C.R.S.
Section 42-2-132.5
Mandatory and voluntary restricted licenses following alcohol convictions
- rules
(1)
Persons required to hold an interlock-restricted license.(a)
The following persons shall hold an interlock-restricted license pursuant to this section for at least one year following reinstatement prior to being eligible to obtain any other driver’s license issued under this article:(I)
A person whose license has been revoked for excess BAC pursuant to the provisions of section 42-2-126 when the person’s BAC was 0.15 or more at the time of driving or within two hours after driving or whose driving record otherwise indicates a designation of persistent drunk driver as defined in section 42-1-102 (68.5);(II)
A person whose privilege to drive was revoked as an habitual offender under section 42-2-203 in which the revocation was due in part to a DUI, DUI per se, or DWAI conviction; or(III)
A person whose privilege to drive was revoked for interlock circumvention pursuant to paragraph (a) or (b) of subsection (7) of this section.(b)
A person whose privilege to drive was revoked for multiple convictions for any combination of a DUI, DUI per se, or DWAI pursuant to section 42-2-125 (1)(g)(I) or (1)(i) shall hold an interlock-restricted license pursuant to this section for at least two years, but not more than five years, following reinstatement prior to being eligible to obtain any other driver’s license issued under this article.(2)
Posting the interlock restriction to driving record prior to reinstatement of driving privileges.(3)
Minimum interlock restriction requirement for persistent drunk drivers.(4)
Persons who may acquire an interlock-restricted license prior to serving a full-term revocation.(a)
Intentionally left blank —Ed.(I)
A person whose privilege to drive has been revoked for one year or more because of a DUI, DUI per se, or DWAI conviction or has been revoked for one year or more for excess BAC pursuant to section 42-2-126 may apply for an early reinstatement with an interlock-restricted license pursuant to this section at any time; except that a person who is less than twenty-one years of age at the time of the offense may not apply for early reinstatement until the person’s license has been revoked for one year. A person whose privilege to drive has been revoked for one year or more because of a refusal may apply for an early reinstatement with an interlock-restricted license pursuant to this section after the person’s privilege to drive has been revoked for two months; except that a person who is less than twenty-one years of age at the time of the offense may not apply for early reinstatement until the person’s license has been revoked for one year. Except for first-time offenders as provided in subsection (4)(a)(II) of this section or for persistent drunk drivers as provided in subsection (3) of this section, the restrictions imposed pursuant to this section remain in effect for the longer of one year or the total time period remaining on the license restraint prior to early reinstatement.(II)
Intentionally left blank —Ed.(A)
First-time offender eligibility.(B)
First-time offender interlock removal.(C)
Financial assistance for first-time offenders and persistent drunk drivers.(b)
Early reinstatement eligibility requirement.(I)
To be eligible for early reinstatement with an interlock-restricted license pursuant to this subsection (4), a person shall have satisfied all conditions for reinstatement imposed by law including time periods for non-alcohol-related restraints; except that a person whose license was also restrained for driving under restraint pursuant to section 42-2-138 may be eligible for early reinstatement under this section so long as the restraint was caused in part by driving activity occurring after an alcohol-related offense and the length of any license restriction under this section includes the period of restraint under section 42-2-138.(II)
Before being eligible for early reinstatement with an interlock-restricted license under this section, a person shall provide proof of financial responsibility to the department pursuant to the requirements of the “Motor Vehicle Financial Responsibility Act”, article 7 of this title. The person shall maintain such proof of financial responsibility with the department for the longer of three years or the period that the person’s license is restricted under this section; except that, for an offender subject to section 42-7-408 (1)(c)(I), the period of time that the person must maintain such proof of financial responsibility is the period of time that the person’s license is restricted under this section.(c)
In order to be eligible for early reinstatement pursuant to this subsection (4), a person who has been designated an habitual offender under the provisions of section 42-2-202 must have at least one conviction for DUI, DUI per se, or DWAI under section 42-4-1301 and no contributing violations other than violations for driving under restraint under section 42-2-138 or reckless driving under section 42-4-1401.(5)
Requirements for issuing the interlock-restricted license.(a)
The department may issue an interlock-restricted license under this section if the department receives from a person described in this section an affidavit stating that the person has obtained:(I)
A signed lease agreement for the installation and use of an approved ignition interlock device in each motor vehicle on which the person’s name appears on the registration and any other vehicle that the person may drive during the period of the interlock-restricted license; and(II)
The written consent of all other owners, if any, of each motor vehicle in which the approved ignition interlock device is installed.(b)
Intentionally left blank —Ed.(I)
Notwithstanding the requirements of paragraph (a) of this subsection (5), the department may issue an interlock-restricted license to any person not seeking early reinstatement but who is required to hold an interlock-restricted license pursuant to subsection (1) of this section who is not the registered owner or co-owner of a motor vehicle if the person submits an affidavit stating that the person is not the owner or co-owner of a motor vehicle and has no access to a motor vehicle in which to install an approved ignition interlock device.(II)
If a person holding an interlock-restricted license issued pursuant to this paragraph (b) becomes an owner or co-owner of a motor vehicle or otherwise has access to a motor vehicle in which an approved ignition interlock device may be installed, he or she shall enter into a lease agreement for the installation and use of an approved ignition interlock device on the vehicle for a period equal to the remaining period of the interlock-restricted license and submit the affidavit described in paragraph (a) of this subsection (5).(c)
The terms of the interlock-restricted license shall prohibit the person from driving a motor vehicle other than a vehicle in which an approved ignition interlock device is installed.(d)
The department shall not issue a license under this section that authorizes the operation of a commercial motor vehicle as defined in section 42-2-402 (4) during the restriction required by this section.(6)
Interlock monitoring device - reports.(7)
Licensing sanctions for violating the interlock restrictions.(a)
Due to circumvention - conviction.(b)
Due to circumvention - administrative record.(c)
Due to a lease violation.(d)
Extending the interlock license restriction.(8)
Rules.(9)
Approved ignition interlock device definition - rules.(a)
For the purposes of this section, “approved ignition interlock device” means a device approved by the department of public health and environment that is installed in a motor vehicle and that measures the breath alcohol content of the driver before a vehicle is started and that periodically requires additional breath samples during vehicle operation. The device may not allow a motor vehicle to be started or to continue normal operation if the device measures an alcohol level above the level established by the department of public health and environment.(b)
The state board of health may promulgate rules to implement the provisions of this subsection (9) concerning approved ignition interlock devices.(10)
Operating vehicle after circumventing interlock device.(a)
A person whose privilege to drive is restricted to the operation of a motor vehicle equipped with an approved ignition interlock device and who operates a motor vehicle other than a motor vehicle equipped with an approved ignition interlock device or who circumvents or attempts to circumvent the proper use of an approved ignition interlock device commits a class 1 traffic misdemeanor.(b)
If a peace officer issues a citation pursuant to paragraph (a) of this subsection (10), the peace officer shall immediately confiscate the offending driver’s license, shall file an incident report on a form provided by the department, and shall not permit the driver to continue to operate the motor vehicle.(c)
A court shall not accept a plea of guilty to another offense from a person charged with a violation of paragraph (a) of this subsection (10); except that the court may accept a plea of guilty to another offense upon a good-faith representation by the prosecuting attorney that the attorney could not establish a prima facie case if the defendant were brought to trial on the offense.(11)
Tampering with an approved ignition interlock device.(a)
A person shall not intercept, bypass, or interfere with or aid any other person in intercepting, bypassing, or interfering with an approved ignition interlock device for the purpose of preventing or hindering the lawful operation or purpose of the approved ignition interlock device required under this section.(b)
A person whose privilege to drive is restricted to the operation of a motor vehicle equipped with an approved ignition interlock device shall not drive a motor vehicle in which an approved ignition interlock device is installed pursuant to this section if the person knows that any person has intercepted, bypassed, or interfered with the approved ignition interlock device.(c)
A person violating any provision of this subsection (11) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
Source:
Section 42-2-132.5 — Mandatory and voluntary restricted licenses following alcohol convictions - rules, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-42.pdf
(accessed Oct. 20, 2023).