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
422121. Records to be kept
by the department admission of records in court.
(5) (a) UPON APPLICATION BY A PERSON, THE DEPARTMENT
SHALL EXPUNGE ALL RECORDS CONCERNING A CONVICTION OF A PERSON
FOR DRIVING ANY VEHICLE IN THIS STATE WITH AN ALCOHOL LEVEL OF
AT LEAST 0.02 BUT LESS THAN 0.05 GRAMS OF ALCOHOL PER HUNDRED
MILLILITERS OF BLOOD OR AT LEAST 0.02 BUT LESS THAN 0.05 GRAMS
OF ALCOHOL PER TWO HUNDRED TEN LITERS OF BREATH WHILE UNDER TWENTYONE
YEARS OF AGE PURSUANT TO SECTION 4241301 (2) (a.5)
AND ANY RECORDS CONCERNING AN ADMINISTRATIVE DETERMINATION RESULTING
IN A REVOCATION UNDER SECTION 422126 (2) (a) (I.5)
OR (2) (a) (IV) IF:
(I) SUCH PERSON PRESENTS A REQUEST FOR
EXPUNGEMENT TO THE DEPARTMENT AND PROVIDES ALL INFORMATION REQUIRED
BY THE DEPARTMENT TO PROCESS SUCH REQUEST;
(II) SUCH PERSON IS OVER TWENTYONE
YEARS OF AGE AND ANY DEPARTMENT ACTION REGARDING THE OFFENSE OR
ADMINISTRATIVE DETERMINATION HAS BEEN CONCLUDED;
(III) THE PERSON HAS NOT BEEN CONVICTED
FOR ANY OTHER OFFENSE UNDER SECTION 4241301 THAT WAS
COMMITTED WHILE SUCH PERSON WAS UNDER TWENTYONE YEARS OF
AGE AND IS NOT SUBJECT TO ANY OTHER ADMINISTRATIVE DETERMINATION
RESULTING IN A REVOCATION UNDER SECTION 422126 (2)
(a) (I.5) OR (2) (a) (IV) FOR ANY OTHER OCCURRENCE WHILE SUCH
PERSON WAS UNDER TWENTYONE YEARS OF AGE; AND
(IV) SUCH PERSON PAYS THE FINE AND SURCHARGE
FOR SUCH CONVICTION AND COMPLETES ANY OTHER REQUIREMENTS OF THE
COURT WITH REGARD TO SUCH CONVICTION, INCLUDING, BUT NOT LIMITED
TO, ANY ORDER TO PAY RESTITUTION TO ANY PARTY.
(b) UPON RECEIVING A REQUEST FOR EXPUNGEMENT,
THE DEPARTMENT MAY DELAY CONSIDERATION OF SUCH REQUEST UNTIL SUFFICIENT
TIME HAS ELAPSED TO ENSURE THAT THE PERSON IS NOT CONVICTED FOR
ANY ADDITIONAL OFFENSE UNDER SECTION 4241301 COMMITTED
WHILE THE PERSON WAS UNDER TWENTYONE YEARS OF AGE AND THAT
THERE IS NO ADDITIONAL ADMINISTRATIVE DETERMINATION RESULTING
IN A REVOCATION UNDER SECTION 422126 (2) (a) (I.5)
OR (2) (a) (IV) FOR ACTIONS TAKEN WHILE THE PERSON WAS UNDER TWENTYONE
YEARS OF AGE.
SECTION 2. 422125
(1), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
422125. Mandatory revocation
of license and permit. (1) The
department shall immediately revoke the license or permit of any
driver, minor driver, or provisional driver upon receiving a record
showing that such driver has:
(g.5) IN THE CASE OF A MINOR OR PROVISIONAL
DRIVER, BEEN CONVICTED OF AN OFFENSE UNDER SECTION 4241301
(2) (a.5) COMMITTED WHEN SUCH DRIVER WAS UNDER TWENTYONE
YEARS OF AGE;
SECTION 3. 422125
(1) (g) and (1) (i), Colorado Revised Statutes, 1993 Repl. Vol.,
as amended, are amended, and the said 422125 is further
amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
422125. Mandatory revocation
of license and permit. (1) The
department shall immediately revoke the license or permit of any
driver, minor driver, or provisional driver upon receiving a record
showing that such driver has:
(g) (I) IN THE CASE OF AN ADULT DRIVER,
been twice convicted of any offense provided for in section 4241301
(1) or (2)
(2) (a) for acts committed within a period of five years; except
that, in the case of a minor driver, said revocation shall occur
after the first conviction;
(II) IN THE CASE OF A MINOR DRIVER OR
A PROVISIONAL DRIVER, BEEN CONVICTED OF ONE OR TWO OFFENSES UNDER
SECTION 4241301 (1) OR (2) (a) COMMITTED WHILE SUCH
DRIVER WAS UNDER TWENTYONE YEARS OF AGE;
(i) Been convicted of any offense provided
for in section 4241301 (1) or (2)
(2) (a) and has two previous convictions of any of such offenses.
The license of any driver shall be revoked for an indefinite period
and shall only be reissued upon proof to the department that said
driver has completed a level II alcohol and drug education and
treatment program certified by the division of alcohol and drug
abuse pursuant to section 4241301 (10) and that said
driver has demonstrated knowledge of the laws and driving ability
through the regular motor vehicle testing process. In no event
shall such license be reissued in less than two years.
(2.5) THE PERIOD OF REVOCATION UNDER PARAGRAPH
(g.5) OF SUBSECTION (1) OF THIS SECTION FOR A PERSON WHO IS LESS
THAN TWENTYONE YEARS OF AGE AT THE TIME OF THE OFFENSE AND
WHO IS CONVICTED OF DRIVING WITH AN ALCOHOL CONTENT OF AT LEAST
0.02 BUT LESS THAN 0.05 UNDER SECTION 4241301 (2)
(a.5) IS AS FOLLOWS:
(a) EXCEPT AS PROVIDED IN SUBSECTION (2.7)
OF THIS SECTION, THREE MONTHS FOR A FIRST OFFENSE;
(b) SIX MONTHS FOR A SECOND OFFENSE;
(c) ONE YEAR FOR A THIRD OR SUBSEQUENT
OFFENSE.
(2.7) (a) A PERSON WHOSE LICENSE
IS REVOKED FOR A FIRST OFFENSE UNDER PARAGRAPH (g.5) OF SUBSECTION
(1) OF THIS SECTION MAY REQUEST THAT, IN LIEU OF THE THREEMONTH
REVOCATION, THE PERSON'S LICENSE BE REVOKED FOR A PERIOD OF NOT
LESS THAN THIRTY DAYS, TO BE FOLLOWED BY A SUSPENSION PERIOD OF
SUCH LENGTH THAT THE TOTAL PERIOD OF REVOCATION AND SUSPENSION
EQUALS THREE MONTHS. IF THE HEARING OFFICER APPROVES SUCH REQUEST,
THE HEARING OFFICER MAY GRANT SUCH PERSON A PROBATIONARY LICENSE
THAT MAY BE USED ONLY FOR THE REASONS PROVIDED IN SECTION 422127
(14) (a).
(b) THE HEARING TO CONSIDER A REQUEST
UNDER PARAGRAPH (a) OF THIS SUBSECTION (2.7) MAY BE HELD AT THE
SAME TIME AS THE HEARING HELD UNDER SUBSECTION (4) OF THIS SECTION;
EXCEPT THAT, A PROBATIONARY LICENSE MAY NOT BECOME EFFECTIVE UNTIL
AT LEAST THIRTY DAYS HAVE ELAPSED SINCE THE BEGINNING OF THE REVOCATION
PERIOD.
SECTION 4. 422126
(2) (a) (I), (2) (a) (III), (3) (b), (5) (a), (6) (c) (I), (7)
(a) (I), (9) (c) (I), and (9) (c) (III), Colorado Revised Statutes,
1993 Repl. Vol., as amended, are amended, and the said 422126
(2) (a) is further amended BY THE ADDITION OF THE FOLLOWING NEW
SUBPARAGRAPHS, to read:
422126. Revocation of license
based on administrative determination.
(2) (a) The department shall revoke the license
of any person upon its determination that the person:
(I) Drove a vehicle in this state when
the amount of alcohol, as shown by analysis of the person's blood
or breath, in such person's blood was 0.10 or more grams of alcohol
per ONE hundred milliliters of blood or 0.10 or more grams of
alcohol per two hundred ten liters of breath at the time of driving
or within two hours after driving. If the preponderance of the
evidence establishes that such person consumed alcohol between
the time that the person stopped driving and the time of testing,
the preponderance of the evidence must also establish that the
minimum 0.10 blood or breath alcohol content was reached as a
result of alcohol consumed before the person stopped driving.
(I.5) DROVE A VEHICLE IN THIS STATE WHEN
SUCH PERSON WAS UNDER TWENTYONE YEARS OF AGE AND WHEN THE
AMOUNT OF ALCOHOL, AS SHOWN BY ANALYSIS OF THE PERSON'S BLOOD
OR BREATH, IN SUCH PERSON'S BLOOD WAS AT LEAST 0.02 BUT LESS THAN
0.10 GRAMS OF ALCOHOL PER ONE HUNDRED MILLILITERS OF BLOOD OR
AT LEAST 0.02 BUT LESS THAN 0.10 GRAMS OF ALCOHOL PER TWO HUNDRED
TEN LITERS OF BREATH AT THE TIME OF DRIVING OR WITHIN TWO HOURS
AFTER DRIVING. IF THE PREPONDERANCE OF THE EVIDENCE ESTABLISHES
THAT SUCH PERSON CONSUMED ALCOHOL BETWEEN THE TIME THAT THE PERSON
STOPPED DRIVING AND THE TIME OF TESTING, THE PREPONDERANCE OF
THE EVIDENCE MUST ALSO ESTABLISH THAT THE MINIMUM 0.02 BLOOD OR
BREATH ALCOHOL CONTENT WAS REACHED AS A RESULT OF ALCOHOL CONSUMED
BEFORE THE PERSON STOPPED DRIVING.
(III) Drove a commercial motor vehicle
in this state when the amount of alcohol, as shown by analysis
of such person's blood or breath, in such person's blood was 0.04
or more grams of alcohol per ONE hundred milliliters of blood
or 0.04 OR MORE grams of alcohol per two hundred ten liters of
breath at the time of driving or any time thereafter; OR
(IV) DROVE A COMMERCIAL MOTOR VEHICLE
IN THIS STATE WHEN SUCH PERSON WAS UNDER TWENTYONE YEARS
OF AGE AND WHEN THE AMOUNT OF ALCOHOL, AS SHOWN BY ANALYSIS OF
SUCH PERSON'S BLOOD OR BREATH, IN SUCH PERSON'S BLOOD WAS AT LEAST
0.02 BUT LESS THAN 0.04 GRAMS OF ALCOHOL PER ONE HUNDRED MILLILITERS
OF BLOOD OR AT LEAST 0.02 BUT LESS THAN 0.04 GRAMS OF ALCOHOL
PER TWO HUNDRED TEN LITERS OF BREATH AT THE TIME OF DRIVING OR
ANY TIME THEREAFTER.
(3) (b) A law enforcement officer
who has probable cause to believe that a person was driving a
commercial motor vehicle with a blood alcohol concentration of
0.04 or more IF THE PERSON WAS TWENTYONE YEARS OF AGE OR
OLDER OR 0.02 OR MORE IF THE PERSON WAS UNDER TWENTYONE
YEARS OF AGE shall forward to the department a verified report
of all information relevant to the enforcement action, including
information which
THAT adequately identifies the person, a statement of the officer's
probable cause for belief that the person committed such violation,
a report of the results of any tests which
THAT were conducted, and a copy of the citation and complaint,
if any, filed with the court.
(5) (a) Whenever a law enforcement
officer requests a person to take any test or tests as required
by section 4241301 (7) and such person refuses to
take or to complete or to cooperate in the completing of such
test or tests or whenever such test results are available to the
law enforcement officer and such tests show an alcohol concentration
of 0.10 or more grams of alcohol per one hundred milliliters of
blood as shown by analysis of such person's blood or 0.10 or more
grams of alcohol per two hundred ten liters of breath as shown
by analysis of such person's breath IF THE PERSON IS TWENTYONE
YEARS OF AGE OR OLDER OR 0.02 OR MORE GRAMS OF ALCOHOL PER ONE
HUNDRED MILLILITERS OF BLOOD AS SHOWN BY ANALYSIS OF SUCH PERSON'S
BLOOD OR 0.02 OR MORE GRAMS OF ALCOHOL PER TWO HUNDRED TEN LITERS
OF BREATH AS SHOWN BY ANALYSIS OF SUCH PERSON'S BREATH IF THE
PERSON IS UNDER TWENTYONE YEARS OF AGE and when the person
who is tested or who refuses to take or to complete or to cooperate
in the completing of any test or tests is still available to the
law enforcement officer, the officer, acting on behalf of the
department, shall serve the notice of revocation personally on
such person.
(6) (c) (I) Where a license
is revoked under subparagraph (I), or
(I.5), (III), OR (IV) of paragraph (a) of subsection (2) of this
section and the person is also convicted on criminal charges arising
out of the same occurrence for a violation of section 4241301
(1) (a) or (2), both the revocation under this section and any
suspension, revocation, cancellation, or denial which results
from such conviction shall be imposed, but the periods shall run
concurrently, and the total period of revocation, suspension,
cancellation, or denial shall not exceed the longer of the two
periods.
(7) (a) The periods of revocation
specified by subsection (6) of this section are intended to be
minimum periods of revocation for the described conduct. No license
shall be restored under any circumstances, and no probationary
license shall be issued during the revocation period; except that:
(I) A person whose privilege to drive
a commercial motor vehicle has been revoked because the person
drove a commercial motor vehicle when the person's blood alcohol
content was 0.04 or greater, but less than 0.10, grams of alcohol
per ONE hundred milliliters of blood or per two hundred ten liters
of breath AND WHO WAS TWENTYONE YEARS OF AGE OR OLDER AT
THE TIME OF THE OFFENSE may apply for a driver's license of another
class or type as long as there is no other statutory reason to
deny the person a license. Such person may not operate any commercial
motor vehicle during the period of revocation of such person's
privilege to operate commercial motor vehicles. The department
may not issue such person a probationary license that would authorize
such person to operate any commercial motor vehicle.
(9) (c) (I) Where a license
is revoked under subparagraph (I) OR (I.5) of paragraph (a) of
subsection (2) of this section, the sole issue at the hearing
shall be whether, by a preponderance of the evidence, the person
drove a vehicle in this state when the amount of alcohol, as shown
by analysis of the person's blood or breath, in such person's
blood was 0.10 or more grams of alcohol per ONE hundred milliliters
of blood or 0.10 or more grams of alcohol per two hundred ten
liters of breath at the time of driving or within two hours after
driving IF THE PERSON WAS TWENTYONE YEARS OF AGE OR OLDER
AT THE TIME OF DRIVING THE VEHICLE OR 0.02 OR MORE GRAMS OF ALCOHOL
PER ONE HUNDRED MILLILITERS OF BLOOD OR 0.02 OR MORE GRAMS OF
ALCOHOL PER TWO HUNDRED TEN LITERS OF BREATH AT THE TIME OF DRIVING
OR WITHIN TWO HOURS AFTER DRIVING IF THE PERSON WAS UNDER TWENTYONE
YEARS OF AGE AT THE TIME OF DRIVING THE VEHICLE. If the preponderance
of the evidence establishes that such person consumed alcohol
between the time that the person stopped driving and the time
that testing occurred, the preponderance of the evidence must
also establish that the minimum 0.10 blood or breath alcohol content
required in subparagraph (I) of paragraph (a) of subsection (2)
of this section OR THE MINIMUM 0.02 BLOOD OR BREATH ALCOHOL CONTENT
REQUIRED IN SUBPARAGRAPH (I.5) OF PARAGRAPH (a) OF SUBSECTION
(2) OF THIS SECTION was reached as a result of alcohol consumed
before the person stopped driving; or, where a license is revoked
under subparagraph (II) of paragraph (a) of subsection (2) of
this section, whether the person refused to take or to complete
or to cooperate in the completing of any test or tests of the
person's blood, breath, saliva, or urine as required by section
4241301 (7). If the presiding hearing officer finds
the affirmative of the issue, the revocation order shall be sustained.
If the presiding hearing officer finds the negative of the issue,
the revocation order shall be rescinded.
(III) Where a license is revoked under
subparagraph (III) OR SUBPARAGRAPH (IV) of paragraph (a) of subsection
(2) of this section, the sole issue at the hearing shall be whether,
by a preponderance of the evidence, the person drove a commercial
motor vehicle in this state when the amount of alcohol, as shown
by analysis of the person's blood or breath, in such person's
blood was 0.04 or more grams of alcohol per ONE hundred milliliters
of blood or 0.04 or more grams of alcohol per two hundred ten
liters of breath at the time of driving or anytime thereafter
FOR A PERSON TWENTYONE YEARS OF AGE OR OLDER OR 0.02 OR
MORE GRAMS OF ALCOHOL PER ONE HUNDRED MILLILITERS OF BLOOD OR
0.02 OR MORE GRAMS OF ALCOHOL PER TWO HUNDRED TEN LITERS OF BREATH
AT THE TIME OF DRIVING OR ANYTIME THEREAFTER FOR A PERSON UNDER
TWENTYONE YEARS OF AGE if the preponderance of the evidence
establishes that such person did not consume any alcohol between
the time of driving and the time of testing. If the presiding
hearing officer finds the affirmative of the issue, the revocation
order shall be sustained. If the presiding hearing officer finds
the negative of the issue, the revocation order shall be rescinded.
SECTION 5. 422126
(6) (b), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
is amended BY THE ADDITION OF THE FOLLOWING NEW SUBPARAGRAPHS
to read:
422126. Revocation of license
based on administrative determination.
(6) (b) (II.5) THE PERIOD OF LICENSE REVOCATION
UNDER SUBPARAGRAPH (I.5) OF PARAGRAPH (a) OF SUBSECTION (2) OF
THIS SECTION SHALL BE:
(A) EXCEPT AS PROVIDED IN SUBPARAGRAPH
(IX) OF THIS PARAGRAPH (b), THREE MONTHS FOR A FIRST VIOLATION;
(B) SIX MONTHS FOR A SECOND VIOLATION;
AND
(C) ONE YEAR FOR A THIRD OR SUBSEQUENT
VIOLATION.
(VIII) THE PERIOD OF LICENSE REVOCATION
FOR A VIOLATION UNDER SUBPARAGRAPH (IV) OF PARAGRAPH (a) OF SUBSECTION
(2) SHALL BE:
(A) EXCEPT AS PROVIDED IN SUBPARAGRAPH
(IX) OF THIS PARAGRAPH (b), THREE MONTHS FOR A FIRST VIOLATION;
(B) SIX MONTHS FOR A SECOND VIOLATION;
AND
(C) ONE YEAR FOR A THIRD OR SUBSEQUENT
VIOLATION.
(IX) (A) A PERSON WHOSE LICENSE IS REVOKED FOR A FIRST OFFENSE UNDER SUBPARAGRAPH (I.5) OR (IV) OF PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION MAY REQUEST THAT, IN LIEU OF THE THREEMONTH REVOCATION, THE PERSON'S LICENSE BE REVOKED FOR A PERIOD OF NOT LESS THAN THIRTY DAYS, TO BE FOLLOWED BY A SUSPENSION PERIOD OF SUCH LENGTH THAT THE TOTAL PERIOD OF REVOCATION AND SUSPENSION EQUALS THREE MONTHS. IF THE HEARING OFFICER APPROVES SUCH REQUEST, THE HEARING OFFICER MAY GRANT SUCH PERSON A PROBATIONARY LICENSE THAT MAY BE USED ONLY FOR THE REASONS PROVIDED IN SECTION 422127 (14) (a).
(B) THE HEARING TO CONSIDER A REQUEST
UNDER SUBSUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (IX) MAY
BE HELD AT THE SAME TIME AS THE HEARING HELD UNDER SUBSECTION
(8) OF THIS SECTION; EXCEPT THAT, A PROBATIONARY LICENSE MAY NOT
BECOME EFFECTIVE UNTIL AT LEAST THIRTY DAYS HAVE ELAPSED SINCE
THE BEGINNING OF THE REVOCATION PERIOD.
SECTION 6. 422127
(5) (b), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
422127. Authority to suspend license to deny license type of conviction points. (5) Point system schedule:
Type of conviction Points
(b) (IV) FOR A PERSON UNDER TWENTYONE
YEARS OF AGE, DRIVING WITH AN ALCOHOL CONTENT OF AT LEAST 0.02
BUT LESS THAN 0.05 PURSUANT TO SECTION 4241301 (2)
(a.5) 4
SECTION 7. 422127
(9) (a), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
is amended to read:
422127. Authority to suspend
license to deny license type of conviction
points. (9) (a) Whenever
the department receives notice that a person has pled guilty to,
or been found guilty by a court or a jury of, a violation of section
4241301 (1) (a), (1) (c), or (2)
(2) (a) and receives the license surrendered by the person to
the court pursuant to section 422129, the department
shall immediately suspend the license of the person for a period
of not less than one year. If the department is also required
to enter a license revocation for a period of one year or longer
under any provision of this title based on the same conviction,
the suspension shall not be entered.
SECTION 8. 422129,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
to read:
422129. Mandatory surrender
of license or permit for driving under the influence or with excessive
alcoholic content. Upon a plea of guilty
or nolo contendere, or a verdict of guilty by the court or a jury,
to a violation of section 4241301 (1) (a), (1) (c),
or (2)
(2) (a), OR, FOR A PERSON UNDER TWENTYONE YEARS OF AGE,
TO A VIOLATION OF SECTION 4241301 (1) (a), (1) (b),
(1) (c), (2) (a), OR (2) (a.5), the court shall require the offender
to immediately surrender the offender's driver's, minor driver's,
provisional driver's, or temporary driver's license or instruction
permit to the court. The court shall forward to the department
a notice of plea or verdict, on the form prescribed by the department,
together with the offender's license or permit, not later than
ten days after the surrender of the license or permit. Any person
who does not immediately surrender such license or permit to the
court, except for good cause shown, commits a class 2 misdemeanor
traffic offense.
SECTION 9. 422202
(2) (a) (I), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
is amended to read:
422202. Habitual offenders
frequency and type of violations.
(2) (a) An habitual offender is a person having
three or more convictions of any of the following separate and
distinct offenses arising out of separate acts committed within
a period of seven years:
(I) Driving a motor vehicle in violation
of any provision of section 4241301 (1) or (2)
(2) (a);
SECTION 10. 422403
(2), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
422403. Department authority
rules and regulations federal requirements.
(2) (d) THE DEPARTMENT MAY NOT CONSIDER THE FOLLOWING
WITH REGARD TO AN APPLICATION FROM A PERSON FOR A COMMERCIAL DRIVER'S
LICENSE:
(I) A CONVICTION UNDER SECTION 4241301
(2) (a.5);
(II) A LICENSE REVOCATION IMPOSED UNDER
SECTION 422126 (2) (a) (I.5) IF THE PERSON WAS UNDER
TWENTYONE YEARS OF AGE AT THE TIME OF THE OFFENSE AND SUCH
PERSON DROVE A MOTOR VEHICLE WHILE SUCH PERSON'S BLOOD ALCOHOL
CONTENT WAS AT LEAST 0.02 BUT LESS THAN 0.05 GRAMS OF ALCOHOL
PER ONE HUNDRED MILLILITERS OF BLOOD OR AT LEAST 0.02 BUT LESS
THAN 0.05 GRAMS OF ALCOHOL PER TWO HUNDRED TEN LITERS OF BREATH;
OR
(III) A LICENSE REVOCATION IMPOSED UNDER
SECTION 422126 (2) (a) (IV) IF THE PERSON WAS UNDER
TWENTYONE YEARS OF AGE AT THE TIME OF THE OFFENSE AND SUCH
PERSON DROVE A COMMERCIAL MOTOR VEHICLE WHILE SUCH PERSON'S BLOOD
ALCOHOL CONTENT WAS AT LEAST 0.02 BUT LESS THAN 0.04 GRAMS OF
ALCOHOL PER ONE HUNDRED MILLILITERS OF BLOOD OR AT LEAST 0.02
BUT LESS THAN 0.04 GRAMS OF ALCOHOL PER TWO HUNDRED TEN LITERS
OF BREATH.
SECTION 11. 422405
(3) (b) (II), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
is amended to read:
422405. Driver's license
disciplinary actions cancellations denials.
(3) A commercial driver's license shall be cancelled
and such driver shall be denied from driving a commercial motor
vehicle in this state for life or, if a driver of a commercial
motor vehicle does not have a commercial driver's license, such
person shall be denied from ever obtaining a commercial driver's
license and from driving a commercial motor vehicle in this state
for life, unless such cancellation or denial is otherwise reduced
to a period of not less than ten years by the secretary of the
United States department of transportation:
(b) If such driver commits two or more
violations, or any combination arising from two incidents, of:
(II) Driving a commercial motor vehicle
in this state when the amount of alcohol, as shown by analysis
of such person's blood or breath, in such person's blood was 0.04
or more grams of alcohol per ONE hundred milliliters of blood
or 0.04 OR MORE grams of alcohol per two hundred ten liters of
breath at the time of driving or any time thereafter;
SECTION 12. 4241301
(2), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
4241301. Driving under
the influence driving while impaired driving with
excessive alcoholic content tests penalties
useful public service program alcohol and drug driving
safety program. (2) (a.5) IT
IS A CLASS A TRAFFIC INFRACTION FOR ANY PERSON UNDER TWENTYONE
YEARS OF AGE TO DRIVE ANY VEHICLE IN THIS STATE WHEN THE AMOUNT
OF ALCOHOL, AS SHOWN BY ANALYSIS OF THE PERSON'S BLOOD OR BREATH,
IN SUCH PERSON'S BLOOD IS AT LEAST 0.02 BUT LESS THAN 0.05 GRAMS
OF ALCOHOL PER ONE HUNDRED MILLILITERS OF BLOOD OR AT LEAST 0.02
BUT LESS THAN 0.05 GRAMS OF ALCOHOL PER TWO HUNDRED TEN LITERS
OF BREATH AT THE TIME OF DRIVING OR WITHIN TWO HOURS AFTER DRIVING.
SECTION 13. 4241301 (6) and (8), Colorado Revised Statutes, 1993 Repl. Vol., as amended, are amended to read:
4241301. Driving under
the influence driving while impaired driving with
excessive alcoholic content tests penalties
useful public service program alcohol and drug driving
safety program. (6) Following
the lawful contact with a person who has been driving a vehicle,
and when a law enforcement officer reasonably suspects that a
person was driving a vehicle while under the influence of or while
impaired by alcohol, the law enforcement officer may conduct a
preliminary screening test using a device approved by the executive
director of the department of public health and environment after
first advising the driver that the driver may either refuse or
agree to provide a sample of the driver's breath for such preliminary
test; EXCEPT THAT, IF THE DRIVER IS UNDER TWENTYONE YEARS
OF AGE, THE LAW ENFORCEMENT OFFICER MAY, AFTER PROVIDING SUCH
ADVISEMENT TO THE PERSON, CONDUCT SUCH PRELIMINARY SCREENING TEST
IF THE OFFICER REASONABLY SUSPECTS THAT THE PERSON HAS CONSUMED
ANY ALCOHOL. The results of this preliminary screening test may
be used by a law enforcement officer in determining whether probable
cause exists to believe such person was driving a vehicle in violation
of paragraph (a) or (b) of subsection (1) or subsection (2) of
this section and whether to administer a test pursuant to paragraph
(a) of subsection (7) of this section. Neither the results of
such preliminary screening test nor the fact that the person refused
such test shall be used in any court action except in a hearing
outside of the presence of a jury, when such hearing is held to
determine if a law enforcement officer had probable cause to believe
that the driver committed a violation of paragraph (a) or (b)
of subsection (1) or subsection (2) of this section. The results
of such preliminary screening test shall be made available to
the driver or the driver's attorney on request. The preliminary
screening test shall not substitute for or qualify as the test
or tests required by paragraph (a) of subsection (7) of this section.
(8) No court shall accept a plea of guilty
to a nonalcoholrelated or nondrugrelated
traffic offense OR GUILTY TO AN OFFENSE UNDER PARAGRAPH (a.5)
OF SUBSECTION (2) OF THIS SECTION from a person charged with a
violation of subsection (1) or (2)
(2) (a) of this section; except that the court may accept a plea
of guilty to a nonalcoholrelated or nondrugrelated
traffic offense OR TO AN OFFENSE UNDER PARAGRAPH (a.5) OF SUBSECTION
(2) OF THIS SECTION upon a good faith representation by the prosecuting
attorney that the attorney could not establish a prima facie case
if the defendant were brought to trial on the original alcoholrelated
or drugrelated offense.
SECTION 14. 4241701 (4) (a) (I) (N), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended to read:
4241701. Traffic offenses
and infractions classified penalties penalty and
surcharge schedule. (4) (a) (I) Except
as provided in paragraph (c) of subsection (5) of this section,
every person who is convicted of, who admits liability for, or
against whom a judgment is entered for a violation of any provision
of this title to which the provisions of paragraph (a) or (b)
of subsection (5) of this section apply shall be fined or penalized,
and have a surcharge levied thereon pursuant to section 244.2104
(1) (b) (I), C.R.S., in accordance with the penalty and surcharge
schedule set forth in subsubparagraphs (A) to (P) of this
subparagraph (I); or, if no penalty or surcharge is specified
in the schedule, the penalty for class A and class B traffic infractions
shall be fifteen dollars, and the surcharge shall be two dollars.
These penalties and surcharges shall apply whether the defendant
acknowledges the defendant's guilt or liability in accordance
with the procedure set forth by paragraph (a) of subsection (5)
of this section or is found guilty by a court of competent jurisdiction
or has judgment entered against the defendant by a county court
magistrate. Penalties and surcharges for violating specific sections
shall be as follows:
Section Violated Penalty
Surcharge
(N) Other offenses:
4241301 (2) (a.5) $ 50.00 $ 6.00
4241402 50.00 6.00
4241403 15.00 2.00
4241404 15.00 2.00
4241406 35.00 4.00
4241407 35.00 4.00
424314 35.00 4.00
4241408 15.00 2.00
SECTION 15. 4241715
(1), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended to read:
4241715. Convictions, judgments,
and charges recorded public inspection.
(1) (a) Every judge of a court not of record and
every clerk of a court of record shall keep a full record of every
case in which a person is charged with any violation of this article
or any other law regulating the operation of vehicles on highways.
(b) (I) UPON APPLICATION BY A PERSON,
THE COURT SHALL EXPUNGE ALL RECORDS CONCERNING A CONVICTION OF
THE PERSON FOR DRIVING ANY VEHICLE IN THIS STATE WITH AN ALCOHOL
LEVEL OF AT LEAST 0.02 BUT LESS THAN 0.05 GRAMS OF ALCOHOL PER
HUNDRED MILLILITERS OF BLOOD OR AT LEAST 0.02 BUT LESS THAN 0.05
GRAMS OF ALCOHOL PER TWO HUNDRED TEN LITERS OF BREATH WHILE UNDER
TWENTYONE YEARS OF AGE PURSUANT TO SECTION 4241301
(2) (a.5) IF:
(A) SUCH PERSON PRESENTS A REQUEST FOR
EXPUNGEMENT TO THE COURT AND PROVIDES ALL INFORMATION REQUIRED
BY THE COURT TO PROCESS SUCH REQUEST;
(B) SUCH PERSON IS OVER TWENTYONE
YEARS OF AGE AND THE COURT ACTION REGARDING THE OFFENSE HAS BEEN
CONCLUDED;
(C) THE PERSON HAS NOT BEEN CONVICTED
FOR ANY OTHER OFFENSE UNDER SECTION 4241301 THAT WAS
COMMITTED WHILE SUCH PERSON WAS UNDER TWENTYONE YEARS OF
AGE; AND
(D) SUCH PERSON PAYS THE FINE AND SURCHARGE
FOR SUCH CONVICTION AND COMPLETES ANY OTHER REQUIREMENTS OF THE
COURT WITH REGARD TO SUCH CONVICTION, INCLUDING, BUT NOT LIMITED
TO, ANY ORDER TO PAY RESTITUTION TO ANY PARTY.
(II) UPON RECEIVING A REQUEST FOR EXPUNGEMENT,
THE COURT MAY DELAY CONSIDERATION OF SUCH REQUEST UNTIL SUFFICIENT
TIME HAS ELAPSED TO ENSURE THAT THE PERSON IS NOT CONVICTED FOR
ANY ADDITIONAL OFFENSE UNDER SECTION 4241301 COMMITTED
WHILE THE PERSON WAS UNDER TWENTYONE YEARS OF AGE.
SECTION 16. 427406
(1), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended to read:
427406. Proof required
under certain conditions. (1) Whenever
the director revokes the license of any person under section 422125
or 422126, or cancels any license under section 422122
because of the licensee's inability to operate a motor vehicle
because of physical or mental incompetence, or cancels any probationary
license under section 422127, the director shall not
issue to or continue in effect for any such person any new or
renewal of license until permitted under the motor vehicle laws
of this state, and not then until and unless such person files
or has filed and maintains proof of financial responsibility as
provided in this article; except that persons WHOSE LICENSES ARE
canceled pursuant to section 422122 (2.5) OR REVOKED
FOR A FIRST OFFENSE UNDER SECTION 422125 (1) (g.5)
OR A FIRST OFFENSE UNDER SECTION 422126 (2) (a) (I.5)
OR (2) (a) (IV) shall not be required to file proof of financial
responsibility in order to be relicensed.
SECTION 17. 427408
(1) (c), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
is amended to read:
427408. Proof of financial
responsibility methods of giving proof duration
exception. (1) (c) Notwithstanding
the threeyear requirement in paragraph (b) of this subsection
(1):
(I) If an insured has been found guilty
of a driving offense pursuant to section 4241301 (1)
or (2)
(2) (a) or if the insured's license has been revoked pursuant
to section 422125 (1) (m) or 422126, OTHER
THAN A REVOCATION UNDER SECTION 422126 (2) (a) (I.5)
OR (2) (a) (IV), only one time and no accident was involved in
such offense, proof of financial responsibility for the future
shall be required to be maintained only for as long as the insured's
driving privilege is ordered to be under restraint, up to a maximum
of three years. The time period for maintaining the future proof
of liability insurance shall begin at the time the driver reinstates
his or her driving privilege.
(II) IF AN INSURED HAS BEEN FOUND GUILTY
OF A SECOND OR SUBSEQUENT OFFENSE OF DRIVING WITH AN ALCOHOL CONTENT
OF AT LEAST 0.02 BUT LESS THAN 0.05 WHILE UNDER TWENTYONE
YEARS OF AGE UNDER SECTION 4241301 (2) (a.5) OR IF
THE INSURED'S DRIVER'S LICENSE HAS BEEN REVOKED BECAUSE OF A SECOND
OR SUBSEQUENT OFFENSE PURSUANT TO SECTION 422126 (2)
(a) (I.5) OR (2) (a) (IV), PROOF OF FINANCIAL RESPONSIBILITY FOR
THE FUTURE SHALL BE REQUIRED TO BE MAINTAINED ONLY FOR AS LONG
AS THE INSURED'S DRIVING PRIVILEGE IS ORDERED TO BE UNDER RESTRAINT.
THE TIME PERIOD FOR MAINTAINING THE FUTURE PROOF OF LIABILITY
INSURANCE SHALL BEGIN AT THE TIME THE DRIVER REINSTATES HIS OR
HER DRIVING PRIVILEGE.
SECTION 18. 183106
(4) (a), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
183106. Vehicular homicide.
(4) (a) If a law enforcement officer has probable
cause to believe that any person was driving a motor vehicle in
violation of paragraph (b) of subsection (1) of this section,
such person, upon the request of the law enforcement officer,
shall take, and complete, and cooperate in the completing of any
test or tests of such person's blood, breath, saliva, or urine
for the purpose of determining the alcoholic or drug content within
his or her system. The type of test or tests shall be determined
by the law enforcement officer requiring the test or tests. If
such person refuses to take, or to complete, or to cooperate in
the completing of any such test or tests, such test or tests may
be performed at the direction of a law enforcement officer having
such probable cause, without such person's authorization or consent.
If any person refuses to take or complete, or cooperate in the
taking or completing of any test or tests required by this paragraph
(a), such person shall be subject to license revocation pursuant
to the provisions of section 422126 (2), C.R.S. When
such test or tests show that the amount of alcohol in a person's
blood was in violation of the limits provided for in section 422126
(2) (a) (I), (2) (a) (I.5), (2) (a) (III), OR (2) (a) (IV), C.R.S.,
such person shall be subject to license revocation pursuant to
the provisions of section 422126, C.R.S.
SECTION 19. 183205
(4) (a), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
183205. Vehicular assault.
(4) (a) If a law enforcement officer has probable
cause to believe that any person was driving a motor vehicle in
violation of paragraph (b) of subsection (1) of this section,
such person, upon the request of the law enforcement officer,
shall take, and complete, and cooperate in the completing of any
test or tests of such person's blood, breath, saliva, or urine
for the purpose of determining the alcoholic or drug content within
his or her system. The type of test or tests shall be determined
by the law enforcement officer requiring the test or tests. If
such person refuses to take, or to complete, or to cooperate in
the completing of any such test or tests, such test or tests may
be performed at the direction of a law enforcement officer having
such probable cause, without such person's authorization or consent.
If any person refuses to take, or to complete, or to cooperate
in the taking or completing of any test or tests required by this
paragraph (a), such person shall be subject to license revocation
pursuant to the provisions of section 422126 (2),
C.R.S. When such test or tests show that the amount of alcohol
in a person's blood was in violation of the limits provided for
in section 422126 (2) (a) (I), (2) (a) (I.5), (2)
(a) (III), OR (2) (a) (IV), C.R.S., such person shall be subject
to license revocation pursuant to the provisions of section 422126,
C.R.S.
SECTION 20. Effective
date applicability. This act shall take effect
July 1, 1997, and shall apply to offenses committed on or after
said date.
SECTION 21. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO