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Ignition Interlock Restricted Licenses And Early Reinstatement

2001

The Ignition Interlock is basically a portable breath testing device that is attached to a vehicle’s ignition system. It prevents a person from starting the vehicle after consuming alcohol. It also requires the driver to submit breath samples at random intervals while driving. If alcohol is detected, the vehicle ceases normal operation. The device records all driving attempts, reports all alcohol levels detected and reports attempts at circumventing the device.§

 

Ignition Interlock and Interlock Restricted Licenses

As of January 1, 2001, repeat alcohol offenders are required to have the Ignition Interlock when they reinstate driving privileges. C.R.S. 42-2-132.5. Their reinstated licenses are restricted to the use of vehicles equipped with an Ignition Interlock device for at least the period of one year.

You will be required to have the Ignition Interlock device:

If

And

Early Reinstatement

If your license is revoked for longer than one year due to an alcohol-related driving offense, you may reinstate your driving privileges and receive an Interlock Restricted License after one year of no driving. However, you will be required to keep the Interlock and the Interlock Restricted License for the longer of one year or what would have been the remaining period of your revocation. (See the Interlock Restricted License Chart below.) Also, in order to reinstate, you must have completed all other reinstatement requirements. For most, this means completion of Level II alcohol education and therapy. (Contact Driver Services for a complete listing of your reinstatement requirements.)

Cost

The Interlock driver bears the cost of the device. Providers lease the device to drivers on a monthly basis and providers are free to establish their own schedule of charges. However, each provider must have charges that are the same for all its clients throughout the state. Individual providers can answer questions regarding their schedule of charges. Historically, charges have been approximately $2.00 per day.

In addition to the Interlock installation and monthly lease charges, an Interlock driver is required to maintain SR22 insurance for at least the duration of the Interlock restriction. Your insurance company can provide SR22 cost information.

Vehicle Requirements

The vehicle must be a passenger vehicle in good working order. No motorcycles or commercial motor vehicles will qualify for the Interlock program. Only one driver is allowed per Interlock lease. That driver will be held responsible for any violations reported on that lease, regardless of who actually operates the vehicle during a violation.

Enforcement

Any Interlock restricted driver who either drives a non-equipped vehicle or attempts to circumvent the proper functioning of the device is subject to a license revocation with no driving for at least one year. Any such driver may also be charged with a Class 1 misdemeanor and be subject to a fine and/or jail time on conviction. At the end of the license revocation just described, the driver has to have the Interlock again to reinstate. The Interlock restricted driver may have a hearing on the merits of the revocation for circumventing the device.

The device must be serviced every 60 days. Any Interlock restricted driver who fails to report for device servicing is subject to a license suspension with no driving until that driver comes back into compliance. By the same token, any driver whose Interlock lease is canceled by the provider will be suspended until the driver enters into a new lease agreement.

If the device prevents operation of the vehicle due to detected blood alcohol content in three of any twelve consecutive months, then the Interlock restricted driver must keep the Interlock device and be under the Interlock restriction for an additional year. The Interlock restricted driver is entitled to a hearing on the merits and the duration of the Interlock restriction extension.

Interlock Restricted License Chart

Revocation                          Length                Mandatory?    early rein?       Total time w/ interlock

.02 (1st/2nd/3rd)            3mo/6mo/1yr        No             None               None

.10 (1st/multiple)           3mo/1yr               No              None            None

1st Refusal                   1yr                      No              None            None

2nd Refusal                  2yr                      No              After1yr         1yr

3rd or more Refusal       3yr                     No              After 1yr         2yr

2DD                            1yr                    Yes             None              1yr

[1st Refusal + 2DD]      2yr                     Yes             After1yr           1yr

or 3DD

[1st Refusal + 3DD]      3yr                     Yes             After 1yr            2yr

or [2nd Refusal + 2DD]

[2nd Refusal +3DD]       4yr                    Yes             After 1yr             3yr

or [3rd Refusal + 2DD]

HTO/Alc or                  5yr                     Yes             After 1yr            4yr

[3rd Refusal + 3DD]

Notes:

1. "[…]" denotes Actions that must result from the same driving episode.

2.  Neither an extension of an existing restraint nor a four-year restraint imposed for multiple convictions for driving under an alcohol-related restraint will prevent early reinstatement. C.R.S. § 42-2-138. But, any time remaining under either the extension or the four-year action must be included in the Total Interlock Period. C.R.S. § 42-2-132.5. These actions are not reflected on this chart.

3.  Each driver record is unique. This chart does not show all possible combinations of restraints for Interlock Restricted Licensing.