Suppose you are arrested for driving under the influence in Colorado. In that case, you may have to install an ignition interlock device (IID) in your motor vehicle as a condition to drive again.

An ignition interlock device is a breathalyzer that disables your car if you have a blood alcohol content (BAC) of .025% or more. If you fail three IID tests in a year, the Colorado DMV may extend your license suspension and require you to drive with an IID for an additional year.

Below, our Colorado DUI attorneys will discuss six IID rules that defendants should know:

1. Is an IID necessary to get a restricted license?

Drunk driving defendants who wish to regain driving privileges early can apply for a restricted license with an IID. You are usually eligible for a restricted license immediately.

Note that you can be required to get a restricted license even if you avoid a DUI conviction. The DMV case is separate from the criminal case, and you can win the criminal case and still lose the DMV hearing.

Also, state DUI law requires that an approved Colorado ignition interlock device provider install the IID. You may not buy one online and install it yourself. Four common interlock providers include:

• Smart Start,
• Intoxalock,
• Guardian, and
• LifeSafer.

Only an approved provider can remove the IID as well.¹

2. Does failing three breath tests trigger a one-year IID extension?

Yes. Your ignition interlock device allows you to operate your car only if your blood alcohol content (BAC) is below 0.025%. For every three breath tests that you fail in a 12-month period, the Colorado DMV will extend your interlock requirement for an additional year.

You are entitled to a DMV hearing to contest the extension of the interlock restriction. And if you choose not to extend the lease on your IID, the DMV will suspend your license instead – preventing you from driving at all during the suspension period.²

Colorado DUI defendants may be able to shorten their license suspension by getting an IID.

3. Is tampering with an IID a crime?

If you are caught tampering with your ignition interlock device, you will get your restricted license revoked by the Colorado DMV. You will then have to serve the remainder of the license revocation without driving at all.

Tampering is also a class 2 misdemeanor charge in Colorado under CRS 42-2-132.5. A conviction carries up to 120 days in jail and/or up to $750 in fines.

Tampering comprises removing the IID, altering the IID in any way, having a non-driver provide a breath sample, or violating any other interlock restrictions. Most IIDs have cameras, so people who try to outsmart the device will have their actions documented on film.³

4. Do I have to pay for the IID?

Restricted license holders in Colorado are responsible for paying the costs of installing and maintaining the ignition interlock device. In general, interlock lease agreements cost up to $200 for the installation and up to $90 a month to maintain (bringing the car to the provider for regular calibrations).

However, you may be eligible for financial assistance to get an IID if you are:

• A first-time DUI offender or designated as a persistent drunk driver (PDD);
• A U.S. citizen;
• A Colorado resident;
• At least 21 at the time of the DUI; and
• At the poverty level as shown by state tax returns.⁴

See our related article, How much does an interlock cost in Colorado?

5. Is early IID removal possible?

You may be able to get your IID removed early if you:

1. Are a first-time offender of DUI;
2. Had a blood alcohol content (BAC) of less than 0.15% as measured by the DUI chemical test;
3. Were at least 21 at the time of the DUI;
4. Are a Colorado resident; and
5. Were in full compliance with all ignition interlock requirements for four consecutive months.

Therefore, people with repeat DUI offenses or persistent drunk drivers have no eligibility for early reinstatement of their driver’s license.⁵

6. Do IID devices in Colorado come with a camera?

Yes. IID devices are equipped with a camera that takes an image of the person providing the breath sample to the device. This way, the camera will record whether you are trying to trick the IID by having someone else blow into it.

As discussed above, trying to outsmart the IID will revoke your restricted license. Plus you face class 2 misdemeanor charges carrying up to 120 days in jail and/or up to $750 in fines.⁶

Additional resources

For more information, refer to these Colorado DMV websites:

• Ignition Interlock Restricted License
• Early Reinstatement (Interlock)
• Approved Interlock Vendors
• Financial Assistance for Ignition Interlock
• SR-22 and Insurance Information

Legal References