Interlock

Only those interlock drivers who start with an eight month interlock requirement are potentially eligible for early reinstatement.  If you reinstated early on a first time alcohol offense, your chemical test result was less than 0.150, and if you completed four months of successful driving, the Division of Motor Vehicles will send you a letter indicating that you qualify to have your interlock removed early.

Successful driving is defined pursuant to C.R.S. §42-2-132.5(4)(II)(B) and provides for early release from the interlock, “. . . if the department’s monthly monitoring reports . . . show that, for four consecutive monthly reporting periods, the approved ignition interlock device did not interrupt or prevent the normal operation of the motor vehicle due to an excessive breath alcohol content or did not detect that there has been tampering with the device, there have been no other reports of circumvention or tampering, and there are no grounds to extend the restriction. . .”

If you believe you qualify for the early removal of your interlock device, you may request a hearing by contacting the Hearings Division at 303-205-5606 or emailing  dor_info_hearings@state.co.us.

The DMV will evaluate your account and either allow the early removal or send your reports to the Hearings Division and you prior to your hearing.

If you have an interlock-restricted license, you may face additional departmental actions if:

1. Your interlock provider sends reports to the DMV that the interlock device prevented or interrupted the normal operation of your vehicle in three of any twelve consecutive months with a BAC report of .025 or greater (See “Excess Breath Alcohol Content”)

          OR

2. There is evidence submitted to the DMV that you circumvented the device (See “Interlock Circumvention or Tampering”).

While you are the holder of an interlock-restricted license, you must keep the device and comply with the DMV and legal requirements.

Legal Authority: C.R.S. § 42-2-132.5

Your driving privileges may be revoked for circumventing or tampering with your interlock device under two circumstances:

1. A conviction for circumventing/tampering with an interlock device.
   1. If you are convicted of tampering with your interlock device in a criminal case, your driving privileges shall be revoked once the court notifies the Division of Motor Vehicles (DMV) of that conviction.
   2. You may request a hearing, but if the action is based upon a conviction the only issue at the hearing is whether the conviction was correctly reported by the court to the DMV.
2. Sufficient evidence showing circumvention or attempted circumvention of the interlock device.
   1. Reports from a police agency or your interlock provider may be used to show that you circumvented or attempted to circumvent the interlock device, such as by-passing the instrument, having a passenger provide breath samples or getting a new DUI citation while having an interlock restricted license.
   2. In this hearing, a Hearing Officer will review the evidence, as well as any evidence or testimony you would like to submit, to decide if the revocation is required.

A revocation for circumvention or tampering requires a revocation of your license with no driving privileges. The duration of this revocation is either for one year or the time remaining on your original interlock requirement, whichever is longer.

Legal Authority: C.R.S. § 42-2-132.5

If you have Excess Breath Alcohol Content, .025 g/dL or greater, in three or more months over a total of twelve consecutive months, your interlock requirement may be extended by up to an additional year. If you continue to accumulate Excess Breath Alcohol Content after an extension you may receive more than one extension.

The interlock providers approved by the State are obligated to send your interlock usage reports to the DMV on a regular basis. Those reports are analyzed by DMV staff to determine whether you are complying with the interlock restricted license terms or failing to do so. Each time you start your vehicle your breath alcohol content, BAC, is recorded. If the BAC is greater than .025 then you may have a “lockout” or difficulty starting your vehicle or have a waiting period or have to give a second breath sample. The Department is evaluating BAC events.  Some interlock companies may also use the terminology “lockout,” but this is not the same as the legal definition.

Upon a finding that three or more Excess BAC events occur in 3 separate months within a 12 month period, the Department will mail a notice of extension of the interlock requirement. After you receive notice of an extension, you may contact the Hearings Division to request a hearing. Once a hearing is scheduled, the Department will send you a copy of the interlock reports that will be considered at the hearing. The Hearing Officer will review the dates in question with you; receive your evidence and testimony; and then make a determination in regard to whether or not each date is a BAC event. If you have three or more excess BAC events for extension, the Hearing Officer will review aggravating and mitigating factors with you and make a determination in regard to the length of the extension of your interlock requirement.

If you receive a notice of extension from the Department and you do not request a hearing or you agree to extend your interlock lease, the default length of the required lease extension is one year.

Legal Authority: C.R.S. § 42-2-132.5 and 1 CCR 204-30, Rule 11