If you are convicted of DUI in Colorado, you will be subject to a number of criminal penalties, including the potential for jail time. However, it does come with restrictions regarding a driver's driving privileges, including the requirement that an Interlock device must be installed in the vehicle. Despite the fact that an Interlock-restricted license is better than being unable to drive at all, it remains a costly, frustrating, and embarrassing complication.
Having an ignition interlock device installed in a vehicle is mandatory after being convicted of a DUI in Colorado. There are strict rules and regulations that surround the use of an ignition interlock device, and they must be followed otherwise the convicted individual could face additional penalties on top of the ones they received for their DUI. The best way to learn and understand all the rules and regulations surrounding an interlock device is to contact a Colorado Springs criminal defense lawyer.
What Is An Ignition Interlock Device?
The ignition interlock device, or IID, is a device that tests breath alcohol levels. An individual who is convicted of a DUI in Colorado must have one installed in their motor vehicle. A breath sample containing no alcohol is required before the car can be started. To keep the vehicle in motion, the device also requires alcohol-free breath samples. A device such as this is designed to prevent the convicted offender from driving under the influence of alcohol.
The IID is a portable chemical device that measures the blood alcohol concentration of an individual. They are located in the steering column of a vehicle and are equipped with a cord that extends from the device. It is then connected to a device that may be mounted on the dashboard or center console of a vehicle. The ignition interlock device requires a breath sample in order to start the car. Alcohol must not be present in the breath sample. The IID will allow the individual to start the car normally if they do not have any alcohol in their system. However, the IID will prevent the car from starting if any trace of alcohol is detected in the breath sample.
Once the vehicle is in motion, the IID may continue to request ongoing breath samples. These tests are referred to as random retests. A random retest requires drivers to provide a breath sample within 4 to 6 minutes. During the random retest, the IID will tell the individual they need to pull over and switch off the vehicle if a sample contains alcohol. There are some IIDs that cause the car’s horn to beep and lights to flash until the vehicle is turned off.
There are two reasons why Colorado requires random retests:
- As a precaution to ensure that drivers do not drink alcohol while driving
- To prevent drivers from using a sober person to provide the breath sample that initiates the ignition.
Does An Interlock Ignition Device Cost Money?
Yes, as part of the ignition interlock device requirement after being convicted of a DUI, drivers must pay to have one installed in their vehicle and then must pay the monthly rental fee for the device. Essentially, those convicted of a DUI in Colorado are responsible for installing and maintaining an ignition interlock device. The costs associated with installing and maintaining an interlock ignition device depend on the company that provides it. Typically, it costs:
- Between $70 and $200 to install the interlock ignition device
- Between $60 and $90 per month to maintain the ignition interlock device
When an interlock device needs to be serviced, it will need to be brought into the company for calibrations.
If an individual convicted of a DUI in Colorado cannot afford the cost of installing or maintaining their required interlock device, there are financial assistance programs available. In order to qualify for assistance, convicted DUI offenders must:
- Be a citizen of the US
- Be a first-time offender or designated as a persistent drunk
- Be a resident of Colorado
- Be over the age of 21 at the time of arrest for the DUI
- Provide state tax returns that prove the individual’s income is close to Poverty Guidelines
Tampering With An Ignition Interlock Device
A Colorado ignition interlock device that is tampered with may result in the revocation of the driver’s restricted license. The license will then be suspended for the remainder of the time the ignition interlock device was originally supposed to be placed.
Tampering or removing an ignition interlock device will not only have an individual stripped of their driving privileges but it is also considered to be a Class 2 misdemeanor. This means that if an individual tampers with an interlock device, they could face criminal penalties such as:
- Up to 120 days in jail
- Up to $750 in fines
Tampering with an ignition interlock device can be conducted in several different forms including:
- Rewiring it so the device cannot stop the car from running
- Removing the device entirely from the vehicle
- Having someone else provide a breath sample to start the vehicle
These days, many ignition interlock devices have cameras installed on them. This is to prevent an individual from having a friend or another individual provide the breath sample for them. If any form of tampering occurs, the driver will be considered to be in violation of their probation and terms of the court agreement. If this occurs, contacting an experienced Colorado Springs DUI lawyer near you is imperative, otherwise, the driver could be facing serious consequences, especially if they have a suspended sentence hanging over their head.
Contact An Experienced Colorado Springs DUI Lawyer Near You For Ignition Interlock Device Information
DUI cases can benefit greatly from the help of an experienced and dedicated Colorado Springs DUI attorney. A strong legal defense can help determine whether field sobriety tests were administered correctly and evaluate the evidence against you. First-time offenders might also be able to reduce penalties, such as the length of time that they are required to have an interlock device, by working with an experienced DUI lawyer.
