1 CCR 204-30-11 - INTERLOCK-RESTRICTED LICENSES
Basis: These rules are promulgated pursuant to sections 24-4-103, 42-1-204, and 42-2-132.5, C.R.S.
Purpose: These rules regulate the issuance of Interlock-Restricted Licenses, the monitoring of driver compliance with Interlock-Restricted Licenses, the extension of interlock restrictions, and the revocation of Interlock-Restricted Licenses for non-compliance.
Incorporation by Reference of the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2).
The Department incorporates, by reference as part of Rule 11 of the Department of Revenue Regulations, the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2). These guidelines may be found at 85 FR 3060, referred to in this Rule as "aspe.hhs.gov/poverty-guidelines." These guidelines are published by the U.S. Department of Health and Human Services, Office of the Assistant Secretary for Planning and Evaluation. Rule 11 does not include any later amendments to the guidelines.
A copy of the guidelines is available for a reasonable charge from the Colorado Department of Revenue, 1881 Pierce Street, Suite 164, Lakewood, Colorado 80214. A copy of the guidelines is maintained by the Colorado Department of Revenue and may be inspected by contacting the Records Custodian at the Colorado Department of Revenue, 1881 Pierce Street, Suite 164, Lakewood, Colorado 80214 during normal business hours. The incorporated material may also be examined at any state publications depository library. A copy of the guidelines is also available from the Office of the Assistant Secretary for Planning and Evaluation, Room 404 E, Humphrey Building, Department of Health and Human Services, Washington, DC 20201.
1.
Definitions
1.1. Administrative Record- Includes but is
not limited to: incident reports filed pursuant to section
42-2-132.5(10),
C.R.S.; court records; law enforcement records; motor vehicle records; and
reports provided by a Manufacturer.
1.2. Alcohol-Related Revocation- A license
revocation taken against a driving privilege based at least in part on a
violation of sections
42-2-126,
42-4-1301, or
42-4-1301.1, C.R.S.
1.3 Approved Ignition Interlock Device- A
device as defined in section
42-2-132.5(9),
C.R.S.
1.4 Circumvention-Operating
a motor vehicle other than a motor vehicle equipped with an approved Ignition
Interlock Device, or attempting to or successfully circumvent the proper use of
an Approved Ignition Interlock Device by any means, including, but not limited
to: unauthorized emergency bypass; operating an Interlock Vehicle with an
Ignition Interlock Device that is not properly functioning; push starting an
Interlock Vehicle; introduction of a breath sample other than a current sample
from the driver of the Interlock Vehicle; introduction of an intentionally
contaminated or altered breath sample; continued operation of an Interlock
Vehicle without providing a breath sample from the driver when required; or
continued operation of an Interlock Vehicle after the Ignition Interlock Device
detects an alcohol level above the level established by the Department of
Public Health and Environment at which an Ignition Interlock Device may not
allow a motor vehicle to be started or to continue normal operation.
1.5 Department- The Colorado Department of
Revenue
1.6 Early Reinstatement-
Reinstatement authorized by section
42-2-132.5(4),
C.R.S.
1.7 Excessive BAC Event- The
interruption or prevention of the operation of a motor vehicle by an Ignition
Interlock Device due to excessive breath alcohol content, excluding positive
readings as the result of mouth alcohol and/or contaminants.
1.8 Excessive Breath Alcohol Content- For
purposes of this Rule, Excessive Breath Alcohol Content means the level of
breath alcohol established by the Department of Public Health and Environment
at which an Ignition Interlock Device may not allow a motor vehicle to be
started or to continue normal operation.
1.9 Financial Assistance- Monetary credits
against the cost of an Ignition Interlock Device provided by the Department,
pursuant to a program established by the Department as provided in section
42-2-132.5(4)(a)(II)(C),
C.R.S., to persons who are unable to pay the full cost of the Approved Ignition
Interlock device.
1.10 Ignition
Interlock Affidavit- An affidavit filed by a person pursuant to section
42-2-132.5(5)(a),
C.R.S., stating that the person has obtained a signed lease agreement for the
installation and use of an approved Ignition Interlock Device in every motor
vehicle on which the person's name appears on the registration and any other
motor vehicle that the person may drive, and the written consent of all other
owners, if any, of each motor vehicle in which an approved Ignition Interlock
Device is installed.
1.11
Interlock-Restricted License- A license issued under the provisions of section
42-2-132.5, C.R.S., that restricts
the driver to driving only motor vehicles equipped with a properly functioning
Ignition Interlock Device.
1.12
Interlock Vehicle- A vehicle equipped with an Ignition Interlock Device
installed by an Interlock Provider.
1.13 Manufacturer- A contractor designated by
the Department to be a provider of Ignition Interlock Devices.
1.14 Motor Vehicle- A vehicle as defined in
section 42-1-102(58),
C.R.S.
1.15 Non-owner Affidavit- A
written statement filed by a person affirming that the person is not the
registered owner or co-owner of any motor vehicle in Colorado and does not have
access to a motor vehicle in Colorado in which to install an Ignition Interlock
Device.
1.16 Proof of Financial
Responsibility- A valid SR-22 form obtained from an insurance company, or other
proof of financial responsibility as defined in section
42-7-103(14),
C.R.S.
1.17 Reporting Period- A
calendar month.
1.18 Tampering-
Means intercepting, bypassing, or interfering with or aiding another person by
intercepting, bypassing, or interfering with an Ignition Interlock Device for
the purpose of preventing or hindering the lawful operation or purpose of the
Ignition Interlock Device.
2.
Reinstatement With Ignition
Interlock Restriction
2.1. A person
who is required to hold an Interlock-Restricted License pursuant to section
42-2-132.5(1),
C.R.S.:
(1) whose privilege to drive is
eligible for reinstatement;
(2) is
not seeking Early Reinstatement; and
(3) does not own or have access to a vehicle,
may be issued an Interlock-Restricted License if the person:
a. Files a Non-Owner Affidavit with the
Department;
b. Satisfies all
licensing conditions imposed by law; and
c. Applies for an Interlock-Restricted
License.
2.2.
A person who is required to hold an Interlock-Restricted License pursuant to
section 42-2-132.5(1),
C.R.S., and who has served the duration of the mandatory revocation, or is
eligible for Early Reinstatement may be issued an Interlock-Restricted License
if the person:
a. Files an Ignition Interlock
Affidavit with the Department that complies with section
42-2-132.5(5)(a);
b. Satisfies all other licensing conditions
imposed by law; and
c. Applies for
an Interlock-Restricted License.
2.3. A person who is required to hold an
Interlock-Restricted License pursuant to section
42-2-132.5(1),
C.R.S., and (1) whose driving privilege is eligible for reinstatement; (2) who
does not reside in Colorado; and (3) who is not requesting issuance of a
Colorado driver license, may apply for reinstatement of their driving privilege
without acquiring an Interlock-Restricted License if the person:
a. Files a Non-Owner Affidavit with the
Department;
b. Files an
Out-of-State Residency Affidavit; and
c. Satisfies all other conditions for
reinstatement of their driving privilege imposed by Colorado law.
2.4. A person who reinstates his
or her driving privilege under subsection 2.3 (out-of-state resident) shall not
operate a motor vehicle in the State of Colorado from the date of reinstatement
until the date the Colorado interlock requirement is set to expire, unless any
motor vehicle the person may drive in Colorado is equipped with an approved
Ignition Interlock Device and the person has satisfied all licensing
conditions. The person is subject to all of the monitoring requirements and
provisions that apply to a Colorado Interlock-Restricted License.
2.5. A person whose Colorado license has an
interlock restriction is subject to compliance monitoring, reporting, and
licensing sanction pursuant to section
42-2-132.5, C.R.S. and these
rules, regardless of the person's state of residence or physical
location.
2.6. A person with an
Interlock-Restricted License shall not, during the interlock restriction
period, operate a motor vehicle that is not equipped with an approved Ignition
Interlock Device.
2.7. A person
whose Interlock-Restricted License was issued based on the submission of a
Non-owner Affidavit, is not required to complete a test of driving skills until
expiration of his or her interlock restriction.
2.8. A person required to hold an
Interlock-Restricted License shall not be issued a driver's license, other than
an Interlock-Restricted license, until the interlock requirement has been
satisfied.
3.
Early
Reinstatement with an Interlock-Restricted License
3.1. A person whose license is subject to one
or more Alcohol-Related Revocations and who is eligible for Early Reinstatement
under section
42-2-132.5(4),
C.R.S. may be issued an Interlock-Restricted License upon completion of the
required minimum period of revocation as set forth in
42-2-132.5(4)(a),
C.R.S. if he or she:
a. Files an Ignition
Interlock Affidavit with the Department;
b. Provides Proof of Financial Responsibility
to the Department in the person's name;
c. Satisfies all other conditions for
reinstatement imposed by law; and
d. Satisfies all licensing conditions imposed
by law.
4.
Monitoring Compliance with the Interlock Restriction
4.1. Manufacturers shall provide monthly
monitoring reports to the Department for each Ignition Interlock Device
installed in an Interlock Vehicle.
a.
Manufacturers shall download the information stored in the Interlock Device
every month, and shall analyze the information to determine whether there have
been any Excessive BAC Events, Circumventions or attempted Circumvention, or
Tampering since the prior inspection.
b. Manufacturers may notify the motor vehicle
owner and the Interlock-Restricted driver of any detected Excessive BAC Events,
Circumventions, or Tampering. Notification by a Manufacturer is not required
prior to the Department taking action based on Excessive BAC Events,
Circumventions, or Tampering.
4.2. A Manufacturer that detects Tampering
shall notify the Department of that fact within five calendar days using a form
provided by the Department.
4.3.
The Department may notify appropriate law enforcement and other authorities of
any violation of title 42.
4.4.
Three monthly reports showing Excessive BAC Events in any twelve consecutive
Reporting Periods will result in an extension of the interlock restriction for
an additional twelve months after the expiration of the existing interlock
restriction, subject to the provisions of section 5.3.1.
a. Section 4.4 also applies to a person whose
period of interlock restriction expired during a Reporting Period, if the
report for that Reporting Period shows that an Excessive BAC Event occurred
before the interlock restriction expired.
5.
Interlock-Restricted License
Hearings
5.1. A person whose
Interlock-Restricted License is revoked upon receipt of notice of conviction
under section
42-2-132.5(10),
C.R.S., is entitled to a hearing pursuant to section
42-2-132.5(7)(a),
C.R.S. A request for a hearing will not postpone revocation of the
Interlock-Restricted License.
a. The only
issues considered at a hearing on the revocation are whether the revocation is
sustained and the calculation of the length of the ineligibility. The Hearing
Officer has no discretion to shorten the revocation period prescribed in
section 42-2-132.5(7)(a),
C.R.S.
5.2. A person who
has received notice that his or her Interlock-Restricted License may be
revoked, based on an Administrative Record other than a notice of conviction is
entitled to a hearing pursuant to section
42-2-132.5(7)(b),
C.R.S. Upon receipt of a request for a hearing that is prior to the suspension
date, the Department shall postpone the suspension until the date of the
hearing. The Interlock-Restricted License will remain active unless and until a
Hearing Officer determines the Interlock-Restricted License should be revoked.
a. The only issues considered at a hearing
pursuant to this rule 5.2 are whether the Administrative Record establishes
that the person operated a motor vehicle without an Ignition Interlock Device
or circumvented or attempted to circumvent the proper use of an Ignition
Interlock Device and, if so, calculation of the length of the revocation. A
Hearing Officer has no discretion to shorten the revocation period prescribed
in section
42-2-132.5(7)(b),
C.R.S.
5.3. A person
whose interlock license restriction is extended pursuant to 4.4 above is
entitled to a hearing pursuant to section
42-2-132.5(7)(d),
C.R.S.
a. The Hearing Officer shall determine
whether an Excessive BAC Event occurred in any three months within twelve
consecutive Reporting Periods and, if so, shall determine an appropriate
extension period for the Interlock-Restricted License not to exceed twelve
months.
b. A single Excessive BAC
Event may not be used to impose more than one extension of an
Interlock-Restricted License.
c. A
Hearing Officer may consider the following as aggravating factors for the
purpose of determining an appropriate extension period:
d. Three or more Excessive BAC Events in any
one Reporting Period;
e. Excessive
BAC Events in more than three of the consecutive Reporting Periods under
consideration at the hearing;
f. A
reported breath or blood alcohol level in excess of 0.05 grams of alcohol per
210 liters of breath or 100 milliliters of blood;
g. Three or more readings consistent with
attempted drinking and driving regardless of whether such readings contributed
to an Excessive BAC Event.
h.
Excessive BAC Events occurring in each of the final six Reporting Periods of an
Interlock Restriction period;
i. A
prior extension or renewal of an Interlock-Restricted
License.
5.4. A Hearing
Officer may consider the following as mitigating factors for the purpose of
determining an appropriate extension period:
a. A single Excessive BAC Event (attempted
start), indicating the driver with the Interlock-Restricted License did not
reattempt a start after the Excessive BAC Event;
b. A driver's initiation of voluntary or
enhanced alcohol treatment or therapy after the last BAC Event;
c. More than one year remaining on the
Interlock Restriction; and
d. Any
other factors that a person with an Interlock-Restricted License may submit in
mitigation.
6.
Qualification for Ignition Interlock Financial Assistance
6.1 Any person ("Applicant") who is unable to
pay the full cost of an Ignition Interlock Device may apply for financial
assistance. In order to be eligible for financial assistance, the Applicant
must:
a. Be a first-time offender; or
b. Meet the definition of a
persistent drunk driver in section
42-1-102 (68.5)(a), and the
initial installation of an Ignition Interlock Device on his or her motor
vehicle must have occurred on or after January 1, 2014; and
c. Have filed a Colorado Income Tax Return
within the immediately preceding calendar year demonstrating an inability to
pay, or otherwise establish an inability to pay the full cost of an Ignition
Interlock Device as described in 6.2.
6.2 Financial Assistance is awarded by the
Department based upon the Federal Adjusted Gross Income (FAGI) and a factor of
the most current Poverty Guidelines established by the Department of Health and
Human Services (aspe.hhs.gov/poverty-guidelines). If a person's FAGI falls
within the factor and funds are available, financial assistance may be
awarded.
6.3 The Department may
adjust the factor described in 6.2 above based on the availability of funds and
current funding commitments. The current factor will be available upon
request.
6.4 An applicant who meets
the requirements set forth in 6.1 above, and who is denied financial
assistance, may request review and reconsideration of the denial by providing
one of the following to the Department:
a. A
copy of the person's current IRS Tax Transcript showing a FAGI within the
current factor; or
b. If the
applicant has not filed a tax return because the applicant's income is below
the filing threshold, a copy of a determination letter issued by the Department
of Human Services showing current coverage in one of the Program Eligibility
and Application Kit (PEAK) programs including food, medical, or cash
assistance; or
c. A copy of a
Court's Declaration of Indigency issued in a criminal proceeding within the
preceding twelve months.
6.5. If the Department denies financial
assistance after review and reconsideration pursuant to 6.4, the Department
will promptly issue a Notice of Denial to the applicant, who may request a
hearing as provided in 7.1 below.
6.6. Financial Assistance may be awarded in
an amount set by the Department, for a valid Interlock-Restricted License,
regardless of the initial length of the interlock restriction or of any
extension of the interlock restriction. Financial Assistance is distributed
only as incremental credits against the interlock fees charged by the
Manufacturer. The Department will not provide funds directly to the applicant.
In order to receive credit up to the driver's full award of financial
assistance, an applicant must remain compliant with all ignition interlock
program requirements and must hold and maintain a valid Interlock-Restricted
License.
7.
Denial
of Financial Assistance Hearing
7.1 An
applicant denied financial assistance after review and reconsideration pursuant
to 6.4 may, within 60 days of the date of mailing of the Notice of Denial,
request a hearing on the denial by filing a written request for hearing with
the Hearings Division of the Department at 1881 Pierce St. #106, Lakewood, CO
80214.
7.2 Hearings shall be held
in accordance with the provisions of the State Administrative Procedure Act and
the provisions of title 42 of Colorado Revised Statutes.
7.3 The only issue at hearing will be whether
the Department's denial of financial assistance is supported by the record.
a. The Hearing Officer may consider any
reasonable evidence, whether documents, witnesses, or other evidence.
Notes
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