Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0743.01 Conrad Imel x2313
HOUSE BILL 24-1135
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING OFFENSES RELATED TO REQUIREMENTS FOR OPERATING101
A VEHICLE.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Under existing law, it is a class A traffic infraction to operate a
commercial motor vehicle without a commercial driver's license, to
operate a commercial motor vehicle if the operator is under 21 years of
age, or to drive a commercial motor vehicle if the person has more than
one driver's license. The bill makes each a class 1 misdemeanor; except
that, if a person presents a valid commercial driver's license to the court
HOUSE SPONSORSHIP
Soper and Snyder, Bird, Evans
SENATE SPONSORSHIP
Roberts and Will, Hansen, Michaelson Jenet, Priola
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. within 30 days, the offense is a class A traffic infraction.
The bill creates the offense of unlawful direction to operate a
commercial motor vehicle. An employer who knowingly authorizes or
permits an employee to operate a commercial motor vehicle without a
commercial driver's license, or permits an employee who is under 21
years of age to operate a commercial motor vehicle, commits unlawful
direction to operate a commercial motor vehicle, a class 1 misdemeanor
traffic offense.
The bill requires a driver to comply with a search warrant to
conduct a blood draw. Failure to comply with a warrant to conduct a
blood draw is a misdemeanor; except that it is a class 4 felony if the
violation occurred after 3 or more prior convictions, arising out of
separate and distinct criminal episodes, for driving under the influence
(DUI), DUI per se, or driving while ability impaired (collectively,
impaired driving offenses); vehicular homicide; vehicular assault; or any
combination thereof. A driver who fails to comply with a warrant to
conduct a blood draw is subject to the same criminal penalties as for DUI.
Under existing law, a person whose privilege to drive was revoked
for multiple convictions for any combination of impaired driving offenses
must have an interlock-restricted license for 2 to 5 years. The bill requires
a person whose privilege to drive was revoked following a conviction for
a DUI or DUI per se to hold an interlock-restricted license for at least:
! 2 years, if the DUI or DUI per se conviction is a second
conviction for any combination of impaired driving
offenses;
! 3 years, if the DUI or DUI per se conviction is a third
conviction for any combination of impaired driving
offenses; and
! 4 years, if the DUI or DUI per se conviction is a fourth
conviction for any combination of impaired driving
offenses.
Under existing law, a persistent drunk driver is required to hold the
interlock-restricted license for at least 2 years following reinstatement.
The bill requires a persistent drunk driver to hold an interlock-restricted
license for at least 3 years following a second violation for refusal to take
or complete a test for the purpose of determining the alcoholic content of
the driver's blood or breath upon a law enforcement officer's request.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-2-404, amend (3)2
as follows:3
42-2-404. Commercial driver's license - limitations - unlawful4
HB24-1135-2- direction to operate a commercial motor vehicle - rules. (3) (a) In1
addition to any applicable federal penalty concerning commercial motor2
vehicle operators, any person who violates subsection (1) or (2) of this3
section, or any rule or regulation promulgated by the department pursuant4
to this part 4, commits a
CLASS 1 MISDEMEANOR TRAFFIC OFFENSE ;5
EXCEPT THAT, IF A PERSON WHO VIOLATES SUBSECTION (1) OR (2) OF THIS6
SECTION PRESENTS A VALID COMMERCIAL DRIVER 'S LICENSE TO THE COURT7
WITHIN THIRTY DAYS AFTER THE DATE OF THE VIOLATION OR AT THE8
PERSON'S FIRST SCHEDULED COURT APPEARANCE , THE PERSON, IF9
CONVICTED, IS GUILTY OF A class A traffic infraction.10
(b) A
N EMPLOYER OR AN OFFICER OR AGENT OF AN EMPLOYER WHO11
KNOWINGLY AUTHORIZES OR PERMITS AN EMPLOYEE TO VIOLATE12
SUBSECTION (1) OF THIS SECTION COMMITS UNLAWFUL DIRECTION TO13
OPERATE A COMMERCIAL MOTOR VEHICLE . UNLAWFUL DIRECTION TO14
OPERATE A COMMERCIAL MOTOR VEHICLE IS A CLASS 1 MISDEMEANOR15
TRAFFIC OFFENSE.16
SECTION 2. In Colorado Revised Statutes, add 42-4-1301.5 as17
follows:18
42-4-1301.5. Failure to comply with a warrant to conduct a19
blood draw of a driver - penalty. (1) I
F A LAW ENFORCEMENT OFFICER20
WHO HAS PROBABLE CAUSE TO BELIEVE THAT A PERSON WAS DRIVING A21
MOTOR VEHICLE IN VIOLATION OF THE PROHIBITIONS AGAINST DUI, DUI22
PER SE, DWAI, OR UDD REQUESTS A SEARCH WARRANT TO CONDUCT A23
BLOOD DRAW FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC24
CONTENT OF THE DRIVER'S BLOOD, THE DRIVER SHALL COMPLY WITH THE25
JUDICIALLY AUTHORIZED SEARCH WARRANT TO CONDUCT A BLOOD DRAW .26
(2) A
DRIVER WHO VIOLATES SUBSECTION (1) OF THIS SECTION27
HB24-1135
-3- COMMITS FAILURE TO COMPLY WITH A WARRANT TO CONDUCT A BLOOD1
DRAW OF A DRIVER.2
(3)
FAILURE TO COMPLY WITH A WARRANT TO CONDUCT A BLOOD3
DRAW OF A DRIVER IS A MISDEMEANOR ; EXCEPT THAT IT IS A CLASS 44
FELONY IF THE VIOLATION OCCURRED AFTER THREE OR MORE PRIOR5
CONVICTIONS, ARISING OUT OF SEPARATE AND DISTINCT CRIMINAL6
EPISODES, FOR DUI, DUI PER SE, FAILURE TO COMPLY WITH A WARRANT7
TO CONDUCT A BLOOD DRAW OF A DRIVER , OR DWAI; VEHICULAR8
HOMICIDE, AS DESCRIBED IN SECTION 18-3-106 (1)(b); VEHICULAR9
ASSAULT, AS DESCRIBED IN SECTION 18-3-205 (1)(b); OR ANY10
COMBINATION THEREOF . FAILURE TO COMPLY WITH A WARRANT TO11
CONDUCT A BLOOD DRAW OF A DRIVER SHALL BE PUNISHED IN12
ACCORDANCE WITH SECTION 42-4-1307.13
SECTION 3. In Colorado Revised Statutes, 42-4-1307, amend14
(3)(a) introductory portion, (3)(b), (5)(a) introductory portion, (5)(b)15
introductory portion, (6)(a) introductory portion, (6)(c) introductory16
portion, (6)(c)(I), (6.5)(a), (6.5)(d), (6.5)(e), (9)(a), and (13)(a); and add17
(2)(d.5) as follows:18
42-4-1307. Penalties for traffic offenses involving alcohol and19
drugs - legislative declaration - definitions - repeal. (2) Definitions.20
As used in this section, unless the context otherwise requires:21
(d.5) "F
AILURE TO COMPLY WITH A WARRANT TO CONDUCT A22
BLOOD DRAW OF A DRIVER" MEANS THE OFFENSE OF FAILURE TO COMPLY23
WITH A WARRANT TO CONDUCT A BLOOD DRAW OF A DRIVER DESCRIBED24
IN SECTION 42-4-1301.5.25
(3) First offenses - DUI and DUI per se. (a) Except as otherwise26
provided in subsections (5) and (6) of this section, a person who is27
HB24-1135
-4- convicted of DUI, or DUI per se, OR FAILURE TO COMPLY WITH A1
WARRANT TO CONDUCT A BLOOD DRAW OF A DRIVER shall be punished by:2
(b) Notwithstanding the provisions of subparagraph (I) of3
paragraph (a) of this subsection (3) SUBSECTION (3)(a)(I) OF THIS4
SECTION, and except as described in paragraphs (a) and (b) of subsection5
(5) and paragraph (a) of subsection (6) SUBSECTIONS (5)(a), (5)(b), AND6
(6) of this section, a person who is convicted of DUI, or DUI per se, OR7
FAILURE TO COMPLY WITH A WARRANT TO CONDUCT A BLOOD DRAW OF A8
DRIVER when the person's BAC was 0.20 or more at the time of driving9
or within two hours after driving shall be punished by imprisonment in10
the county jail for at least ten days but not more than one year; except that11
the court shall have the discretion to employ the sentencing alternatives12
described in section 18-1.3-106. C.R.S.13
(5) Second offenses. (a) Except as otherwise provided in14
subsection (6) of this section, a person who is convicted of DUI, DUI per15
se,
FAILURE TO COMPLY WITH A WARRANT TO CONDUCT A BLOOD DRAW OF16
A DRIVER, or DWAI who, at the time of sentencing, has a prior conviction17
of DUI, DUI per se,
FAILURE TO COMPLY WITH A WARRANT TO CONDUCT18
A BLOOD DRAW OF A DRIVER , DWAI, vehicular homicide pursuant to19
section 18-3-106 (1)(b), vehicular assault pursuant to section 18-3-20520
(1)(b), aggravated driving with a revoked license pursuant to section21
42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August22
5, 2015, or driving while the person's driver's license was under restraint23
pursuant to section 42-2-138 (1)(d), shall be punished by:24
(b) If a person is convicted of DUI, DUI per se,
FAILURE TO25
COMPLY WITH A WARRANT TO CONDUCT A BLOOD DRAW OF A DRIVER , or26
DWAI and the violation occurred less than five years after the date of a27
HB24-1135
-5- previous violation for which the person was convicted of DUI, DUI per1
se,
FAILURE TO COMPLY WITH A WARRANT TO CONDUCT A BLOOD DRAW OF2
A DRIVER, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b),3
C.R.S.,
vehicular assault pursuant to section 18-3-205 (1)(b), C.R.S.,4
aggravated driving with a revoked license pursuant to section 42-2-2065
(1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015,6
or driving while the person's driver's license was under restraint pursuant7
to section 42-2-138 (1)(d), the court does not have discretion to employ8
any sentencing alternatives described in section 18-1.3-106, C.R.S.,9
during the minimum period of imprisonment described in subparagraph10
(I) of paragraph (a) of this subsection (5) SUBSECTION (5)(a)(I) OF THIS11
SECTION; except that a court may allow the person to participate in a12
program pursuant to section 18-1.3-106 (1)(a)(II), (1)(a)(IV), or (1)(a)(V)13
C.R.S., only if the program is available through the county in which the14
person is imprisoned and only for the purpose of:15
(6) Third and subsequent offenses. (a) Except as provided in16
section 42-4-1301 (1)(a), (1)(b), and (2)(a), a person who is convicted of17
DUI, DUI per se,
FAILURE TO COMPLY WITH A WARRANT TO CONDUCT A18
BLOOD DRAW OF A DRIVER, or DWAI who, at the time of sentencing, has19
two or more prior convictions of DUI, DUI per se,
FAILURE TO COMPLY20
WITH A WARRANT TO CONDUCT A BL OOD DRAW OF A DRIVER , DWAI,21
vehicular homicide pursuant to section 18-3-106 (1)(b), vehicular assault22
pursuant to section 18-3-205 (1)(b), aggravated driving with a revoked23
license pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that24
crime existed before August 5, 2015, or driving while the person's driver's25
license was under restraint pursuant to section 42-2-138 (1)(d) shall be26
punished by:27
HB24-1135
-6- (c) Notwithstanding any other provision of law, if the defendant1
satisfies the conditions described in subparagraphs (I) and (II) of this2
paragraph (c) THIS SUBSECTION (6)(c), the court may include as a3
condition of probation a requirement that the defendant participate in4
alcohol treatment. If the defendant's assessed treatment need is for5
residential treatment, the court may make residential alcohol treatment a6
condition of probation and may place the offender in a community7
corrections program that can provide the appropriate level of treatment.8
This paragraph (c) SUBSECTION (6)(c) applies only if:9
(I) At the time of sentencing, the person has two prior convictions10
of DUI, DUI per se,
FAILURE TO COMPLY WITH A WARRANT TO CONDUCT11
A BLOOD DRAW OF A DRIVER , DWAI, vehicular homicide pursuant to12
section 18-3-106 (1)(b), C.R.S.,
or vehicular assault pursuant to section13
18-3-205 (1)(b); C.R.S.; and14
(6.5) Felony offenses. (a) A person who commits a felony DUI,15
DUI per se,
FAILURE TO COMPLY WITH A WARRANT TO CONDUCT A BLOOD16
DRAW OF A DRIVER, or DWAI offense shall be sentenced in accordance17
with the provisions of section 18-1.3-401 and this subsection (6.5).18
(d) Notwithstanding the provisions of subsection (6.5)(a) of this19
section, before the imposition of any sentence to the department of20
corrections for a felony DUI, DUI per se,
FAILURE TO COMPLY WITH A21
WARRANT TO CONDUCT A BLOOD DRAW OF A DRIVER , or DWAI offense,22
at sentencing or at resentencing after a revocation of probation or a23
community corrections sentence, the court shall consider all the factors24
described in subsection (6.5)(e) of this section.25
(e) If the court sentences the defendant to the department of26
corrections for a felony DUI, DUI per se,
FAILURE TO COMPLY WITH A27
HB24-1135
-7- WARRANT TO CONDUCT A BLOOD DRAW OF A DRIVER , or DWAI offense,1
it must determine that incarceration is the most suitable option given the2
facts and circumstances of the case, including the defendant's willingness3
to participate in treatment. Additionally, the court shall consider whether4
all other reasonable and appropriate sanctions and responses to the5
violation that are available to the court have been exhausted, do not6
appear likely to be successful if tried, or present an unacceptable risk to7
public safety.8
(9) Previous convictions. (a) For the purposes of subsections (5)9
and (6) of this section, a person is deemed to have a previous conviction10
for DUI, DUI per se,
FAILURE TO COMPLY WITH A WARRANT TO CONDUCT11
A BLOOD DRAW OF A DRIVER , DWAI, vehicular homicide pursuant to12
section 18-3-106 (1)(b), C.R.S.,
vehicular assault pursuant to section13
18-3-205 (1)(b), C.R.S., aggravated driving with a revoked license14
pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime15
existed before August 5, 2015, or driving while the person's driver's16
license was under restraint pursuant to section 42-2-138 (1)(d), if the17
person has been convicted under the laws of this state or under the laws18
of any other state, the United States, or any territory subject to the19
jurisdiction of the United States, of an act that, if committed within this20
state, would constitute the offense of DUI, DUI per se,
FAILURE TO21
COMPLY WITH A WARRANT TO CONDUCT A BLOOD DRAW OF A DRIVER ,22
DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), C.R.S.,
23
vehicular assault pursuant to section 18-3-205 (1)(b), C.R.S., aggravated24
driving with a revoked license pursuant to section 42-2-206 (1)(b)(I)(A)25
or (1)(b)(I)(B), as that crime existed before August 5, 2015, or driving26
while the person's driver's license was under restraint pursuant to section27
HB24-1135
-8- 42-2-138 (1)(d).1
(13) Alcohol and drug evaluation and supervision costs. (a) In2
addition to any fines, fees, or costs levied against a person convicted of3
DUI, DUI per se,
FAILURE TO COMPLY WITH A WARRANT TO CONDUCT A4
BLOOD DRAW OF A DRIVER, DWAI, or UDD, the judge shall assess each5
such person for the cost of the presentence or postsentence alcohol and6
drug evaluation and supervision services.7
SECTION 4. In Colorado Revised Statutes, 42-4-1301, amend8
(1)(a), (1)(b), (1)(j), and (2)(a) as follows:9
42-4-1301. Driving under the influence - driving while10
impaired - driving with excessive alcoholic content - definitions -11
penalties. (1) (a) A person who drives a motor vehicle or vehicle under12
the influence of alcohol or one or more drugs, or a combination of both13
alcohol and one or more drugs, commits driving under the influence.14
Driving under the influence is a misdemeanor, but it is a class 4 felony if15
the violation occurred after three or more prior convictions, arising out of16
separate and distinct criminal episodes, for DUI, DUI per se, or DWAI;17
FAILURE TO COMPLY WITH A WARRANT TO CONDUCT A BLOOD DRAW OF A18
DRIVER, AS DESCRIBED IN SECTION 42-4-1301.5; vehicular homicide, as19
described in section 18-3-106 (1)(b); vehicular assault, as described in20
section 18-3-205 (1)(b); or any combination thereof.21
(b) A person who drives a motor vehicle or vehicle while impaired22
by alcohol or by one or more drugs, or by a combination of alcohol and23
one or more drugs, commits driving while ability impaired. Driving while24
ability impaired is a misdemeanor, but it is a class 4 felony if the violation25
occurred after three or more prior convictions, arising out of separate and26
distinct criminal episodes, for DUI, DUI per se, or DWAI;
FAILURE TO27
HB24-1135
-9- COMPLY WITH A WARRANT TO CONDUCT A BLOOD DRAW OF A DRIVER , AS1
DESCRIBED IN SECTION 42-4-1301.5; vehicular homicide, as described in2
section 18-3-106 (1)(b); vehicular assault, as described in section3
18-3-205 (1)(b); or any combination thereof.4
(j) For the purposes of this section, a person is deemed to have a5
prior conviction for DUI, DUI per se, or DWAI;
FAILURE TO COMPLY6
WITH A WARRANT TO CONDUCT A BLOOD DRAW OF A DRIVER , AS7
DESCRIBED IN SECTION 42-4-1301.5; vehicular homicide, as described in8
section 18-3-106 (1)(b); C.R.S.;
or vehicular assault, as described in9
section 18-3-205 (1)(b); C.R.S., if the person has been convicted under10
the laws of this state or under the laws of any other state, the United11
States, or any territory subject to the jurisdiction of the United States, of12
an act that, if committed within this state, would constitute any of these13
offenses. The prosecution shall set forth such THE prior convictions in the14
indictment or information.15
(2) (a) A person who drives a motor vehicle or vehicle when the16
person's BAC is 0.08 or more at the time of driving or within two hours17
after driving commits DUI per se. During a trial, if the state's evidence18
raises the issue, or if a defendant presents some credible evidence, that19
the defendant consumed alcohol between the time that the defendant20
stopped driving and the time that testing occurred, such issue shall be an21
affirmative defense, and the prosecution must establish beyond a22
reasonable doubt that the minimum 0.08 blood or breath alcohol content23
required in this subsection (2)(a) was reached as a result of alcohol24
consumed by the defendant before the defendant stopped driving. DUI25
per se is a misdemeanor, but it is a class 4 felony if the violation occurred26
after three or more prior convictions, arising out of separate and distinct27
HB24-1135
-10- criminal episodes, for DUI, DUI per se, FAILURE TO COMPLY WITH A1
WARRANT TO CONDUCT A BLOOD DRAW OF A DRIVER , AS DESCRIBED IN2
SECTION 42-4-1301.5, or DWAI; vehicular homicide, as described in3
section 18-3-106 (1)(b); vehicular assault, as described in section4
18-3-205 (1)(b); or any combination thereof.5
SECTION 5. In Colorado Revised Statutes, 42-2-132.5, amend6
(1)(b) and (3) as follows:7
42-2-132.5. Mandatory and voluntary restricted licenses8
following alcohol convictions - rules. (1) Persons required to hold an9
interlock-restricted license. (b) A person whose privilege to drive was10
revoked for multiple convictions for any combination of a DUI, DUI per11
se, or DWAI pursuant to section 42-2-125 (1)(g)(I) or (1)(i) shall MUST12
hold an interlock-restricted license pursuant to this section for at least two13
years, but not more than five years, following reinstatement prior to being14
eligible to obtain any other driver's license issued under this article15
ARTICLE 2; EXCEPT THAT, IF THE PERSON'S PRIVILEGE TO DRIVE WAS16
REVOKED PURSUANT TO SECTION 42-2-125 (1)(g)(I) OR (1)(i) FOLLOWING17
A CONVICTION FOR A DUI OR DUI PER SE, THE PERSON MUST HOLD AN18
INTERLOCK-RESTRICTED LICENSE FOR AT LEAST:19
(I) T
WO YEARS, IF THE DUI OR DUI PER SE CONVICTION IS A20
SECOND CONVICTION FOR ANY COMBINATION OF A DUI, DUI PER SE, OR21
DWAI
PURSUANT TO SECTION 42-2-125 (1)(g)(I);22
(II) T
HREE YEARS, IF THE DUI OR DUI PER SE CONVICTION IS A23
THIRD CONVICTION FOR ANY COMBINATION OF A DUI, DUI PER SE, OR24
DWAI
PURSUANT TO SECTION 42-2-125 (1)(i);25
(III) F
OUR YEARS, IF THE DUI OR DUI PER SE CONVICTION IS A26
FOURTH CONVICTION FOR ANY COMBINATION OF A DUI, DUI PER SE, OR27
HB24-1135
-11- DWAI.1
(3) Minimum interlock restriction requirement for persistent2
drunk drivers. (a) E
XCEPT AS PROVIDED IN SUBSECTIONS (1)(b) AND3
(3)(b)
OF THIS SECTION, a person required to hold an interlock-restricted4
license pursuant to this section who is a persistent drunk driver, as5
defined in section 42-1-102 (68.5), based on an offense that occurred on6
or after July 1, 2004, shall be
IS required to hold the interlock-restricted7
license for at least two years following reinstatement before being eligible8
to obtain any other driver's license issued under this article ARTICLE 2.9
(b) I
F A PERSON IS A PERSISTENT DRUNK DRIVER IN WHOLE OR IN10
PART BECAUSE OF A REFUSAL TO TAKE OR COMPLETE A BLOOD OR BREATH11
TEST DESCRIBED IN SECTION 42-4-1301.1, UPON A SECOND VIOLATION FOR12
REFUSAL TO TAKE OR COMPLETE A TEST , THE PERSON IS REQUIRED TO13
HOLD THE INTERLOCK-RESTRICTED LICENSE FOR AT LEAST THREE YEARS .14
SECTION 6. Applicability. This act applies to offenses15
committed on or after the effective date of this act.16
SECTION 7. Safety clause. The general assembly finds,17
determines, and declares that this act is necessary for the immediate18
preservation of the public peace, health, or safety or for appropriations for19
the support and maintenance of the departments of the state and state20
institutions.21
HB24-1135
-12-