DENVER – Gov. John Hickenlooper on Monday signed a felony drunken-driving measure after frustration mounted from years of previously failed attempts.
The legislation allows for a felony charge in DUI cases on a fourth offense over a lifetime. It will take effect Aug. 5. The bill was actually watered-down from its original form, which would have created a felony charge after three DUI convictions.
Hickenlooper signed the bipartisan measure at a Wheat Ridge-based manufacturer of breath-alcohol testing equipment, surrounded by victims of drunken-driving incidents and the stakeholders who lobbied for its passage. Colorado had been among only five states where drunken drivers face only misdemeanor charges punishable by up to a year in jail, even after repeated convictions.
“There is now one less state that doesn’t have a (felony) DUI law,” Hickenlooper said as he signed the bill.
“It’s unthinkable,” he said of repeat offenders. “There probably is no one among us who doesn’t know someone who was exposed to a drunk driver at one place or another.”
Frank Martinez, a Longmont resident, worked on the effort this year after his nephew, Gilbert Martinez, was killed by a drunken driver in Weld County while driving home from church with his family one Sunday in January. Gilbert Martinez also lost his two young boys in the crash, a 6-year-old and a 1-year old.
“(Monday) is a very big moral victory for us knowing that these repeat offenders will have a more stricter circumstance or punishment coming to them,” Frank Martinez said after he watched the governor sign the bill into law. “The way we’re trying to focus that anger and frustration is towards helping future families.”
Concerns about the cost of the program derailed similar legislation in years past. But lawmakers were able to prioritize spending for the program this year. It is estimated that the first year will cost the state about $1.5 million, climbing to $8 million in the third year.
The bill found widespread support in the Legislature. Emotional testimony from victims of habitual drunken drivers helped bolster support for the legislation, which overshadowed concerns that the measure focused too much on punishment instead of rehabilitation.
