Suppose you are arrested for driving under the influence in Colorado. You may then 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 you should know:
1. Is an IID necessary to get a restricted license?
Yes. If a DUI causes your Colorado driver’s license to be revoked and you wish to drive, you must apply for a restricted license with an IID. You are usually eligible for a restricted license immediately. (Prior to September 1, 2022, the DMV required you to wait at least one month before you could drive with an IID.)
Note that you can be required to get a restricted license even if you avoid a DUI conviction. Your DMV case is separate from your 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 your 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
Note that before you get an IID, the court may also require you to submit to an alcohol assessment. You may also be required to obtain SR-22 insurance.
2. What if I fail an IID breath test?
Your ignition interlock device allows you to operate your car only if your blood alcohol content (BAC) is below 0.025%. Depending on your case, failing even one time could cause your probation and restricted license to be revoked.
Otherwise, 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. If you choose not to extend your IID lease for that additional year, the DMV will revoke your license instead – preventing you from driving at all during the revocation period.2
Note you are always entitled to a DMV hearing to contest the extension of an interlock restriction.
3. What happens if I tamper with the IID?
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 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 if you try to outsmart the device, you will have your actions documented on film.
Tampering is also a class 2 misdemeanor under CRS 42-2-132.5, carrying up to 120 days in jail and/or up to $750 in fines.3 This is in addition to any penalties you may have for the underlying DUI conviction, as the following table shows:
DUI Offense | Colorado Penalties |
First-time DUI or DUI per se | Misdemeanor:
If your blood alcohol concentration (BAC) was at least 0.15%, you are labeled as a persistent drunk driver (PDD) and sentenced as a repeat-DUI offender. |
Second-time DUI or DUI per se | Misdemeanor:
|
Third-time DUI or DUI per se | Misdemeanor:
|
Fourth or subsequent DUI or DUI per se | Class 4 Felony:
|
4. Do I have to pay for the IID?
Yes. If you have an IID-restricted license, you 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 (“indigent”) 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:
- Are a first-time offender of DUI;
- Had a blood alcohol content (BAC) of less than 0.15% as measured by the DUI chemical test;
- Were at least 21 at the time of the DUI;
- Are a Colorado resident; and
- Were in full compliance with all ignition interlock requirements for four consecutive months.
A first-time DUI typically triggers a nine-month-long license revocation. Therefore if you use the IID perfectly for the first four months, you can then get the IID removed five months earlier than you could have otherwise.
If you are a repeat DUI offender or a persistent drunk driver, you are never eligible for an early IID removal.5
6. Do IID devices in Colorado come with a camera?
Yes. IID devices are equipped with a camera that takes an image of you while providing a 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 tampering 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 – Overview of how you can continue driving with an IID in your car.
- Early Reinstatement (Interlock) – How you can get your IID removed early.
- Approved Interlock Vendors – List of where you can get IIDs recognized by the courts.
- Financial Assistance for Ignition Interlock – Information on how to get financial help to pay for IIDs.
- SR-22 and Insurance Information – Current laws on when you need proof of financial responsibility and for how long.
Legal References
- Approved Interlock Devices, Colorado Department of Revenue, Division of Motor Vehicles.
- CRS 42-2-132.5. Ignition Interlock Restricted License, Colorado DMV. SB21-055.
- C.R.S. § 42-2-132.5(11). Prior to March 1, 2022, tampering with an IID was a class 1 misdemeanor carrying a minimum of 6 months in jail and/or fines of up to $500. SB21-271.
- Financial Assistance for Ignition Interlock, Colorado DMV.
- Interlock, Colorado DMV.
- See note 3.