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42-4-1306

Colorado task force on drunk and impaired driving - creation - legislative declaration.

Colorado statute CRS 42-4-1306 outlines the state of Colorado’s creation of a task force on drunk and impaired driving. This statute mandates how often the task force will meet, what type of representatives will serve, and its functions in developing recommendations and methods for reducing drunk and impaired driving incidents in Colorado.

Let’s face it. Life happens.

No one wants to get in trouble, but when it happens, what do you do?

If you have been arrested or charged with a crime, the best decision you can make is to
hire a good criminal defense attorney. With the right defense lawyer in your corner, you
will be advised and guided towards the best outcome for your case.

Colorado Revised Statutes, CRS 42-4-1306:

(1) The general assembly finds and declares that:

(a) Drunk and impaired driving continues to cause needless deaths and injuries, especially among young people;

(b) In 2003, there were over thirty thousand arrests for driving under the influence or driving while ability-impaired;

(c) Although Colorado has taken many measures to reduce the incidents of drunk and impaired driving, the persistent regularity of these incidents continues to be a problem, as evidenced by the case of Sonja Marie Devries who was killed in 2004 by a drunk driver who had been convicted of drunk driving on six previous occasions; and

(d) According to the federal national highway traffic safety administration, other states with a statewide task force on drunk and impaired driving have seen a decrease in incidents of drunk and impaired driving.

(2) There is hereby created the Colorado task force on drunk and impaired driving, referred to in this section as the “task force”. The task force shall meet regularly to investigate methods of reducing the incidents of drunk and impaired driving and develop recommendations for the state of Colorado regarding the enhancement of government services, education, and intervention to prevent drunk and impaired driving.

(3) (a) The task force shall consist of: 

(I) The executive director of the department of transportation or his or her designee who shall also convene the first meeting of the task force;

(II) Two representatives appointed by the executive director of the department of revenue, with the following qualifications:

(A) One representative with expertise in driver’s license sanctioning; and

(B) One representative with expertise in enforcement of the state’s liquor sales laws;

(III) The state court administrator or his or her designee;

(IV) The chief of the Colorado state patrol or his or her designee;

(V) The state public defender or his or her designee;

(VI) Two representatives appointed by the executive director of the department of human services with the following qualifications:

(A) One representative with expertise in substance abuse education and treatment for DUI or DWAI offenders; and

(B) One representative with expertise in providing minors, adolescents, and juvenile offenders with substance abuse treatment and related services;

(VII) The director of the division of probation services or his or her designee;

(VIII) The executive director of the department of public health and environment, or his or her designee;

(IX) The following members selected by the member serving pursuant to subparagraph (I) of this paragraph (a):

(A) A representative of a statewide association of chiefs of police with experience in making arrests for drunk or impaired driving;

(B) A representative of a statewide organization of county sheriffs with experience in making arrests for drunk or impaired driving;

(C) A victim or a family member of a victim of drunk or impaired driving;

(D) A representative of a statewide organization of victims of drunk or impaired driving;

(E) A representative of a statewide organization of district attorneys with experience in prosecuting drunk or impaired driving offenses;

(F) A representative of a statewide organization of criminal defense attorneys with experience in defending persons charged with drunk or impaired driving offenses;

(G) A representative of a statewide organization that represents persons who sell alcoholic beverages for consumption on premises;

(G.5) A representative of a statewide organization that represents persons who sell alcoholic beverages for consumption off premises;

(H) A representative of a statewide organization that represents distributors of alcoholic beverages in Colorado;

(I) A manufacturer of alcoholic beverages in Colorado;

(J) A person under twenty-four years of age who is enrolled in a secondary or postsecondary school;

(K) A representative of a statewide organization that represents alcohol and drug addiction counselors; and

(L) A representative of a statewide organization that represents persons licensed to sell retail marijuana for consumption off premises;

(X) The director of the peace officers standards and training board or the director’s designee; and

(XI) A researcher who is appointed by a majority of the task force members and who specializes in drunk and impaired driving research.

(b) Members selected pursuant to subparagraph (IX) of paragraph (a) of this subsection (3) shall serve terms of two years but may be selected for additional terms.

(c) Members of the task force shall not be compensated for or reimbursed for their expenses incurred in attending meetings of the task force.

(d) The initial meeting of the task force shall be convened on or before August 1, 2006, by the member serving pursuant to subparagraph (I) of paragraph (a) of this subsection (3). At the first meeting, the task force shall elect a chair and vice-chair from the members serving pursuant to subparagraphs (I) to (VIII) of paragraph (a) of this subsection (3), who shall serve a term of two years but who may be reelected for additional terms.

(e) The task force shall meet not less frequently than bimonthly and may adopt policies and procedures necessary to carry out its duties.

(4) The task force shall report its findings and recommendations to the judiciary committees of the house of representatives and the senate, or any successor committees, on or before January 15, 2007, and on or before each January 15 thereafter.

(5) (Deleted by amendment, L. 2011, (SB 11-093), ch. 41, p. 108, § 2, effective March 21, 2011.)

Need legal assistance for an incident related to drunk or impaired driving in Colorado Springs or El Paso County?

Drunk and impaired driving continues to be a source of many injuries and deaths on the road in Colorado. Colorado and other states have formed task forces to reduce drunk driving incidents. A conviction for drunk or impaired driving requires that the prosecutor convince a jury of your guilt beyond a reasonable doubt. To defend yourself against a drunk driving charge, it’s important to understand the law concerning your case and the legislative intent behind Colorado DUI statutes.

Frequently Asked Questions

Are DUIs on the rise in Colorado?

The Colorado Department of Transportation reported that in 2021, 37% of the 691 traffic deaths involved an impaired driver. This is a 44% increase since 2019. Prosecutors in Colorado filed a total of 26,165 DUI cases in 2019.

Do DUI charges usually result in convictions in Colorado?

Of the 26,165 DUI cases filed by prosecutors in 2019, 88% resulted in convictions. Every year, more than one out of three convicted offenders have at least one previous DUI offense.

Is Colorado a zero-tolerance state?

Colorado’s “zero tolerance law” applies to drivers under the age of 21—the legal drinking age. If an underage driver has a blood alcohol content (BAC) above 0.02%, they may be charged with an infraction for underage drinking and driving. If underaged drivers have a BAC of over 0.05%, they’ll be charged in the same manner as adults over 21—with a DWAI. Similarly, if they have a BAC over 0.08%, they could be charged with a DUI.