An ignition interlock device (IID) is a critical tool in Colorado's efforts to prevent drunk driving and enhance road safety. It plays a significant role in the state's approach to managing drivers convicted of driving under the influence (DUI) or driving while ability impaired (DWAI).
This article looks into how an ignition interlock device works, its application under Colorado law, and the broader implications for drivers.
Understanding Ignition Interlock Devices
An ignition interlock device is a breathalyzer that's installed in a vehicle to prevent its operation if the driver has consumed alcohol. The primary purpose of the IID is to make sure that individuals convicted of DUI or similar offenses don't drive while impaired, thus reducing the risk of repeat offenses and enhancing public safety.
Components and Functionality
An IID typically consists of the following components:
Breath sensor: The core component that measures the alcohol concentration in a driver’s breath.
Control module: The device’s brain, which analyzes the breath sample and determines whether it meets the legal threshold for alcohol.
Data logging system: Records the test results and any attempts to tamper with the device.
Visual display and keypad: Allows the driver to interact with the device, enter required information, and view instructions.
How It Works
The ignition interlock device operates in a few key steps:
Initial breath test: Before starting the vehicle, the driver must provide a breath sample. The device analyzes the sample to determine the blood alcohol concentration (BAC).
Starting the vehicle: If the BAC is below the preset limit (usually 0.02% in Colorado), the vehicle will start. If the BAC exceeds the limit, the vehicle remains immobilized.
Random retests: While the vehicle is in operation, the IID will require additional breath samples at random intervals to make sure the driver remains sober.
Data recording: The device records all test results, attempts to bypass the system, and any violations. This data is periodically reviewed by a monitoring authority.
Legal Requirements and Implementation in Colorado
In Colorado, the use of ignition interlock devices is governed by state law and regulations. Key legislative provisions include:
Colorado Revised Statutes (C.R.S.) § 42-2-132.5: This statute mandates the installation of an IID for certain DUI offenders and outlines the requirements for the device’s use.
Colorado Department of Revenue, Division of Motor Vehicles (DMV): Regulates the IID program, including licensing of service providers and oversight of device installation and maintenance.
When Is an IID Required?
In Colorado, a judge may mandate the installation of an IID under various circumstances. Those convicted of DUI may be required to install an IID as part of their sentencing, particularly if they're facing a restricted license or probation.
Repeat offenders are more likely to be mandated to use an IID as part of their rehabilitation and monitoring. IID installation may also be a condition of probation for individuals convicted of DUI or DWAI offenses. Reach out to a criminal defense attorney for more information on why an IID may be required for your vehicle.
IID Installation and Maintenance
Only licensed and approved IID installation providers are authorized to install the devices. The installation must be performed by a trained technician to verify proper functionality. Typically, the device is installed in a discreet location within the vehicle, usually near the steering column or dashboard.
The IID must be calibrated regularly to determine accuracy. Calibration is usually required every 30 to 60 days. Drivers are also required to visit the IID service provider regularly for maintenance checks, data downloads, and to address any issues with the device.
The IID Monitoring and Compliance Process
The IID records various types of data, including:
Records of all breath tests, including those that pass and fail
Attempts to bypass or tamper with the device, such as covering the breath sensor or using another person’s breath
Information from regular maintenance and calibration visits
If you have any questions or concerns about your IID monitoring and compliance, don't hesitate to reach out to an experienced DUI attorney.
Monitoring Authority
The data collected by the IID is reviewed by:
Service providers: They perform routine checks and provide reports on the driver’s compliance with the IID requirements.
Probation officers and courts: They review the data to make sure the driver adheres to the conditions of their probation or court order.
Consequences of Non-Compliance
Non-compliance with IID requirements can result in various consequences. Service providers will report any violations or failures to comply with IID requirements to the relevant authorities. Continued non-compliance can lead to extended license suspension or additional penalties. Drivers may face legal repercussions, including potential jail time or additional fines if they don't adhere to IID requirements.
Benefits and Challenges of Using an IID
There are several benefits to using an IID. IID programs are associated with a reduction in repeat DUI offenses, contributing to overall road safety. The presence of an IID can deter individuals from driving under the influence, promoting safer driving habits. By preventing impaired driving, IIDs help reduce the risk of alcohol-related accidents and fatalities.
However, some challenges can be attributed to IIDs. The installation, maintenance, and calibration of IIDs can be costly for individuals, potentially creating financial burdens. Regular breath tests and service visits can be inconvenient and disruptive to daily life. The collection and reporting of data, including breath test results and tampering attempts, may raise privacy concerns for some individuals.
Alternatives to IIDs and Complementary Measures
In addition to IIDs, Colorado offers other programs and measures to address impaired driving. For some offenders, participation in substance abuse treatment programs may be required or recommended. Educational programs that focus on the consequences of impaired driving and strategies for avoiding future offenses.
Law enforcement may conduct sobriety checkpoints to deter impaired driving and identify individuals driving under the influence. Campaigns aimed at increasing public awareness about the dangers of drunk driving and promoting responsible behavior.
Legal and Practical Considerations
Drivers facing IID requirements should seek legal advice to understand their obligations and rights:
Legal counsel: A DUI attorney can provide guidance on complying with IID requirements and handling the legal process.
Understanding your rights: Knowing what is required and the potential implications of non-compliance is crucial for managing the IID process effectively.
Adhere to the scheduled maintenance and calibration to avoid compliance issues and make sure the device functions correctly. Keep the device clean and free from obstructions to verify accurate readings. Maintain records of service visits and communications with IID service providers to track compliance.
Contact a DUI Attorney Today
Ignition interlock devices play a vital role in Colorado's strategy to combat impaired driving and enhance road safety. By understanding how IIDs work, the legal requirements surrounding their use, and the benefits and challenges associated with them, drivers can better handle the challenges of DUI enforcement.
From installation and maintenance to legal implications and future developments, the IID program represents a critical component of Colorado’s approach to preventing repeat offenses and promoting responsible driving behavior. Drivers required to use an IID should remain informed about their obligations, seek legal and practical advice, and comply with all requirements to verify successful program participation and contribute to safer roadways.
If you're in need of a DUI attorney, The Law Office of Christopher H. Cessna is there for you. Christopher Cessna is a certified DUI expert and has 20 years of experience serving clients throughout Arvada, Denver, Lakewood, Wheat Ridge, Berkley, Westminster, Sherrelwood, Aurora, and beyond. Contact him today to schedule a consultation.
