Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
This means you can get your IID removed five months early if you never:
fail any IID tests by showing a blood alcohol content (BAC) of .025% or higher;
tamper with the IID; and
try to circumvent the IID (such as driving a car without an IID or letting a passenger blow into it instead of you).
Below are the seven steps for getting your IID removed early.
Step 1: Meet the preconditions
As a Colorado DUI defendant, you may be eligible for early removal of your ignition interlock device (IID) if you meet the following criteria:
First-time DUI or DUI per se offender, and your license was suspended for no more than nine months;
Blood alcohol content (BAC) was lower than 0.15%;
At least 21 years old at the time of the DUI;
Colorado residency; and
At least four uninterrupted months of full IID compliance
Repeat DUI offenders and persistent drunk drivers (PDDs) – including drivers whose licenses were revoked for having a BAC ≥ 0.15% – cannot get IIDs removed early. They need to drive with IIDs for at least two years.1
Step 2: Use the IID perfectly for four months
A first-time misdemeanor DUI in Colorado carries a 9-month driver’s license suspension, though you can resume driving immediately with an IID and IID-restricted license.
If you then drive for 4 months (120 days) in full IID compliance, then you can apply for early IID removal. Full IID compliance means:
No tampering, lockouts, or circumventions, and
No failed breath tests (no BAC of 0.025% or higher)
Note that the 4-month time frame begins the day your IID-restricted license is granted. This date (called the “issued date”) may be several days after your IID is actually installed.2
Step 3: Contact the IID company for a compliance letter
Once you drive with the IID without incident for 4 months/120 days, first call the DMV to verify that enough time has gone by to apply for early IID removal. The soonest you can ask for early IID removal is on day 121 after you got your IID-restricted license.
Then call the company that installed your IID and ask them to download your IID reports. You need to request that the IID company fax or email the Colorado DMV a “letter of compliance” (a.k.a. “4PASS letter”) right away.3
First-time DUI offenders may be able to get their IID remove after only four months.
Step 4: Wait to receive the DMV’s removal letter
Once the DMV receives the compliance letter from the IID company, they should mail you a removal letter. In practice, the DMV mails out these letters at the end of the week, but there can be a longer lag time of several weeks. You can call the DMV Interlock Department at 303-205-5613 to check on the status of the letter.4
Step 5: Go to the DMV and get a license
Once you have the DMV’s removal letter in your possession, you can go to the DMV to apply for a full reinstatement of your driving privileges. You should bring the original removal letter with you when you show up at the DMV branch.
Step 6: Have the IID removed
After the DMV reinstates your full driving privileges, only then can you get the IID removed. Though you may not remove the device yourself. You must go to the company that originally installed it.
Step 7: Check if you are eligible to cancel your SR22 insurance
You may be able to cancel your SR22 insurance if it was your first offense, you were not under 21 at the time, and there was no accident. Otherwise, it is mandatory that you have SR22 for at least 3 years. Contact your attorney to check whether you need to keep SR22 insurance in your particular case.5
For more information about IIDs in Colorado, refer to the following:
Same. Note that your IID company issues monthly reports. So you would need four consecutive reports (one for each month) that show no failed start-up attempts to be eligible for early IID removal. If your first report does not span an entire month, then you would need a fifth report to show that you went 120 full days without incident. Even being one half-day short will prevent you from getting early IID removal.
In practice, you may need to call the IID company again to remind them to send the letter. These companies are in zero rush to let the DMV know that their customers are qualified for early removal. The earlier the IIDs get taken out, the less they get paid.
The DMV normally sends a removal letter without any trouble. Though in case they do not, you should contact an attorney. The attorney can then request a DMV Hearing. This is like a small-scale trial where you can show evidence of your IID compliance.
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.