Under the heading — FYI ….. A New Law in Colorado passed in 2011 – compels – that is – forces a judge – IN THE ABSENCE OF A CONVICTION – as a matter of the judge’s pretrial authority – to order – as a condition of release on bond – that the individual accused of a second or seubsequent Colorado Alcohol or Drug related driving offense such as DWAI, DUI or DUID, to obstain from the use of alcohol or illegal drugs and to undergo alcohol and drug monitoring.
The law does provide for an “escape hatch” that would permit such an accused to object to the court’s order – and requires the judge to conduct a hearing to make a determination as to whether the person aggrieved by the law – be excepted from the requirements of the new DUI law.
Here is the (the law) statute:
HOUSE BILL 11-1189
CONCERNING BAIL BOND CONDITIONS FOR THOSE ARRESTED FOR SUBSEQUENT SUBSTANCE ABUSE DRIVING OFFENSES.
SECTION 1. 16-4-103 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
16-4-103. Fixing of bail and conditions of bail bond.
(1) (e) (i) if a person is arrested for driving under the influence or driving while ability impaired, pursuant to section 42-4-1301, CRS and The person has one or more previous convictions for an offense in Section 42-4-1301, CRS., or one or more convictions in any other Jurisdiction that would constitute a violation of section 42-4-1301, CRS., as a condition of any bail bond, …
… the court Shall Order that the defendant abstain from the use of alcohol or the Illegal use of drugs and such abstinence shall be monitored.
(Ii) a defendant seeking relief from any of the conditions imposed pursuant to subparagraph (i) of this paragraph (e) shall file a motion with the court and the court shall conduct a hearing upon the motion.
The court shall consider whether the condition from which the defendant is seeking relief is in the Interest of justice and whether public safety would be endangered If the condition were not enforced.
When determining whether to grant relief pursuant to this subparagraph (ii), the court shall consider whether the defendant has voluntarily enrolled in and Is participating in an appropriate substance abuse treatment program.