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The information on Interlock Restricted driver’s licenses with the Colorado Department of Revenue, Department of Motor Vehicles (DMV) after a DUI, DWAI, or a revocation or suspension related to drunk driving or drinking and driving charge below is provided as a convenience for people that are attempting to get their driver’s license reinstated.  The information below is not legal advice and cannot be deemed legal advice.  Because the laws for DUI, DWAI, or any related drinking and driving offense change on a regular basis, a person is strongly encourage to research the laws through the Colorado Statutes, laws, rules and regulations for any changes or hire a lawyer that is familiar with the DUI laws of Colorado.  The Law Firm of Black & Graham, LLC has 4 attorneys that provide criminal defense for drinking and driving related offenses, also known as DUI, DWAIDWI, drunk driving, driving under the influence of alcohol, driving under the influence of drugs, or both alcohol and drugs.  This law firm provides free consultations for persons with criminal charges under Colorado law.

 

Interlock Restricted License

The Ignition Interlock device, also known as the blow-and-go in street terms, is a device that is installed in motor vehicles to prevent people that have a had a revoked license related to drinking and driving.  The interlock device requires the driver’s breath sample before the engine will start and the driver is periodically obligated to provide breath samples while driving.  If the device senses that the driver has alcohol on his or her breath, the vehicle will not start.  Drivers who have lost their driver’s license due to drunk driving, DUI, DWAI in this section will be allowed to reinstate their driver’s license only with a restricted license that limits their driving to vehicles with an approved Ignition Interlock device.

 

Any Interlock restricted driver who either drives a non-equipped vehicle or attempts to evade the normal use of the device will face a charge for driving without the required interlock device and also additional driver’s license consequences.  The criminal statute for violation of the interlock device limits the available plea offers that can be reached and carries up to 18 months in jail.  Also, the driver’s license consequences will result in another revocation which includes a penalty of no driving for at least 1 year. 

The Ignition interlock device must be examined by a licensed provider at least every 60 days. Failure to have the device examined every 60 days exposes the ignition interlock required driver to a driver’s license suspension with no driving until that driver comes back into compliance. The DMV will suspend the driving privileges of any driver who is required to have an IID and cancels his or her IID lease agreement prior to the end of the IID required period.

 

 If the device detects alcohol on the driver in three of any twelve consecutive months, the interlock restricted driver must keep the interlock device and be under the interlock restriction for an additional year.

Some individuals subject to driving restraints related to DUI, drunk driving, or other drinking and driving issues may be allowed to reinstate their driving privileges ahead of their normal eligibility date if they participate in the Ignition Interlock program. To learn more about how to regain your license with an ignition interlock device, please visit http://www.intoxalock.com/colorado.

Persons who are required to drive with an ignition interlock device per Colorado Revised Statute 42-2-132.5

 

  1. A person who has been revoked for multiple convictions for DUI, DUI per se, or DWAI under Colorado revised statute 42-2-125 will be required to have an interlock for 2 years, which includes:

 

42-2-125 (1) (g) (I) persons convicted twice of any combination of DUI, DUI per se, or DWAI in the past 5 years, or,

 

42-2-125 (1) (i) persons convicted of DUI, DUI per se, DWAI and has two previous convictions of such offense in their entire lifetime, but must complete drug and alcohol education and treatment, demonstrated knowledge of the driving laws, but in no event will receive a license in less than 2 years.

 

  1. When a license has been revoked for excess BAC under Colorado Revised Statute 42-2-126 which covers:

 

42-2-126 A revocation based on an administrative hearing where such driver’s BAC was .15 or more at the time of driving or within 2 hours after driving, and approved for early reinstatement after serving 30 days or revocation requires an 8 month Interlock requirement, or

 

A person who’s driving record indicates the person is a persistent drunk driver under Colorado Revised Statute 42-2-102 (68.5), which defines a persistent drunk driver as a person who:

 

  1.      Has been convicted of or had a driver’s license revoked for 2 or more  

     alcohol related driving convictions;

  1.      Is convicted for driving after being revoked for any alcohol driving  

offenses;

  1. Is convicted of DUI per se when the driver’s BAC is .15 or more, or;

  2. Refuses to complete a chemical test of the person’s blood, breath, saliva,  

     or urine as required under Colorado Revised Statute 18-3-106 (4) or 18-3-   

205 (4), or 42-4-1301.1 (2).  Alcohol Refusal convictions resulting in the requirement of an ignition interlock device are as follows:  A person revoked for a 1st time refusal will be revoked for 1 year, but can apply for a restricted license after 3 months of revocation completing the remaining months with a restricted interlock device, convicted of a 2nd offense Refusal will have a 1 year interlock requirement after serving 1 year revocation and  who is approved for early reinstatement.  A person convicted of a 3rd or more refusal offense will have a 2 year interlock requirement after serving 1 year revocation and who is approved for early reinstatement.


 

  1. A person who has been revoked as a habitual offender under Colorado Revised Statute 42-2-201will be required to have a 4 year interlock device after 1 year of revocation if the revocation was due in part to a DUI, DUI per se, or DWAI conviction as defined in Colorado Revised Statute 42-2-202 which defines a habitual offender as:

 

  1. A person who has been convicted for separate offenses in section (2) below, during a seven-year period or during a five-year period in section (3) below, but not 2 in one day;

  2. Three or more convictions for any combination of (I) DUI; DUI per se; DWAI; (II) reckless driving; (III) driving while denied, suspended, revoked; (IV) knowingly making a false affidavit or swearing or affirming falsely to any matter required by the motor vehicle laws; (V) Vehicular assault or vehicular homicide, manslaughter, or criminal negligent homicide from the operation of a motor vehicle, or aggravated motor vehicle theft: (VI) failure to perform duties required when involved in an accident under Colorado Revised Statute 42-4-1601.

  3. Ten or more convictions within five years involving moving violations which have a point assessment with four or more points each or eighteen or more convictions in a period of five years involving moving violations with three or less points.

 

  1. A person who has been revoked for violation of the requirement to have an interlock device through a conviction or administrative record.

 

Drivers who wish to apply and qualify to DMV for early driving privileges must be Colorado residents, currently have their driving privilege revoked for a 1st DUI Per Se, DUI, or drunk driving conviction and have already served at least 30 days for the alcohol related restraint; or currently have their driving privilege revoked for an drunk driving related restraint that is longer than a year in length and have already served at least one year for the drunk driving related restraint.  The driver must have satisfied all reinstatement requirements (other than time length of restriction).

DMV is solely responsible for determining whether or not a driver is eligible for early reinstatement with the Interlock device after a DUI, drunk driving revocation. The Driver Services Section of DMV will make this determination and the criminal courts have nothing to do with this determination. If you would like to find out whether or not you qualify for early reinstatement you may call Driver Services at 303 205-5613 and request examination of your driving record and current status for early reinstatement. The result of the investigation will be available within 2 business days. Drivers must call DMV back to find out if they are appropriate for early reinstatement and what their eligibility date is.