What to Know About Ignition Interlock Device Requirements After a DUI

If you are convicted of driving under the influence (DUI) in Colorado, you may be required to have an ignition interlock device (IID) installed in order to continue driving on a restricted license. For first-time DUI convictions, an ignition interlock device is typically required for 9 months if you had a blood alcohol concentration (BAC) of less than 0.15 percent but at or above 0.08 percent. The IID is required for 2 years for a first-time DUI with a BAC of 0.15 percent or higher. Ignition interlock devices are required for lengthier periods for subsequent offenders, and there is a mandatory 2-year interlock requirement for anyone who refuses a chemical test.

After a DUI conviction, there are several important things to know about your responsibilities with an ignition interlock device requirements and the additional criminal penalties you could face if you do not remain in compliance. Our Colorado DUI defense lawyers can explain in more detail, and we can speak with you about defense options if you violate one of the IID requirements under Colorado law.

Tampering with an IID is a Criminal Offense 

If you are required to have an ignition interlock device in your vehicle due to a restricted license from a DUI conviction and you tamper with the IID, you can be arrested and face additional criminal charges. Tampering includes almost any attempt to alter the device or to get around the purpose of the device, including but not limited to:

• Trying to remove the IID;
• Making any alterations to the IID; and/or
• Asking another person to blow into the IID so your vehicle will start for you to drive.

The act of tampering with an ignition interlock device is a class 2 misdemeanor under Colorado law. If you are arrested for tampering with an IID and you are convicted, you will face additional penalties that are on top of the sentence for the DUI. For a class 2 misdemeanor for tampering, you can be sentenced up to 120 days (4 months in jail) and required to pay $750 in fines.

Failing an IID Test to Start Your Car 

If you blow into your IID device and it fails to start because you have a BAC of more than 0.025 percent (i.e., if you have been drinking any alcohol), you can face additional penalties to your DUI sentence. The device will provide you a 30 minute window to provide a clear sample to avoid false positives, but if you fail to produce a sample below .025 within the 30 minute window, it will be reported to the DMV. To be clear, you will not be facing additional criminal charges as you will for tampering with an IID, but your original DUI sentence could be revoked and/or extended with a possible revocation of your restricted license or extension of the interlock requirement period.

Contact Our Denver DUI Defense Lawyer 

Were you arrested for violating a law concerning the use of an ignition interlock device? If so, it is essential to seek help from a lawyer. You may be facing additional misdemeanor charges for an IID-related violation, which can carry jail time and additional monetary fines. Do not wait to get in touch with one of the experienced DUI defense attorneys in Denver and Brighton at DeChant Law for assistance with your defense. Contact our firm today to learn more about the wide-ranging DUI defense services we provide to clients in Colorado.

Sources:

dmv.colorado.gov/ignition-interlock-restricted-license

codes.findlaw.com/co/title-42-vehicles-and-traffic/co-rev-st-sect-42-2-132-5/