Over the past few months, I have received many client inquiries about a Colorado employer vehicle exception, or a “commercial vehicle” exception, for a restricted license with interlock requirements. The simple answer is that Colorado does not have a commercial vehicle interlock exception.
When I started asking where clients were getting this information, the responses I got were from internet searches, Reddit, and AI responses provided by Google and other search methods. There seems to be some blogs written by interlock companies suggesting Colorado has a commercial vehicle interlock exception, where a person on a restricted license for a DUI conviction or related revocation can drive an employee’s vehicle without an interlock. This is simply not true, and getting caught driving a vehicle without an interlock, whether it is your vehicle or your employees for work purposes, causes a criminal charge, an extension of your license revocation, and additional interlock requirements once reinstated.
Under C.R.S. § 42-2-132.5, when a driver is subject to an interlock-restricted license, they may not operate any vehicle without an interlock installed, and there is no exception that authorizes operation of a commercial motor vehicle or employer’s automobile during the interlock restriction period, unless that commercial vehicle is equipped with an ignition interlock device.
C.R.S. § 42-2-132.5(10), makes it a class 1 traffic misdemeanor to operate a vehicle after circumventing interlock device. If a restricted driver is caught driving a non-interlock equipped vehicle, the officer shall immediately confiscate the driver’s license, not permit the driver to continue to operate vehicle, and file an incident report to the DMV. In addition, Colorado judges are not allowed pursuant to this law to accept a plea of guilty to another offense from a person charged with this crime, unless the DA makes a case that they cannot prove the offense in trial. Plea bargaining out of this offense and the penalties involved, such as incarceration, are extremely limited.
Hopefully, this article and its information prevent restricted drivers who are getting bad legal advice on the internet and from attorneys that are not familiar with the intricacies of Colorado DUI law from driving without an interlock under false beliefs. The penalties are severe, and ignorance of the law is not a defense.
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