Is the Requirement for an IID Legal?

Defense Attorney Assisting Colorado Drivers Avoid IID Device Usage

After a DUI in Colorado, you may be required to install an ignition interlock device (IID) as part of your driver’s license reinstatement requirements. The IID, however, has been receiving media attention after some states are considering strengthening the provisions for this device. This begs the question: Are they legal in the first place?

Why IIDs Are Required

These devices are required as part of the punishment for a DUI conviction or arrest. They are required to reinstate your driver’s license. The device is wired to your car’s ignition system, and you cannot start your car until you have provided a breath sample. If any level of alcohol is detected during the test, your ignition will not turn on.

Also, you may be periodically retested when the vehicle is on to ensure that you are still sober.

While the process is intrusive, it is the state’s way of ensuring that you remain responsible and do not drink and drive again. Those who think that the use of an IID violates their rights need to consider one big fact.

Driving is a Privilege, Not a Right

Your driving of a vehicle is not a right that you have as being an American citizen. Instead, it is a privilege that you must earn and respect. There is no constitutional right (either via state or federal law) that allows you to operate a vehicle. Therefore, the government has the right to create restrictions as to when and how you may drive.

When the government uses an IID, it is their way of protecting society from someone who has a preponderance to drive under the influence. They are ensuring public safety, and these IID laws only apply to those who have been cited for a DUI. It is not imposed on those who have never driven drunk.

Part of Your Criminal Punishment

While you may feel that an IID violates your rights or is an invasion of privacy, you must realize that these devices are legal because they are a part of the criminal punishment for breaking the law. If you are convicted of a crime, you are subjected to a reasonable amount of restrictions as part of the state’s punishment.

For most, the device is a way to prevent excessive jail time; and, most would prefer to have an IID placed on their vehicle instead of remaining in jail.

Avoiding the Harsh Penalties of a DUI, Contact an Attorney

If you have been arrested for an IID, it is important that you speak to a Colorado Springs criminal defense attorney as soon as possible. A DUI conviction will lead to more than just an invading IID. It can also lead to a loss of your driving privileges, jail time, rehabilitation costs, fines, and a permanent  criminal record.

Speak with attorney Christian A. Schwaner, P.C. today at 719-577-9700 or request more information online.