u/ProfessionalSeaCacti

location: South Carolina/Colorado

Colorado DUI reinstatement after records were destroyed - administrative remedy?

I'm hoping someone familiar with Colorado administrative law or DMV reinstatements can point me in the right direction.

Here's my situation:

• In 2008, I was arrested for DUI in Jefferson County, Colorado. My BAC was 0.18.
• In 2010, I was sentenced to:
  • 1 year of probation
  • Community service
  • Level II DUI education/treatment
• I completed the community service.
• To the best of my recollection, I also completed the court-ordered Level II DUI education/treatment through a private treatment provider.
• Several months after completing the Level II program, my probation was revoked because I used cannabis. The violation was unrelated to alcohol or failure to complete treatment. Instead of receiving an additional probation sentence, I served 60 days in county jail.

At the same time, my driver's license also had a separate suspension related to child support enforcement. That issue has since been completely resolved and the child support hold has been removed.

The only remaining issue preventing reinstatement is Colorado's DUI hold.

When I contacted the Colorado DMV, I was told they have no record that I completed the Level II DUI education/treatment.

Since then, I have tried to obtain proof of completion:

• I contacted the Jefferson County court.
• I requested court records and transcripts.
• I contacted the original private treatment provider.

Both the court and the treatment provider informed me that, because of the age of the case, the records have been destroyed pursuant to their record retention policies. As a result, there appears to be no surviving documentation of the completion of my Level II program.

So I'm now in a situation where:

• The Colorado DMV has no record that the Level II program was completed.
• The court no longer has records.
• The treatment provider no longer has records.
• I cannot produce documentation that no longer exists.

I currently live in South Carolina and will be relocating to North Carolina in the next few months, so returning to Colorado for multiple trips would be impossible.

My questions are:

1. Is there an administrative appeal or review process for situations like this?
2. Can Colorado continue to require proof of completion when the records have been lawfully destroyed by both the court and the treatment provider?
3. Is my only realistic option to complete another Level II DUI program?
4. Would this be the type of issue that warrants consulting a Colorado attorney who handles DMV reinstatement matters, or is it something that can usually be resolved directly with the Colorado DMV?

I'm not looking to avoid any legitimate legal requirements. I'm simply trying to determine the proper legal process when the original records no longer exist despite my efforts to obtain them and the classes were a large financial burden at the time and I only imagine are even more expensive now.

I appreciate any guidance, especially from anyone familiar with Colorado DMV reinstatements or who has dealt with a similar situation.

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