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.
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3. Does everyone convicted of DUI need to get an IID?
Only if the defendant wants to get an IID-restricted driver’s license. Defendants who choose not to drive during their license suspension period do not need an IID.
4. How long do I need to have an IID?
It depends on the specific Colorado DUI charge. People convicted of a 1st time DUI in Colorado get a nine-month license suspension. But they may resume driving immediately with an IID. And if they drive for four months straight without incident, they may be able to get the IID removed early.
5. What happens if I tamper with the IID?
The DMV may revoke the defendant’s restricted driver’s license. This means the defendant will be unable to drive at all during the suspension period.
Tampering with an IID is a class 2 misdemeanor in Colorado under CRS 42-2-132.5. Penalties include up to 120 days in jail and/or up to $750 in fines.
“Tampering” with an IID comprises such actions as:
Removing the device from the vehicle;
Rewiring the device so it does not prevent the car from running;
Using another person’s breath sample;
Helping a DUI defendant to avoid using the device
Most IIDs have cameras and log every breath sample. And this information can come in as evidence against tampering suspects.
(Prior to March 1, 2022, tampering with an IID was a class 1 misdemeanor carrying at least 6 months in jail and/or $500 in fines. SB21-271)
6. How do IIDs work?
IIDs are small breathalyzer devices attached to a car’s steering wheel. They prevent a car from starting if they detect alcohol in the driver’s breath.
IIDs continue to demand random breath samples while the car is in motion. Drivers usually have four to six minutes to provide the sample. If it detects alcohol, it will instruct the driver to pull over and turn off the vehicle. In some cases, the car’s lights will flash and the horn will sound until the vehicle turns off.
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.