If you are convicted of driving under the influence (DUI) under Colorado Revised Statutes Section 42-4-1301, the penalties you face may be severe. In addition to jail or prison time and thousands of dollars and fines, your driver’s license will also likely be suspended. To get your license back, you will need to have an ignition interlock device (IID) installed in your vehicle.
These devices will disable your vehicle if you breathe into the breathalyzer and the device determines your blood alcohol content (BAC) levels have reached .025% or higher. You may be required to use an IID for additional time if you fail more than two IID tests within a one-year period. Understanding the requirements surrounding your DUI and ignition interlock device can help you finish out your sentence and get back to your life sooner.
Failing Three Breath Tests Will Trigger an IID Extension
The use of an ignition interlock device may be required if you are found guilty of driving under the influence under Colorado Revised Statutes Section 42-4-1301. Before you can operate your vehicle, you will need to breathe into the breathalyzer to prove your blood alcohol content levels are below the legal limit.
You will fail the BAC test if the breathalyzer indicates your BAC is greater than .025%. If you fail your IID test three times over a span of 12 months, the Colorado Department of Revenue Division of Motor Vehicles (DMV) will likely extend your requirements for another year.
You do have the right to defend yourself and request a hearing and contest this IID extension, but the DMV may suspend your license instead, which would prevent you from being able to drive at all.
IIDs May Be Required to Obtain a Restricted License
Even after being convicted of drunk driving, you may be able to obtain a restricted license with the use of an IID so you can regain certain driving privileges. This will allow you to get to work, care for your family members, and other necessary tasks.
You Will Need to Cover the Costs of Your IID
The installation and maintenance costs of your ignition interlock device will be your responsibility. Installation can cost hundreds of dollars. You may also need to pay a monthly fee. If you cannot afford these costs, according to the Colorado Department of Revenue Division of Motor Vehicles, you may qualify for financial assistance if you:
- Were at least 21 years old when you were charged with a DUI
- A resident of Colorado
- A citizen of the United States
- Have no prior DUI convictions on your record
- Are living at the federal poverty level
IID Devices in Colorado Are Camera-Equipped
Your IID will be equipped with a camera. This prevents you from being able to have someone else blow into your breathalyzer. The camera records an image of anyone who breathes into the device. Tricking or tampering with the ignition interlock device is considered a criminal offense, punishable as a Class 2 misdemeanor, which carries fines of up to $750 and as much as 120 days in jail as described by the Colorado General Assembly.
You May Be Able to Get Your IID Removed Early
By following the rules and regulations associated with your ignition interlock device, you may be able to get the IID removed from your vehicle early. According to the Colorado DMV, you could qualify for early IID removal if:
- You remain in compliance with your ignition interlock device rules for a minimum of four months, consecutively
- You were at least 21 years of age when you were arrested for DUI
- You are a first-time DUI offender
- You are a resident of Colorado
- Your BAC test when you were originally arrested for drunk driving was less than .15%
Not everyone will qualify for early IID removal. Individuals who consistently fail breathalyzer tests or have multiple DUI convictions on their record may not meet the eligibility requirements.