After the DMV hearing, I went to see about getting the interlock. The smartstart guy had me watch a video and then had me blow into the demo. I tried and tried but I couldn't do it right, so he wouldn't install it.
So, I sold my car to pay the legal bills. BTW, the officer said I refused a test but he lied, I said a blood test after I told him I have COPD and he wouldn't adjust his PBT to the setting for small lungs. I think it kept saying 000 and he kept trying to get deep alveolar air with a BAC reading. He got really mad and wouldn't give me a blood test.
I want my license back! My roommate said to buy a car, get the interlock, and she'll drive it to the service appointments. She doesn't drink either.
Is this legal? Are there any other options to get my license back?
It sounds like your roommate is offering to impersonate you, since the interlock-restricted driver is the one who is supposed to take the car to service appointments. This is likelynot legal.
If you have served the full period of revocation, you can reinstate as a "non-owner" since you do not own any vehicles registered in your name in the state of Colorado. This will allow you to be issued an ignition interlock restricted license. It won't initially benefit you because you won't have a vehicle to drive with the IID installed in it. However, the reason this makes sense in the long-term is that you will begin to get credit off of your interlock requirement and once you have met the full period of time (2 years for a refusal), you will then be allowed to reinstate to an unrestricted license.
So this really is a 2 year plan. But if you do not do this, the 2 year requirement stays forever and never goes away. This is a better option than buying a car, paying for the IID and still not driving because you can't make the device work.
Remember that you must be eligible for regular reinstatement to reinstate as a non-owner in Colorado. If you are only eligible for early reinstatement, then you can do as proposed. There is nothing that prohibits someone else from driving your vehicle with the IID installed in it. Now, you are going to be responsible for every blow into the device and if problems arise, they come back on you, saying it was your roommate will not get you anywhere at the DMV. In fact the affidavit you sign to reinstate states this.
As long as your roommate is not pretending to be you, there is no issue with this. You would need to be present for the installation and monthly downloads, but there is no problem with your roommate driving the vehicle to the appointments, or anywhere else for that matter.
