What happens if I blow a violation on my smart start interlock device in Colorado? I had been drinking the night before, waited seven hours before I had to work in the morning and I felt fine and actually made sure I had several shots so seven hours would be plenty of time to sober up. Unfortunately, seven hours wasnt enough. I'm still on probabtion, almost done paying a fine. I was charged with a DWAI, was actually dropped to a DWAI from a DUI. What types of sentencing will I expect to get?
DUI / DWI Attorney
It depends on the judge and your conditions of probation. However, the Court may never hear of the lockout. Don't spread it around.
Criminal Defense Attorney
A single event will be captured on the computer chip inside of the ignition interlock of the smart start. This single event of blowing a violation on the smart start will eventually be downloaded for review by DMV. However, a single event should not trigger action by the DMV, nor should a single event failure be forwarded to the court or probation.
Administrative Law Lawyer
Both of the attorneys who responded gave you good information. In the event you were given a deferred sentence you might be subject to a Motion To Revoke Your Deferred which would result in the alcohol offense being a permanent part of your record. Re sentencing you can be sentenced to a jail term, revoked and reinstated which means you start the period of probation over again, you could be sented to community service or a fine opr a combination. Best not to ahve any more violations.
In light of your situation you may want to consider doing what several of my former clients have done and that is look into purchasing your own preliminary breatholyzer machine. They run about $300.00 and you can use it before you get into your car to drive to work or wherever. They aren't 100% but it's better to know that you have to wait and call your work and let them know that you will be late (for whatever reason) than risk getting a violation on your interlock device. And then once you're done with this case you still have it to make sure that you don't get another alcohol related offense, if you continue to drink alcohol.
Responses to questions on AVVO does not create an attorney/client relationship. Colorado requires that the Client and Attorney enter into a written legal fee arrangement