BY REPRESENTATIVES Tucker, K. Alexander, and Epps;
also SENATORS Schroeder, Hernandez, and Hopper.
CONCERNING CLARIFICATION OF PROVISIONS REGARDING
UNDERAGE PERSONS DRIVING WITH ALCOHOL CONTENT, AND, IN CONNECTION
THEREWITH, CLARIFYING THAT DRIVING A MOTOR VEHICLE WHILE UNDER
TWENTYONE YEARS OF AGE WHILE HAVING A BLOOD OR BREATH ALCOHOL
CONTENT OF AT LEAST 0.02 BUT NOT MORE THAN 0.05 IS A TRAFFIC INFRACTION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. The
introductory portion to 422121 (5) (a) and 422121
(5) (a) (III), Colorado Revised Statutes, are amended 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
NOT MORE than 0.05 grams of alcohol per hundred milliliters of
blood or at least 0.02 but less
NOT MORE 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:
(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
SECTION 2. The
introductory portion to 422125 (2.5), Colorado Revised
Statutes, is amended to read:
422125. Mandatory revocation
of license and permit. (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
NOT MORE than 0.05 under section 4241301 (2) (a.5)
is as follows:
SECTION 3. 422126
(6) (b) (IX) (A), Colorado Revised Statutes, is amended to read:
422126. Revocation of license
based on administrative determination.
(6) (b) (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 AND WHOSE BLOOD ALCOHOL CONTENT WAS NOT MORE
THAN 0.05 GRAMS OF ALCOHOL PER ONE HUNDRED MILLILITERS OF BLOOD
OR NOT MORE THAN 0.05 GRAMS OF ALCOHOL PER TWO HUNDRED TEN LITERS
OF BREATH 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).
SECTION 4. 422127
(5) (b) (IV), Colorado Revised Statutes, is amended 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
NOT MORE than 0.05 pursuant to section 4241301 (2)
(a.5) 4
SECTION 5. 422403
(2) (d) (II), Colorado Revised Statutes, is amended 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:
(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
NOT MORE than 0.05 grams of alcohol per one hundred milliliters
of blood or at least 0.02 but less
NOT MORE than 0.05 grams of alcohol per two hundred ten liters
of breath; or
SECTION 6. 4241301
(2) (a.5), (9) (a), and (9) (b) (III), Colorado Revised Statutes,
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. (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
NOT MORE than 0.05 grams of alcohol per one hundred milliliters
of blood or at least 0.02 but less
NOT MORE than 0.05 grams of alcohol per two hundred ten liters
of breath at the time of driving or within two hours after driving.
(9) (a) (I) Every person who
is convicted of a violation of paragraph (a) or (c) of subsection
(1) or PARAGRAPH (a) OF subsection (2) of this section shall be
punished by imprisonment in the county jail for not less than
five days nor more than one year, and, in addition, the court
may impose a fine of not less than three hundred dollars nor more
than one thousand dollars. Except as provided in subparagraph
(II) of paragraph (f) of this subsection (9), the minimum period
of imprisonment provided for such violation shall be mandatory.
In addition to any other penalty which
THAT is imposed, every person who is convicted of a violation
to which this subparagraph (I) applies shall perform not less
than fortyeight hours nor more than ninetysix hours
of useful public service. The performance of the minimum period
of service shall be mandatory, and the court shall have no discretion
to suspend the mandatory minimum period of performance of such
service.
(II) Upon a conviction of a violation
of paragraph (a) or (c) of subsection (1) or PARAGRAPH (a) OF
subsection (2) of this section, which violation occurred within
five years of
AFTER the date of a previous violation, for which there has been
a conviction, of paragraph (a) or (c) of subsection (1) or PARAGRAPH
(a) OF subsection (2) of this section, or of section 183106
(1) (b) (I) or 183205 (1) (b) (I), C.R.S., the offender
shall be punished by imprisonment in the county jail for not less
than ninety days nor more than one year, and, in addition, the
court may impose a fine of not less than five hundred dollars
nor more than one thousand five hundred dollars. The minimum
period of imprisonment as provided for such violation shall be
mandatory, but the court may suspend up to eightythree days
of the period of imprisonment if the offender complies with the
provisions of subparagraph (I) of paragraph (f) of this subsection
(9). In addition to any other penalty which
THAT is imposed, every person who is convicted of a violation
to which this subparagraph (II) applies shall perform not less
than sixty hours nor more than one hundred twenty hours of useful
public service. The performance of the minimum period of service
shall be mandatory, and the court shall have no discretion to
suspend the mandatory minimum period of performance of such service.
(III) Upon conviction of a violation of
paragraph (a) or (c) of subsection (1) or PARAGRAPH (a) OF subsection
(2) of this section, which violation occurred within five years
of AFTER
the date of a previous violation, for which there has been a conviction,
of paragraph (b) of subsection (1) of this section, the offender
shall be punished by imprisonment in the county jail for not less
than seventy days nor more than one year, and, in addition, the
court may impose a fine of not less than four hundred fifty dollars
nor more than one thousand five hundred dollars. The minimum
period of imprisonment as provided for such violation shall be
mandatory, but the court may suspend up to sixtythree days
of the period of imprisonment if the offender complies with the
provisions of subparagraph (I) of paragraph (f) of this subsection
(9). In addition to any other penalty which
THAT is imposed, every person who is convicted of a violation
to which this subparagraph (III) applies shall perform not less
than fiftysix hours nor more than one hundred twelve hours
of useful public service. The performance of the minimum period
of service shall be mandatory, and the court shall have no discretion
to suspend the mandatory minimum period of performance of such
service.
(b) (III) Upon conviction of a violation
of paragraph (b) of subsection (1) of this section, which violation
occurred within five years of
AFTER the date of a previous violation, for which there has been
a conviction, of paragraph (a) or (c) of subsection (1) or PARAGRAPH
(a) OF subsection (2) of this section, or of section 183106
(1) (b) (I) or 183205 (1) (b) (I), C.R.S., the offender
shall be punished by imprisonment in the county jail for not less
than sixty days nor more than one year, and, in addition, the
court may impose a fine of not less than four hundred dollars
nor more than one thousand two hundred dollars. The minimum period
of imprisonment as provided for such violation shall be mandatory,
but the court may suspend up to fiftyfour days of the period
of imprisonment if the offender complies with the provisions of
subparagraph (I) of paragraph (f) of this subsection (9). In
addition to any other penalty which
THAT is imposed, every person who is convicted of a violation
to which this subparagraph (III) applies shall perform not less
than fiftytwo hours nor more than one hundred four hours
of useful public service. The performance of the minimum period
of service shall be mandatory, and the court shall have no discretion
to suspend the mandatory minimum period of performance of such
service.
SECTION 7. The
introductory portion to 4241715 (1) (b) (I), Colorado
Revised Statutes, is amended to read:
4241715. Convictions, judgments,
and charges recorded public inspection.
(1) (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
NOT MORE than 0.05 grams of alcohol per hundred milliliters of
blood or at least 0.02 but less
NOT MORE 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:
SECTION 8. 427408
(1) (c) (II), Colorado Revised Statutes, is amended to read:
427408. Proof of financial
responsibility methods of giving proof duration
exception repeal. (1) (c) Notwithstanding
the threeyear requirement in paragraph (b) of this subsection
(1):
(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
NOT MORE 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 9. 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 Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO