this is my first dui. i got the dui in 2009. i have a letter from the courts saying that if i wanted my licence back early i would need a interlock device put in my car. well i didnt get my licence early i waited till it said i had to without the interlock! when i went to get my licence the dmv said i had to have the interlock for 2 years! what can i do to fight this
in march it will be one year that i have already had the device and it fails me all the time for no reason!! it sucks and it cost alot of money which i dont have!!!
General Practice Lawyer
Speak to your probation officer to see if the two year period was mandated by the court. If it was, your potential remedy is with the court. If it is a DMV situation, you will need to deal with them by way of a hearing. Good luck!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights. Legislation may have recently been adopted that changes the law in this area.
Criminal Defense Attorney
On a first offense, if your BAC was .17 or more, you would be required to have interlock for 2 years.
If your BAC was .08-.169, and you chose not to do early reinstatement or 30 days of no driving followed by 8 months of interlock, but opted to go for 9 months of no driving instead, you would not be required to have interlock.
Your period of license restriction (ignition interlock) may be extended if attempts to operate the vehicle following alcohol consumption are reported. If you have 3 reporting periods within 12 months where you have not been in compliance with the interlock requirement, another year of interlock can be added for the violation.
If the interlock device "fails" all the time you need to discuss it with the interlock provider, request an Interlock hearing at the DMV and bring paperwork from the interlock provider showing mechanical failure rather than alcohol consumption caused the failure.
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DUI / DWI Attorney
If you are under a 2 year interlock requirement, then your BAC was .170 or higher and there is nothing you can do to fight the interlock requirement other than to sell your car, file a non-ownership affidavit and serve the remainder of yur interlock period without driving.
If that is not an option for you, you should have the interlock deviced replaced if you are having recurring problems. As my colleague stated, tampering or failures will result in your interlock period being extended and it is your burden of proof to prove the device was malfunctioning. Have your device replaced or switch interlock providers. Smart Start is probably the best interlock provider in CO and who I would recommend using. With that said, they are all prone to false positives and other problems. Don't give the DMV an excuse to extend your interlock because you are unwilling to have your device replaced or to switch companies to another, more reliable provider.
My decision to answer your question does not construe an attorney client relationship. My opinion is based on the facts you have provided. Before making any decisions, you should always consult directly with an experience attorney, either in person or via phone.