In Colorado, individuals convicted of DUI may be required to install an interlock ignition device (IID) in their vehicles as part of their sentencing. This device is designed to prevent drivers from operating their vehicles if they have consumed alcohol. Upon entering the vehicle, the driver must blow into the device. If alcohol is detected above a predetermined limit, the vehicle will not start.
If you have been charged with DUI in Denver, get legal representation from a dedicated DUI lawyer for interlock violations.
What Is Considered an Ignition Interlock Violation in Colorado?
An IID violation typically occurs when the device records certain activities or behaviors that deviate from mandated requirements. Interlock violations include attempting to start the vehicle with alcohol in your system, failing to complete a required breath test, tampering with or circumventing the device, or failing to comply with scheduled maintenance or calibration appointments.
IID Breath Test Failure: Maximum Violations in a Year
An ignition interlock device (IID) is designed to prevent a vehicle from starting if the driver’s blood alcohol content (BAC) registers at or above 0.025%. If a driver fails three breath tests within a 12-month period, the Colorado Department of Motor Vehicles (DMV) will extend the requirement for an additional year.
This extension serves as a penalty for multiple violations and aims to deter individuals from driving under the influence. However, individuals have the right to contest this extension through a DMV hearing, where they can present evidence and arguments to challenge the decision.
If they choose not to extend the lease on their IID, the DMV may enforce a driver’s license suspension instead. To avoid or mitigate the interlock violation consequences, consult a skilled Denver lawyer for interlock violations.
Tampering with IIDs: Interlock Device Laws and Penalties in Colorado
Immediate License Revocation
If caught tampering with their IID, individuals face immediate revocation of their restricted license by the Colorado Department of Motor Vehicles (DMV). Consequently, they must serve the remainder of their license revocation period without driving.
Class 2 Misdemeanor Charge
Tampering is classified as a class 2 misdemeanor charge under CRS 42-2-132.5 in Colorado. A conviction for tampering carries more severe penalties of up to 120 days in jail and/or fines of up to $750.
Actions Constituting Tampering
Tampering encompasses various actions, including removing or altering the IID, having a non-driver provide a breath sample, or violating any other IID restrictions.
Documentation Through Cameras
The IID device installed may be equipped with cameras, documenting any attempts to manipulate the device. Therefore, individuals attempting to outsmart the IID may find their actions captured on film, resulting in more serious consequences. This is not considered a minor violation.
Restricted Licenses and Ignition Interlock Devices (IIDs) in Colorado
Eligibility for a Restricted License
Individuals charged with drunk driving in Colorado can apply for a restricted license with an Ignition Interlock Device (IID) to regain driving privileges early. Eligibility for a restricted license is typically immediate, allowing individuals to resume driving under specified conditions.
Separate DMV Case
It’s important to recognize that the Department of Motor Vehicles (DMV) case is distinct from the criminal case. Even if individuals avoid a DUI conviction in court, they may still be required to obtain a restricted license through the DMV. Consequently, winning the DMV case does not automatically ensure success in the court hearing.
Eligibility for Early IID Removal in Colorado
- First-time offender of DUI
- Blood alcohol content (BAC) of less than 0.15% as measured by the DUI chemical test
- Age of at least 21 at the time of the DUI
- Residency in Colorado
- Demonstrated full compliance with all ignition interlock requirements for four consecutive months
- Follow regularly scheduled maintenance and calibration of the IID
- Adherence to any reporting requirements
- No instances of tampering with the device or failed breath tests
Defenses Strategies for Interlock Violations: How Colorado DUI Lawyer Richard Huttner Can Defend You
Challenging Accuracy of Interlock Device
Denver DUI lawyer Richard Huttner may investigate and challenge the accuracy and reliability of the IID device itself, including examining maintenance records, calibration procedures, and potential malfunctions that could lead to erroneous results.
Questioning Breath Test Results
Attorney Huttner may scrutinize the circumstances surrounding breath test failures, such as environmental factors, medical conditions, or consumption of substances that could impact test results (false positive readings). Challenging the validity of failed breath tests is vital in defending against interlock violations.
Proving Compliance
In cases of alleged tampering with the IID device, DUI defense attorney Richard Huttner diligently works to demonstrate his client’s compliance with all IID requirements. This may involve presenting evidence of proper maintenance, lack of tampering attempts, and adherence to reporting protocols.
Seeking Expert Testimony
Attorney Huttner may hire expert witnesses, such as forensic toxicologists or IID specialists, to testify to the unreliability of breath test results, potential flaws in the IID device, or explanations for alleged tampering incidents or other alleged major violations.
Negotiating with Prosecution
Richard Huttner utilizes his negotiation skills to seek favorable plea agreements or reduced charges in cases of interlock violations. By advocating for alternative resolutions, he aims to minimize the impact on his clients’ driving privileges and legal records.
Litigating in Court
Defense attorney Huttner leverages his extensive trial experience and knowledge of Colorado DUI laws to challenge the prosecution’s evidence, cross-examine witnesses, and present compelling arguments in support of his clients’ innocence or mitigating circumstances.
Denver’s Leading DUI and Interlock Violation Defense Lawyer is Ready to Fight for You
Facing interlock violation charges can be daunting, but with the Law Office of Richard B. Huttner by your side, you are not alone. Richard Huttner and his team are dedicated to providing relentless advocacy and pursuing defense strategies suited to your situation.
With years of experience defending clients in interlock violation cases, Richard Huttner understands the complexities of Colorado DUI laws and DMV rules. He can fight to protect your rights and avoid or minimize the consequences you face. To schedule a consultation, call the Law Office of Richard B. Huttner today at 303-997-1928 or contact us online.
