Guest Contributor: Tiftickjian Law Firm

The purpose of an Ignition Interlock Device is not just allowing an individual with a revoked license to get back on the road sooner. These devices also protect the public by keeping a driver with a prior DUI conviction from getting behind the wheel after they have been drinking.

So, it stands to reason that Colorado Interlock circumventions have serious penalties.

What Is Colorado Interlock Tampering?

Colorado law prohibits anyone (not just Interlock-restricted drivers) from tampering with an Interlock device.

Tampering includes disabling, bypassing, or interfering with the device, or assisting someone else in doing so. A restricted driver can be charged with tampering if they operate a vehicle with a device the driver knows has been tampered with, even if the restricted driver does not do the tampering themselves.

Colorado Interlock manufacturers design their devices to make tampering almost impossible, and, in many cases, the device will detect when someone attempts to alter the electronics. If the device reports any evidence of tampering, the inspector must advise the Colorado DMV within five days, and loss of driving privileges is likely to result.

What is Interlock Circumvention?

Circumvention occurs when an Interlock-restricted driver operates a vehicle that is not equipped with an Interlock device or improperly operates an Interlock-equipped vehicle. Circumvention also includes driving someone else’s car or asking a non-intoxicated friend to provide a breath sample.

Like tampering, circumvention is a Class 1 Traffic Misdemeanor. A law enforcement officer issuing a citation for circumvention is authorized to confiscate the restricted driver’s license and submit a violation report to the DMV to prevent the restricted driver from further operating the vehicle.

What Are the Penalties for Colorado Interlock Circumvention or Tampering?

As mentioned above, Interlock circumvention and tampering are Class 1 Traffic Misdemeanors in Colorado, and either charge comes with serious penalties.

A conviction for either results in:

• 10 days to 12 months of jail time
• Fines between $300 and $1,000, or both

Additionally, upon a conviction, either one of these situations will happen, based on which one lasts longer:

1. The DMV will revoke the restricted license, with the revoked driver ineligible for reinstatement for one year

Or

2. The remaining period of restraint will be imposed prior to the issuance of the restricted license

Charges of Interlock circumvention in Colorado are particularly difficult to defend. This is because the statute does not permit plea bargaining unless the prosecuting attorney represents to the court that the prosecution would be unable to present a prima facie case for conviction at trial.

Prima facie means a defendant charged with circumvention cannot plea down to a lesser offense unless the prosecutor is willing to admit that there is insufficient evidence to lead to a conviction for circumvention.  

What Should You Do If You Have Been Charged with Interlock Circumvention?

Anyone facing charges of circumventing or tampering with an Interlock device in Colorado should retain an experienced attorney as soon as possible.

If there is any question as to whether circumvention actually occurred, the criminal court is the place to contest the charge. You cannot contest a license revocation with the DMV if you have been convicted criminally, so fighting these charges on the front end is critical if you want any hope of retaining driving privileges.

Having an experienced Colorado DUI attorney identify the weak points in the prosecution’s case and advocate on your behalf at trial can be the difference between a successful defense and losing driving privileges for a year or more (not to mention fines and even jail time).

A driver whose Interlock-restricted license has been revoked due to a conviction or guilty plea can request a subsequent DMV hearing. However, by law, the matters which can be raised with the DMV are limited to whether the revocation should be sustained and for how long it should last.  The hearing officer has little discretion; if a driver is convicted of Interlock circumvention, the DMV is required to revoke the restricted license.  And if a criminal court has already determined that the circumvention occurred, the DMV will be bound by that ruling.

If a driver is revoked based on an administrative finding, it is important for the driver to request a hearing to contest that revocation.

Interlock restrictions are intended to promote the safety of the driver and the public at large. Interlock circumvention puts both the driver and other motorists or pedestrians at risk.

Tiftickjian Law Firm
Denver DUI Lawyer/Attorney

Need an Ignition Interlock?

Smart Start will provide you with a reliable Interlock in Colorado with many convenient locations and superior customer service. Call our team today at (800) 831-3299 or fill out our online form.

If you have an Ignition Interlock, regular calibration appointments are necessary to ensure your device is still accurate when you perform your tests. Ignition Interlock vendors have calibration methods, using specialized calibrating units, that are designed specifically for breath alcohol testers.

The two main calibration method types are dry gas and wet bath.

At Smart Start, we offer our clients NHTSA-approved dry gas standards to ensure you have the most accurate calibration possible and the most reliable Ignition Interlock Device.  You can have confidence in our calibration processes knowing each dry gas cylinder has a NIST-traceable Certificate of Analysis, assuring consistency and precision.

So, Why Are Calibration Instruments Important to Me?

These types of calibrations make sure you have a reliable and accurate Ignition Interlock Device.

Dry Gas

The dry gas method uses an alcohol gas mixture in a sealed, pressurized tank or cylinder. This method requires very little maintenance, is more stable and is less sensitive to temperature than wet bath standards.  The alcohol concentration in the cylinder does not change due to usage, so every calibration will be the same until the cylinder is empty.

Wet Bath

The wet bath method uses a water alcohol liquid mixture that is heated in a specially designed device. The equipment for wet bath calibrations must be properly maintained and the temperature accurately controlled to ensure a clean system that provides an accurate alcohol concentration at each calibration. Unlike the dry gas method, the water alcohol mixture must be regularly changed since the alcohol concentration degrades from continuous use.

Dry gas requires very little maintenance and is not susceptible to a change in concentration due to each usage. Wet bath equipment must be frequently cleaned and degrades with each breath test.

Between the two methods, dry gas is superior to wet bath in application and maintenance. Therefore, dry gas is the better method in Ignition Interlock Device calibration and maintenance.

Smart Start has the best in Ignition Interlock Devices, calibration instruments, software and customer service. If you are looking for a seamless and easy Ignition Interlock program, Smart Start is the right provider. With an SSI-20/20™ or SSI-20/30™, your required period with your device won’t be stressful, and you can get back to your everyday routine.

Do You Need an Ignition Interlock Device?

Choose Smart Start, the nationwide provider of Ignition Interlocks. Call our team today at (800) 831-3299 or fill out our online form.

Most people know that if you drive with a BAC level of .08 or more, you are considered intoxicated by law.  However, this hasn’t always been the case.

The Per Se Law History

In 1982, Congress created a series of grant programs designed to encourage states to enact strong, evidence-based impaired driving laws.  One such law was a .10 BAC per se law.

Per se is Latin for “by itself,” meaning inherently.

Regardless of how much alcohol you thought you drank, if your BAC level was at .10 or more, you were considered intoxicated by law.  No further evidence of intoxication or impairment needed to be demonstrated for purposes of a DUI case.

This is important because regardless of how “sober” you believe you may be, it is your BAC that matters in the eyes of the law once you get behind the wheel of your car.  If your BAC exceeds the legal limit, you are legally presumed to be impaired.

In 1998, President Clinton set new standards to reduce the significant number of alcohol-related injuries and deaths that occur on America’s roadways.  Among the measures introduced was a reduction in the per se legal limit from .10 to .08.

Today, every state has a legal per se limit of .08 for drivers 21 years of age or older. Underaged drivers are faced with an even more strict “zero tolerance” law that makes it illegal for a person under the legal drinking age to have any amount of alcohol concentration in their blood.

Why Do We Have the .08 Per Se Law?

The per se limit is based upon years of scientific data and clinical and behavioral research that established the various stages of alcoholic influence.

Driving a vehicle requires the driver to perform divided tasks.  To safely operate a motor vehicle, the driver must simultaneously read street signs, work the brake or gas pedal, turn the steering wheel, make judgments about the intent of other vehicle traffic, bicyclists and pedestrians, all in a fraction of a second.

At varying levels, alcohol affects all the skills required to safely operate a motor vehicle.  The per se law makes it easier for the prosecution to establish that you were impaired without requiring much testimony by the arresting officer about what their training, education and experience led them to conclude about your level of impairment.

Because of this law, drunk driving fatalities have declined since 2005. Back then, 13,592 lives were lost. In 2013, it lowered to 10,076.

Based upon research on the effectiveness of per se laws, the National Transportation Safety Board recommended lowering the per se limit from .08 to .05 BAC in 2017.  Utah became the first state to enact this legislation.

Strong DUI Laws Make a Difference

Even more lives can be saved if the per se law continues to be in effect, especially when drunk driving fatalities are sadly increasing.

Another law that helps keep our roads safe are Ignition Interlock requirements.

The states that order Ignition Interlocks for all DUI offenders, rather than only repeats, see less drunk driving fatalities. In addition, repeat drunk driving decreases if first-time offenders use an Ignition Interlock.

With strong DUI-related laws, such as the .08 per se law and Ignition Interlock requirements, a positive change can happen throughout our roadways.

Guest Contributor
Toby Taylor
Smart Start Vice President of Regulatory Compliance

 Need an Ignition Interlock?

Smart Start can offer any current discounts in your state and set up your installation appointment. Call us today at (800) 831-3299 or by filling out our short online form.

If you’ve ever spent time behind the wheel, you know that the road can be a perilous place. Motor vehicle crashes and accidents are unfortunately one of the top causes of death in the U.S.¹ But don’t despair! We’re here to shed light on the safest time to drive in the U.S., providing you with valuable insights and actionable tips to keep you safe and sound while you hit the road.

The Most Dangerous Times to Drive

To unravel the mystery of the safest time to drive, we must first grasp the dangers lurking around every corner. Car accidents impact the American roads day and night. In 2020, over 42,000 people were estimated to have died in fatal car crashes, according to the National Safety Council.² These grim statistics remind us that every time we buckle up and start our engines, we’re exposed to risk.

The summer months and holidays, such as Labor Day and Thanksgiving, are considered the deadliest seasons for driving.³ This is most likely because of the nicer weather for driving, and an increase in drivers due to holiday travel. It has also been proven that the most dangerous hours to be on the road in the spring and summer are 8 p.m. through 12 a.m., and in the fall and winter, are 4 p.m. through 8 p.m.⁴

It’s best to avoid these times to ensure your safety. With these dangers in mind, let’s delve into the heart of the matter – discovering the safest times to drive in the U.S. and additional safe driving tips you can take to steer clear of trouble.

The Safest Times to Drive

According to the NSC’s data, Tuesday is the weekday with the least amount of motor vehicle crashes. With 17% of fatal crashes happening on Saturday, compared to 12.2% on Tuesday, you’re more likely to be involved in a car crash on Saturday than on Tuesday.

As far as times, heavy traffic usually picks up in the U.S. between 9 a.m. and 5 p.m. on weekdays due to work. It’s a good idea to arrive at work around 8:30 a.m. and leave at 4:30 p.m. to avoid not only the traffic but potential danger. Rush hour on weekdays, between 5 and 7 p.m. are usually more dangerous due to the increase in drivers on the road.⁵

Additional Tips For Safe Driving

During the holidays, especially during the summer, it is recommended to leave a few days earlier than the day of the holiday to avoid the danger of too many drivers. In addition, driving in the morning is safer compared to the evening or late at night.

There are many contributing factors to automotive crashes, but drunk driving is one of the leading causes.

Drive Safe With Ignition Interlocks

People impaired behind the wheel are the most dangerous type of driver. Drunk driving deaths have increased for the second year in a row. Luckily, after learning how to use an Ignition Interlock device properly, this tool prevents drivers from starting their vehicles if they can’t pass the Ignition Interlock test.

No matter what time you’re driving, be aware while on the road and call 911 if you suspect an impaired driver. If you plan to drive after attending an event with alcohol involved, have a ride-sharing app on your phone to schedule a safe ride.

Do you need an Ignition Interlock? Call Smart Start today at (800) 831-3299 or fill out our online form.

Sources:

1. NHTSA. Newly Released Estimates Show Traffic Fatalities Reached a 16-Year High in 2021. https://www.nhtsa.gov/press-releases/early-estimate-2021-traffic-fatalities
2. NSC. Motor Vehicle Deaths in 2020. https://www.nsc.org/newsroom/motor-vehicle-deaths-2020-estimated-to-be-highest
3. NSC. Holiday Traffic Fatality Estimate. https://injuryfacts.nsc.org/motor-vehicle/holidays/thanksgiving-day/
4. DriversEd. Most Dangerous Times for Driving. https://driversed.com/trending/most-dangerous-times-for-driving
5. NSC. Crashes by Time of Day and Day of Week. https://injuryfacts.nsc.org/motor-vehicle/overview/crashes-by-time-of-day-and-day-of-week/