Understanding DUI and an ignition interlock device in Colorado

by | May 21, 2020 | Dui

When there is a conviction for driving under the influence of alcohol in Colorado, there are a variety of penalties that will be assessed. These can include fines, jail time, losing a driver’s license to a suspension and the possibility that an ignition interlock device will be ordered. An ignition interlock device measures a driver’s blood-alcohol content when starting the vehicle and will intermittently require the driver blow into the machine to ensure he or she was not drinking from the time the vehicle was turned on. There are important points to remember about an ignition interlock device. For issues related to it, its installation and use, having legal advice may be needed.

If there is a first conviction for DUI or it is a per se conviction, the driver might have his or her driver’s license reinstated after one month if they have a two-year interlock agreement and their BAC was higher than 0.15%. If it was a lower BAC, that would be for an eight-month agreement. With a first conviction for per se alone, it can be for eight months. With a second per se, it will be required to have the device for two years. For those who are convicted of refusing to submit to a breath test, there will be a two-year interlock requirement. There can be an early reinstatement after two months with a two-year interlock whether it is a first, second or third incident of refusal.

Some drivers are accused of circumventing the device or driving a vehicle without it. This will lead to a driver’s license revocation for a minimum of one year. The device must be serviced every 60 days. Failing to have it serviced can also result in the driver’s license being suspended until the service requirement is completed. A cancellation of the agreement with the provider of the device will result in a suspension until a new agreement is made. If the device detects alcohol within three of 12 consecutive months, there could be a suspension and the time for which the device is required could be extended for up to one year.

An ignition interlock device is just one of the potential ramifications for a DUI conviction. People who are arrested and charges should formulate a vigorous defense immediately. If they have already been convicted and are facing other charges and suspensions due to problems related to the device and its application, it is wise to have legal advice for that too. A law firm experienced in all areas of DUI defense should be called for a consultation on how to move forward.