When an individual is convicted of a DUI, or has refused a blood alcohol concentration (BAC) test, there is a high probability that they will be required to install an interlock device in their motor vehicle while their license is restricted. In many states, this is the requirement to drive and to earn back full driver’s license privileges.

An ignition interlock is a device that is used to make sure an individual that has a DUI conviction does not drive under the influence during their probationary period. The driver who was convicted of a DUI must pay to have the device installed, and they must pay a monthly rate to keep it in their vehicle. Then when the interlock device is no longer necessary, the driver must again pay to have it removed. It is installed into the steering column of the vehicle and requires the driver to blow into the device like a breathalyzer. Essentially, an ignition interlock is a breathalyzer test, and if there is no alcohol present in the driver’s system the car will start. If the device detects alcohol in the driver’s breath, it will not allow the vehicle to start and will record the failed attempt. Throughout the time the interlock is installed, if a driver tries to start the vehicle with alcohol in their system it is considered a violation of probation and may result in jail time and additional charges.

All 50 states have laws surrounding ignition interlock devices, which means they require them after a DUI conviction. A good majority of the interlock regulations apply even to first-time offenders. So generally speaking, there is no way to NOT be required to install an interlock device after a DUI conviction. However, some states have exceptions to the interlock requirement.

While it isn’t possible to 100% avoid having an interlock device installed in the driver’s vehicle after they are convicted of a DUI, it is possible to have the amount of time it is installed reduced. Therefore, the individual will save money on the monthly cost of the interlock device. The courts will not tell the driver any of this information, therefore it is necessary to have an experienced DUI defense attorney by the driver’s side to ensure they are receiving all the information necessary and give them the best opportunity at minimizing the time the interlock is in the vehicle.

Ignition Interlock Device Exemptions

Not all states offer exemptions to the interlock device, but some do. If an individual can prove that they do not own or do not have access to a vehicle, they will not be required to have an interlock device installed. There may be other exemptions that can apply to the charged individual, but they are determined on a case-by-case basis.

Medical Exemptions

Medical exemptions are not offered in every state, but the best way to find out is to consult with a DUI defense attorney in Colorado Springs. If the individual feels they meet the standards for a medical exemption, their attorney can file for it.

Individuals may qualify for a medical exemption if they have certain medical conditions that prohibit them from properly operating an interlock device. These medical conditions can include but are not limited to:

• Lung cancer
• COPD
• Emphysema
• Lung damage

In order to qualify for the exemption, the individual must have their medical provider fill out a form stating the medical condition and that the interlock will affect the individual's quality of life. This will show that the individual has been examined and has a physical disability that could prevent them from properly operating an interlock device. In most cases, a medical lung capacity test will be conducted to prove this as a minimum sustained breath sample of 1500 ml is required to use the interlock device.

Employer Exemption

This type of exemption is more common throughout the states, as an interlock device can seriously prohibit an individual from completing their job duties, or require them to quit their job. An employer exemption is typically used when the charged individual is required to drive a company vehicle as part of their job. If the company does not want an interlock device installed in their company’s vehicle, they must sign a form stating that they are aware of the DUI charge and they are requesting that no interlock is installed. It must be documented in writing that the employer knows about the DUI charge and the employee’s restricted driving status, but they are still extending permission for the individual to drive the company vehicle.

If the employee receives this exemption, they must have the paperwork on them at all times when on the job. The driver is only allowed to operate the vehicle for work. There is no exception to this rule. They must also have their own vehicle with an interlock installed in it, and they cannot use the company vehicle to travel to and from work or for any personal business. There are severe penalties associated with violating the rules associated with an employer exemption.

In some cases, employers will require an interlock device in the vehicle after the employee has been charged or convicted of a DUI. The employee must pay the installation, monthly fee, service fees, and removal of the interlock device.

Financial Exemption

This exemption is one of the least common exemptions related to interlock devices. It simply means, if the individual does not own a vehicle, they do not need to have an interlock device installed. However, this then prohibits the individual from borrowing or leasing a vehicle as they cannot drive any type of motor vehicle without an interlock device already installed. If the individual buys a car during their restricted license period, they must have an interlock installed.

In circumstances where the individual is facing financial hardship, and share a vehicle with another household member, an interlock device is still required. A plethora of states have financial assistance programs to help assist those convicted of a DUI with paying for their interlock devices and service fees. In most cases, the individual must be receiving some sort of government assistance to meet the criteria for a financial exemption.

Reduce Required Interlock Device Duration

Although it is very hard to qualify for an exemption, there are ways to have the required amount of time an interlock needs to be installed reduced. There are seven simple steps to follow to achieve having an interlock taken out early.

Meet The Requirements

There are specific requirements for an individual to request having their interlock device removed from their vehicle early. The criteria they must meet include:

• Being a first-time offender
• BAC at the time of arrest was less than .15%
• Under 21 at the time DUI was issued
• Colorado resident
• Complied with an interlock device for at least 4 months

Any individual who has repeat DUI convictions or persistent drunk driver convictions cannot have their interlock devices removed early.

Don’t Violate Interlock Device For 4 Months

Colorado’s first DUI conviction results in a 9-month suspension of a driver’s license. After one month, defendants can resume driving on a restricted license if they have an interlock device installed in their vehicle. Once the defendant drives the car for 4 months while fulling complying with the interlock device, they can apply for early removal. In order to be in full compliance with an interlock device the individual must:

• Not tamper with the interlock device
• Have no failed breath tests (BAC over .025%)

It’s important to note that the 4-month period will begin the day the interlock device restricted license is obtained. This can be several days after the interlock device was installed.

Request A Compliance Letter

Once the 4-month period has passed and the driver was in full compliance the entire time, they can request a letter from the interlock device company stating they were in full compliance. In Colorado, the driver must request that the compliance letter be faxed to the Colorado DMV as a letter of compliance immediately. In some circumstances, the driver will need to call the interlock company to remind them to fax the compliance letter. This happens because they make money off of having the interlock device installed in the vehicle, therefore they are in no rush to notify the court of the driver’s full compliance, and qualify for early removal.

Wait For Removal Letter

When the DMV receives the compliance letter from the interlock device company, they will process it and mail the defendant the removal letter. These removal letters are typically sent out at the end of the week. If a defendant wants to check on the status of their removal letter, they can contact the DMV Interlock Department during business hours at 303-205-5613.

Most of the time the DMV will send a removal letter without any hiccups. Sometimes, however, it can be difficult, and the defendant should hire a reputable attorney to make sure the removal letter is sent. The DUI defense attorney can request a DMV hearing which will essentially be a mini hearing where the defendant and their lawyer will provide evidence of interlock device compliance.

Renew License At DMV

Once the defendant receives their removal letter from the DMV, they can go to their local DMV and apply for full reinstatement of their driving privileges. They will need to bring the original removal letter with them, and bringing a copy of the compliance letter never hurts.

Remove Interlock Device

Once the driver has their full driving privileges reinstated by the DMV, they can have their interlock device removed. The device cannot be removed by the driver, it must be removed by the company that installed the interlock device.

Cancel SR22 Insurance

Once the defendant has their compliance and removal letter and their driver’s license reinstated, they may be able to cancel their SR22 insurance. This can only happen if the DUI was not associated with an accident. If the DUI resulted in an accident, the individual must have SR22 insurance for at least 3 years. The best way to determine whether or not an individual needs to keep their SR22 insurance is to speak to a qualified attorney.

Contact An Experienced DUI Defense Attorney Near You

If you have been charged with a DUI offense, and wish to have your interlock device removed early, the best way to do so is to contact an experienced DUI defense attorney near you. Our group of dedicated and knowledgeable DUI attorneys know exactly how an interlock can negatively impact any individual’s life. Therefore we are well versed and up to date on everything surrounding DUI charges and the process following those charges.