In Colorado, an ignition interlock device (IID) is a mandatory requirement for individuals convicted of driving under the influence (DUI). However, there are certain circumstances under which an individual may be eligible for an interlock exemption. If you're facing a DUI conviction and are concerned about the inconvenience and expense of an IID, it's essential to understand the ways to obtain an interlock exemption in Colorado.
Colorado's interlock laws are in place to ensure public safety and prevent repeat offenses. Nevertheless, the state recognizes that certain individuals may not need to install an IID or may require special consideration. If you're looking to avoid or minimize the use of an interlock device, it's crucial to consult with a qualified attorney who can guide you through the process.
In this article, we'll explore the five ways to obtain an interlock exemption in Colorado, including the requirements and procedures involved.
Understanding Interlock Exemptions in Colorado
Before we dive into the ways to obtain an interlock exemption, it's essential to understand the basics of interlock laws in Colorado. An IID is a device installed in a vehicle that prevents the engine from starting if the driver's blood alcohol concentration (BAC) is above a certain level (typically 0.02%). In Colorado, IIDs are mandatory for first-time offenders with a BAC of 0.15% or higher, and for repeat offenders.
Who is Eligible for an Interlock Exemption?
Not everyone is eligible for an interlock exemption in Colorado. To qualify, an individual must meet specific criteria, which we'll outline below. Typically, exemptions are granted to individuals who can demonstrate that installing an IID would cause significant hardship or is not necessary for public safety.
1. Medical Exemption
Individuals with certain medical conditions may be eligible for an interlock exemption. To qualify, you'll need to provide documentation from a licensed physician stating that you have a medical condition that makes it impossible for you to use an IID. Examples of qualifying medical conditions include:
- Severe respiratory problems
- Cardiac conditions
- Neurological disorders
To apply for a medical exemption, you'll need to submit a written request to the Colorado Department of Revenue, along with supporting medical documentation.
2. Work-Related Exemption
In some cases, individuals may be eligible for an interlock exemption if they can demonstrate that installing an IID would interfere with their employment. To qualify, you'll need to provide documentation from your employer stating that:
- You're required to drive a company vehicle as part of your job
- Your employer has a policy prohibiting the installation of IIDs in company vehicles
- You have no other means of transportation to and from work
To apply for a work-related exemption, you'll need to submit a written request to the Colorado Department of Revenue, along with supporting documentation from your employer.
3. Out-of-State Residency Exemption
If you're a resident of another state and were convicted of a DUI in Colorado, you may be eligible for an interlock exemption. To qualify, you'll need to provide documentation proving that you're a resident of another state and that you don't plan to drive in Colorado.
To apply for an out-of-state residency exemption, you'll need to submit a written request to the Colorado Department of Revenue, along with supporting documentation, such as a valid driver's license from another state and proof of residency.
4. Vehicle Ownership Exemption
In some cases, individuals may be eligible for an interlock exemption if they can demonstrate that they don't own a vehicle. To qualify, you'll need to provide documentation proving that you don't own a vehicle and that you have no access to a vehicle.
To apply for a vehicle ownership exemption, you'll need to submit a written request to the Colorado Department of Revenue, along with supporting documentation, such as a sworn affidavit stating that you don't own a vehicle.
5. Bifurcated Sentence Exemption
In some cases, individuals may be eligible for an interlock exemption if they receive a bifurcated sentence. A bifurcated sentence is a sentence that separates the conviction into two parts: the first part is a jail sentence, and the second part is a probationary period.
To qualify for a bifurcated sentence exemption, you'll need to negotiate a plea agreement with the prosecution that includes a bifurcated sentence. Your attorney can help you determine if this option is available to you.
What is an ignition interlock device (IID)?
+An IID is a device installed in a vehicle that prevents the engine from starting if the driver's blood alcohol concentration (BAC) is above a certain level (typically 0.02%).
Who is eligible for an interlock exemption in Colorado?
+Individuals who can demonstrate that installing an IID would cause significant hardship or is not necessary for public safety may be eligible for an interlock exemption.
How do I apply for an interlock exemption in Colorado?
+To apply for an interlock exemption, you'll need to submit a written request to the Colorado Department of Revenue, along with supporting documentation, such as medical records or proof of employment.
We hope this article has provided you with valuable information about the ways to obtain an interlock exemption in Colorado. If you're facing a DUI conviction and are concerned about the inconvenience and expense of an IID, it's essential to consult with a qualified attorney who can guide you through the process. Don't hesitate to reach out to us with any questions or concerns you may have.
Share your thoughts and experiences with us in the comments below! Have you or someone you know been affected by interlock laws in Colorado? What do you think about the exemption process?