Penalties for Tampering with an Interlock Device
In a DUI conviction, the person may be required to have an interlock device installed in any vehicle they drive. The installation of the device makes it possible for a driver convicted of DUI to be able to legally operate a vehicle sooner after a license revocation. Any person who is found to have tampered with one of these devices faces serious penalties.
DUI Convictions and Ignition Interlock Devices
If you are arrested, charged, and convicted of a DUI offense, you will be required to have an ignition interlock device (IID) installed in your vehicle. The device is basically a breathalyzer, and if you have consumed any alcohol, the vehicle will not start. These devices are required for people who seek a restricted license which allows you to drive your vehicle to work, to school, during specific hours of the day, to doctor’s appointments, or court appearances, and to the mandated alcohol treatment classes imposed as part of your DUI sentence.
The type of DUI conviction will determine how long you need to have the IID installed in your vehicle. Many people convicted of a DUI offense choose to have a device installed, as without it, they will be restricted from driving for several months. However, tampering with these devices can result in serious legal trouble.
Types of IID Tampering Crimes
A person who attempts to alter an ignition interlock device by any of these actions could be facing criminal charges. The types of tampering include:
- Bypassing the unit
- Disabling the device
- Interfering with the device
- Assisting someone else to tamper with the device
- Asking a non-intoxicated individual to breathe into the device
Tampering with an IID is a Class I Misdemeanor.
These devices are high tech, and tampering is typically caught by the monitoring company. A report will be sent to the DMV within five days after tampering has been identified, and the DMV will revoke your license. The penalties imposed for this misdemeanor are as follows:
- 10 to 12 months in jail
- Fines up to $1,000
- Revocation of restricted license
- No license reinstatement for at least one year
Can You Fight a IID Tampering Charge?
It is imperative that you have the evidence in your case reviewed by an experienced DUI defense lawyer immediately after being charged. Interlock devices can produce false positives if the driver has eaten certain foods, used mouthwash, or smoked cigarettes. Our founding attorney, Timothy Bussey, is the only lawyer in Colorado who is designated as an ACS Forensic Lawyer-Scientist.
Mr. Bussey is certified to operate and maintain certain breath testing units, is a NHTSA (National Highway Traffic Safety Association) Field Sobriety Test Instructor, and is certified in Forensic Chromatography, the method used to test blood samples in DUI cases. His experience, breadth of knowledge, and ability to identify the flaws in a DUI charge or IID tampering charge is far above and beyond what most lawyers bring to the table. If you are accused of tampering with an interlock device, immediate action must be taken to protect your rights and help you fight to avoid the consequences of a conviction.
Connect with The Bussey Law Firm, P.C. immediately at (719) 475-2555 if you are accused of tampering with an IID.