Ignition Interlock | Denver Criminal Defense Attorney

The following is from the Colorado Department of Revenue – Division of Motor Vehicles:

Repeat alcohol offenders are required to have an ignition interlock device installed on their vehicle(s) before they can reinstate their driving privileges.  Reinstated licenses are restricted to the use of vehicles equipped with an approved ignition interlock device for a period of at least one year.

You will be required to have an approved ignition interlock device if:

  • Your license was revoked because of convictions for two alcohol-related driving offenses in five years.
  • Your license was revoked because of convictions for three alcohol-related driving offenses in your lifetime.
  • Your license was revoked because of your being designated an Habitual Traffic Offender and at least one of your underlying convictions was for an alcohol-related driving offense.

And

  • Your last offense occurred after 07/01/2000
  • Your blood alcohol level at the time of being stopped by a law enforcement officer was 0.17 or more. (For all stops after 01/01/2007.)

Drivers who fall into this category will be allowed to reinstate only with a restricted license that limits their driving to vehicles with an approved ignition interlock device.

Interlock paperwork can be faxed to 303-205-5625.

Colorado has contracted with the following four Interlock providers. Please contact one of them for further information. The restricted driver is responsible for all of the costs of the Ignition Interlock Device.

Interlock Providers:

Smart Start, Inc.
1-800-880-3394
Westminster, CO 80030

National Interlock Services Ltd.
1-800-475-5490
Aurora, CO 80011

Guardian Interlock Systems
1-800-499-0994
Denver, CO 80022

Draeger Safety Diagnostics, Inc.
1-800-332-6858
Denver CO 80216

Knowledge Center:

Ignition Interlock Program Brochure

Restricted License Ignition Interlock Agreement Affidavit

What happens to my Colorado drivers license if I’m under 21 and charged with drunk driving? | Denver Criminal Defense Attorney

The law in Colorado is very strict for underage drinking.  If you are under 21 and drive after drinking, you may face very severe penalties.

If you are under 21 and are convicted of a drunk driving offense, your license will be revoked for not less than one year.

If you are under 21 and your BAC is 0.02 or above, then your license will be revoked for:

  • Three months for first offense;
  • Six months for second offense;
  • One year for third or subsequent offense.

What happens to my Colorado drivers license if my BAC is over 0.08? | Denver Criminal Defense Attorney

If you have provided a sample of your breath or blood and your BAC is over 0.08, then your drivers license will be revoked for:

  • 9 months for first violation;
  • 1 year for second violation;
  • 2 years for third or subsequent violation.

You will be able to apply for a reinstatement after 30 days.  However, you will need an ignition interlock for the remaining 8 months (2 years if you were 0.17 or above).

On your second offense, the license revocation is one year, and the ignition interlock will be required for two years after the reinstatement.

On a third or subsequent offense, the revocation is two-years.

Knowledge Center:

What is an ignition interlock?

What crimes result in revocation of my Colorado Drivers License? | Denver Criminal Defense Attorney

Your drivers license will be revoked for not less than one year if you are convicted of:

    • Vehicular homicide;
    • Vehicular assault;
    • Criminally negligent homicide;
    • Driving a motor vehicle under influence of a controlled substance;
    • Driving under the influence / Driving while impaired / Driving with excessive alcoholic content;
    • Any felony in which a motor vehicle was used;
    • Failing to stop and render aid;
    • Perjury or false affidavit or statement under oath under any law relating to the ownership or operation of a motor vehicle;
    • Reckless driving three times in the last two years;
    • Two drunk driving convictions in the last five years.

      Colorado Administrative Drivers License Hearings | Denver Criminal Defense Attorney

      If you are arrested for drunk driving the police officer will confiscate your drivers license and provide you a temporary permit.  The officer will then send the state a report consisting of your license and an affidavit they’ve written of the facts surrounding your arrest.

      If you want to fight the revocation of your drivers license, you must request a hearing within 7 days of receiving the notice.  If you fail to request a hearing in that time it is waived officer’s affidavit becomes final.

      At the hearing, you have the right to subpoena the officer to testify.  This can be an excellent opportunity to “preview” what the officer will testify to at trial.

      The judge at the hearing considers law enforcement officer’s testimony, reports written by the officer, affidavits of other persons, and any other relevant documents needed to aid in the decision.  Facts determined at hearing are independent of a court where the underlying criminal charge arise.

      The standard of proof is preponderance of evidence.

      Adverse decisions may be appealed within 30 days to a district court.  If you are later acquitted of the charge, your license will immediately be reinstated.

      Colorado Drivers License Suspensions | Denver Criminal Defense Attorney

      “Driving is a privilege, not a right”

      But let’s face it:  In Colorado, a car is critical.  Our public transportation system is one of the best in the country, but it is no match for the convenience and ease of having your own vehicle.

      If you are suspected of drunk driving, you will be asked to perform field sobriety tests and provide a sample of your breath or blood.  If the officer determines that you are intoxicated, you will be arrested.  Your court case will begin where you will fight for your freedom.  In addition, you will need to have a separate fight at a hearing to continue driving.

      If you are later convicted of certain crimes, your license will also be suspended or revoked.

      Knowledge Center:

      What are administrative drivers license hearings?

      What crimes result in the revocation of my Colorado drivers license?

      What happens to my Colorado drivers license if my BAC is over 0.08?

      What happens to my Colorado drivers license if I’m under 21 and charged with drunk driving?

      Blood Draws | Denver Criminal Defense Attorney

      Under Colorado’s expressed consent law, you have the right to demand a blood test if you are suspected of driving drunk.  You absolutely have the right to refuse to provide a sample of your breath or blood. 

      In certain limited situations, the police may obtain a sample of your blood without your consent and may even physically restrain you for these purposes: 

      • If you are a suspect  in a criminally negligent homicide, vehicular homicide, assault in the third degree or vehicular assault. 
      • If the officer obtains a search warrant by articulating probable cause to a judge.  This is treated exactly like a search warrant for a home, except that now the enclosed space to be searched is your body.

      Breath Test Machine | Denver Criminal Defense Attorney

       After your DUI / DUAI arrest, the police will ask if you would like to provide a sample of your breath.  To measure the alcohol in your breath, the police will use a machine called the Intoxilyzer 5000.   The Intoxilyzer 5000 is often referred to as the “breathalyzer”.  

      What are the parts of the Intoxilyzer 5000?   

        

      What does the Intoxilyzer 5000 look like on the inside?

       

       The Intoxilyzer 5000 is the machine used throughout Colorado to test the breath of people who have been arrested for DUI and DUAI under the current expressed consent law.  This machine is manufactured by CMI, Incorporated and is the predominant machine in the United States for breath testing by the police.  You have the right to refuse to take the breath test, however there are consequences to your refusal.

      Facts about the Intoxilyzer 5000  

      How does the Intoxilyzer 5000 work?

      Search & Seizure | Denver Criminal Defense Attorney

      Everyone knows that they have Constitutional rights.  Not everyone knows what rights they actually do have.  Even fewer know how to identify a violation of their rights.

      The 4th Amendment to United States Constitution guarantees:

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      Similarly, Section 7 of the Constitution of the State of Colorado promises:

      The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures; and no warrant to search any place or seize any person or things shall issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation reduced to writing.

      These assurances from the Government do not always mean that your rights are protected.  You need aggressive legal representation to ensure that your Constitutional rights have not been violated.

      As a prosecutor, I drafted hundreds of search and arrest warrants.  I instructed new prosecutors on the fine points to drafting these documents and often reviewed warrants drafted by my peers before they were presented to a judge.  I have specialized training and the unique experience to recognize a violation.

      Information Center:

      What is a warrant?

      Who writes a warrant?

      How do you challenge a warrant?

      What are common mistakes found in warrants?

      DUI / DWAI | Denver Criminal Defense Attorney

      First Offense…a lifetime of consequences

      Being arrested for drunk driving can be an intensely emotional experience. For most people, this is the first time they have ever been arrested. However, due to the strict penalties, you may feel as though you have committed a capital offense.

      Repeat offender…stricter punishments

      If you have a prior conviction for drunk driving, the police and prosecutor will likely treat you very harshly.  There is little sympathy for repeat offenders, as the authorities feel the message just did not get through the first time.  Now, more than ever, you need an aggressive and skilled attorney by your side.

      Take the first step to putting this behind you

      Did the police officer overstate any impairment?  Did the breath test machine malfunction?  Did you simply make a poor decision?  These things do not matter right now.  What’s most important is that you make a decision on your representation and how you want this matter handled.  The first step towards getting your life back is to go to court with a skilled DUI defense attorney standing next to you.  This step will demonstrate to the prosecutor that you are serious about defending your freedom and reputation against the charge, and that you will fight against the consequences that a conviction can bring.