Ignition Interlock Devices (IIDs) For DACA Recipients, U.S. Legal Residents, and Undocumented Immigrants in Colorado

What is an Ignition Interlock Device (IID), and how does it work for all drivers in Colorado?

An Ignition Interlock Device (IID) is a breathalyzer device that is connected to a motor vehicle’s ignition system. It requires the driver to blow into the device before their vehicle will start. If the breathalyzer detects an alcohol concentration above a preset limit, the vehicle will not start. The IID also requires the driver to re-test their breath sample at random intervals while driving. All drivers convicted of a DUI in Colorado are required to install an approved Ignition Interlock Device in each vehicle operated by the driver for a period of at least 12 months before the driver’s license can be reinstated.

Are there differences in IID requirements based on immigration status in Colorado?

Yes, there are differences in IID requirements based on immigration status in Colorado. The Colorado Department of Revenue requires an Ignition Interlock Device (IID) to be installed on any vehicle owned or operated by an individual convicted of a Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI) offense. However, individuals who are not legally present in the United States may be exempt from the IID requirement due to the inability to obtain a valid driver license. In these cases, an individual must obtain a restricted license that is valid for up to one year to operate a vehicle. The restricted license does not require an IID.

Under what circumstances are IIDs mandated for drivers in Colorado?

In Colorado, a driver may be required to have an ignition interlock device (IID) installed on their vehicle if they are convicted of a DUI (driving under the influence of alcohol or drugs) or DWAI (driving while ability impaired). The driver must have the IID installed in each vehicle they operate, and it will remain in place for one to three years.

Do first-time DUI offenders face different IID requirements than repeat offenders, regardless of immigration status in Colorado?

Yes, first-time DUI offenders in Colorado will generally face different IID requirements than repeat offenders, regardless of immigration status. First-time DUI offenders are typically required to install an ignition interlock device (IID) in their vehicle for six months, while repeat offenders may be required to keep the device in their vehicle for up to two years.

What is the process for installing an IID in a vehicle, and how much does it cost for all drivers in Colorado?

The process for installing an Ignition Interlock Device (IID) in a vehicle in Colorado is as follows:

1. Register for an IID Installation Appointment with an authorized service provider. Be sure to provide your driver’s license number, vehicle information, and proof of insurance.

2. Bring all required documents to your IID installation appointment, including your valid driver’s license, proof of insurance, and payment.

3. Follow the service provider’s instructions to complete the installation. This includes signing a contract and completing a safety check of your vehicle.

4. Have the IID inspected by law enforcement within 60 days of installation.

The cost for all drivers in Colorado is $75 for the installation, plus an additional $2 per day for leasing and maintenance fees. For more information on IID requirements in Colorado, visit the Colorado Department of Revenue website at https://mydmv.colorado.gov/pages/ignition_interlock_device_home.xhtml

Is there a difference in the duration of IID requirements based on immigration status in Colorado?

Yes, there is a difference in the duration of IID requirements based on immigration status in Colorado. Non-citizens with a valid driver’s license from another state are required to use an ignition interlock device for a period of one year after receiving a DUI conviction. Citizens must use an ignition interlock device for a period of two years after receiving a DUI conviction.

Can individuals with IIDs drive any vehicle, or are there restrictions on the types of vehicles they can operate in Colorado?

Individuals with IIDs in Colorado are typically restricted from operating certain types of commercial or recreational vehicles such as semi-trucks, ATVs, snowmobiles, and boats. Certain vehicles may also have additional restrictions, such as motorcycles, which require an additional license endorsement to operate.

Are there penalties for tampering with or circumventing an IID for all groups in Colorado?

Yes, there are penalties for tampering with or circumventing an IID in Colorado. Depending on the specific circumstances, violators may face fines, jail time, or have their license suspended. All violators may also be required to complete alcohol/drug treatment and/or be re-evaluated for their driver’s license reinstatement eligibility.

Can drivers request a hardship or restricted license that allows them to drive with an IID during license suspension for all drivers in Colorado?

Yes, in Colorado drivers can request a hardship or restricted license that allows them to drive with an Ignition Interlock Device (IID) during license suspension. Drivers must meet certain requirements in order to be eligible for a hardship or restricted license. The requirements may include proof of employment, proof of enrollment in a school or college, and proof of a valid alcohol education and treatment program.

What is the process for regular maintenance and calibration of IIDs, and who is responsible for the costs in Colorado?

The Colorado Department of Revenue Division of Motor Vehicles is responsible for setting standards for the installation and maintenance of ignition interlock devices (IIDs) in the state. The maintenance and calibration of IIDs is typically done by a certified vendor who is contracted by the Department of Revenue. The costs associated with the maintenance and calibration are generally the responsibility of the driver, unless it is determined that the device is malfunctioning due to a manufacturing defect.

Are there resources or organizations that provide guidance on IID requirements for all drivers in Colorado?

Yes, the Colorado Department of Revenue Division of Motor Vehicles has a helpful resource page on ignition interlock device (IID) requirements for all drivers. The page includes information on what an IID is, how to get an IID, and any restrictions that may apply when driving with an IID. The page also provides links to IID providers and other resources for drivers in Colorado.

What rights and legal protections apply to drivers using IIDs in Colorado?

In Colorado, drivers using interlock ignition devices (IIDs) have the following rights and legal protections:

1. The right to privacy: The IID must not collect any information other than that required for the device to function properly. It must not allow anyone to access your data without your permission.

2. The right to a fair trial: If you are arrested for a DUI while using an IID, you have the right to due process and a fair trial.

3. Immunity from prosecution: If you follow the terms of your IID program, you will generally be immune from prosecution or any other legal action related to the DUI.

4. The right to appeal: You have the right to appeal any decision related to your IID program if you feel it is not in accordance with the law or the terms of your program.

5. Legal protection from employer discrimination: Employers cannot discriminate against you solely on the basis of you being required to use an IID as part of your DUI sentence.

Can IIDs have immigration consequences for DACA recipients and undocumented immigrants in Colorado?

Yes, IIDs can have immigration consequences for DACA recipients and undocumented immigrants in Colorado. For example, if an undocumented immigrant is stopped for a traffic violation and has an IID installed in their vehicle, this could lead to the individual being placed in removal proceedings. Additionally, DACA recipients may have their DACA status revoked if they are found to be in violation of the conditions of their status.

How do IIDs interact with DUI vs. DWI distinctions in Colorado?

In Colorado, a DUI is a charge for driving under the influence of alcohol or drugs. DWI stands for Driving While Ability Impaired and is a lesser charge. The distinction between these two charges is based on the amount of alcohol or drugs present in the driver’s system at the time of arrest.

The use of an Ignition Interlock Device (IID) is often a condition of probation or sentencing for DUI and DWI convictions in Colorado. An IID is a breathalyzer that is installed in a vehicle and requires the driver to provide a breath sample in order to start the vehicle. If the breath sample contains alcohol, the vehicle will not start. The use of an IID is required even for DWI convictions, which may involve a lower level of alcohol than required for a DUI conviction.

Can individuals with IIDs sponsor family members for immigration, and does the presence of an IID affect the sponsorship process in Colorado?

Individuals with IIDs (Immigration Identification Documents) can still sponsor family members for immigration in Colorado, but their presence may affect the sponsorship process. If an individual with an IID is sponsoring a spouse or parent, they must provide additional information, such as the IID number, to the U.S. Citizenship and Immigration Services (USCIS). Some sponsors may also be required to complete additional forms, such as Form I-134, and provide additional supporting documents. The presence of an IID may also cause delays in the processing of the sponsorship case. For more information about the sponsorship process for individuals with IIDs in Colorado, contact a local immigration attorney.

Are there options for removing IIDs from vehicles once the mandated period is over for all drivers in Colorado?

Yes. Once the mandated period is over, drivers can request to have their IID removed from their vehicle. To do so, they must contact the Colorado Department of Revenue and provide proof that they have completed any required instruction, treatment, or monitoring requirements. They must also pay a fee for the removal of the IID.

What happens if a driver fails a breath test on the IID, and does this affect their DUI case in Colorado?

If a driver fails a breath test on the IID, they will be issued a violation of the terms of their license suspension. Depending on the specific details of the case, this may result in further license suspension, a revocation of the license, or a reinstatement of the license but with stricter requirements. In addition, this can affect their DUI case in Colorado by potentially being used as evidence of guilt or impairment.

Do IIDs have any impact on auto insurance rates for all groups in Colorado?

Auto insurance rates in Colorado are primarily based on a variety of factors, including driving record, age, credit score, location, type of vehicle, and more. Whether or not the individual has an Insurance Identification Number (IID) does not have a direct impact on rates.

What is the process for staying informed about changes in IID laws and requirements that affect all drivers in Colorado?

The best way to stay informed about changes in IID laws and requirements that affect all drivers in Colorado is to monitor the Colorado Department of Motor Vehicles (DMV) website. The DMV website publishes all new IID laws and requirements as soon as they are enacted. Additionally, drivers can receive email notifications when changes occur by subscribing to “Colorado Driver Services E-Updates” on the DMV website. Drivers can also contact their local county DMV office for more information.

Are there financial assistance programs available to help cover the costs of IIDs for individuals who cannot afford them in Colorado?

Yes, there are financial assistance programs available to help cover the costs of IIDs for individuals in Colorado who cannot afford them. The Colorado Ignition Interlock Device Fund helps cover the costs of IID installation, maintenance, and removal fees for those who are unable to pay for them on their own. The program is funded through $25 surcharges on all DUI-related court convictions, along with donations from individuals and organizations. To apply for assistance, individuals must contact the State Ignition Interlock Program at least two weeks before their scheduled court hearing.