Stepped-up DUI penalties pass muster in House

Debi Brazzale /
Apr 16th, 2010

IMG_4428The House today approved by voice vote a measure that cracks down on drunk and drug-impaired drivers, imposing more penalties and stepped up monitoring of second- and third-time offenders.

Sponsored by Rep. Claire Levy, D-Boulder, House Bill 1347 is designed to tackle the problem of repeat offenders by placing the punitive phase up front, followed by a mandatory probationary phase afterward that zeroes in on preventative measures.

“It (the bill) is intended to impose the kinds of conditions that will stop people from going out and repeat-offending,” said Levy.

After a second DUI or DUWI offense, there will be a minimum sentence of 10 days and up to one year of confinement.  After a third offense the minimum increases to 60 days of confinement.

A key provision of the measure, said Levy, is in the mandatory, two-year probation, during which time the court may require an ignition interlock device, which is attached to the vehicle to detect alcohol use and prevents the vehicle from being driven.  Other available options include periodic court appearances and monitoring of alcohol and drug use.

The tools at the disposal of the judge are, “basically whatever it takes to separate an alcoholic or a drug abuser from their vehicle,” said Levy.

Earlier this year, House Bill 1184 was sponsored by Republican Rep. Cory Gardner, from Yuma, to make a third DUI offense a felony, but that measure was rejected by the House Judiciary Committee, citing budget constraints.

Levy’s bill must first garner a majority roll-call vote before it moves over to the Senate for consideration.  The final House vote may occur as early as Monday.

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