1 Colo. Code Regs. § 204-30-11

Current through Register Vol. 47, No. 20, October 25, 2024

Rule 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.

1 CCR 204-30-11

37 CR 20, October 25,2014, effective 11/14/2014

38 CR 11, June 10, 2015, effective 6/30/2015

38 CR 12, June 25, 2015, effective 7/15/2015

38 CR 17, September 10, 2015, effective 9/30/2015

39 CR 01, January 10, 2016, effective 1/30/2016

39 CR 14, July 25, 2016, effective 8/14/2016

39 CR 15, August 10, 2016, effective 8/30/2016

39 CR 16, August 25, 2016, effective 9/14/2016

39 CR 19, October 10, 2016, effective 10/30/2016

39 CR 24, December 25, 2016, effective 1/30/2017

40 CR 20, October 25, 2017, effective 11/14/2017

40 CR 24, December 25, 2017, effective 1/14/2018

41 CR 08, April 25, 2018, effective 5/15/2018

41 CR 11, June 10, 2018, effective 6/30/2018

41 CR 17, September 10, 2018, effective 9/30/2018

41 CR 23, December 10, 2018, effective 12/30/2018

42 CR 06, March 25, 2019, effective 4/14/2019

42 CR 24, December 25, 2019, effective 1/14/2020

43 CR 12, June 25, 2020, effective 5/22/2020

43 CR 12, June 25, 2020, effective 7/16/2020

43 CR 19, October 10, 2020, effective 9/17/2020

43 CR 18, September 25, 2020, effective 10/15/2020

43 CR 23, December 10, 2020, effective 11/4/2020

43 CR 20, October 25, 2020, effective 11/15/2020

43 CR 22, November 25, 2020, effective 12/16/2020

43 CR 23, December 10, 2020, effective 12/30/2020

44 CR 01, January 10, 2021, effective 1/30/2021

44 CR 03, February 10, 2021, effective 3/2/2021

44 CR 15, August 10, 2021, effective 8/31/2021

44 CR 22, November 25, 2021, effective 12/15/2021

45 CR 05, March 10, 2022, effective 3/30/2022

45 CR 24, December 25, 2022, effective 1/14/2023

46 CR 01, January 10, 2023, effective 1/30/2023

45 CR 22, November 25, 2022, effective 1/31/2023

46 CR 05, March 10, 2023, effective 4/3/2023