Colorado Rights Blog

HB15-1043: Felony Offense For Repeat DUI Offenders

Criminal Justice
Bill Number: HB15-1043
Year: 2015
ACLU Position: Oppose
Sponsors: McCann, Saine/Johnston, Cooke


Under current law, a DUI, DUI per se, or DWAI is a misdemeanor offense. The bill makes such an offense a class 4 felony if the violation occurred: (1) After 3 or more prior convictions for DUI, DUI per se, or DWAI; vehicular homicide; vehicular assault; or any combination thereof; or (2) not more than 7 years after the first of 2 prior convictions for DUI, DUI per se, or DWAI; vehicular homicide; vehicular assault; or any combination thereof, if the violation included at least one of the following circumstances:

• One or more persons less than 18 years of age were present in the person’s vehicle at the time of the violation;
• In committing the violation, the person caused damage or injury to any property or persons;
• After committing the violation, the person fled the scene; or
• At the time of the violation, or within 2 hours after the violation, the person’s BAC was 0.15 or higher.

Under current law, aggravated driving with a revoked license is a class 6 felony. The bill changes the penalty to a class 1 misdemeanor but requires a sentencing court to ensure that an offender spends a minimum of 60 days in the custody of a county jail.

Under current law, a person whose privilege to drive was revoked for multiple convictions for any combination of a DUI, DUI per se, or DWAI must hold an interlock-restricted license for at least one year following reinstatement prior to being eligible to obtain any other driver’s license. The bill expands this period to a minimum of 2 years and a maximum of 5 years.

The bill repeals provisions relating to the crime of aggravated driving with a revoked license when the offender also commits DUI, DUI per se, or DWAI as part of the same criminal episode.

The bill makes conforming amendments.

Current Status:

05/06/2015 - Senate Third Reading Passed - No Amendments
05/05/2015 - Senate Second Reading Passed - No Amendments
05/01/2015 - Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
04/30/2015 - Senate Committee on Finance Refer Unamended to Appropriations
04/17/2015 - Introduced In Senate - Assigned to Judiciary + Appropriations
04/15/2015 - House Third Reading Passed - No Amendments
04/10/2015 - House Committee on Appropriations Refer Amended to House Committee of the Whole
02/05/2015 - House Committee on Judiciary Refer Amended to Finance

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