If you are convicted of a DUI due to alcohol you will be required to use an ignition interlock device (IID) once your driving privileges have been reinstated.
An IID is a cell phone-sized unit that attaches to your dashboard. It is connected to the ignition of your vehicle. The interlock device works much like a breathalyzer test. You must breathe into it before starting your vehicle, and if your BAC measures above a certain level, the car will not start. All readings are transmitted to the DMV via computer.
If you are ordered to use an ignition interlock device by a greater Phoenix court, it is important to know that undermining the device or driving without it is a criminal offense under A.R.S. 28-1464 (K). In addition, use of the IID will be extended up to one year.
Under Arizona law A.R.S. 28-1464 (A) a person under court order to use a certified IID is prohibited to renting, leasing, or borrowing a vehicle to drive that does not have a certified IID in it. The only exception to this provision is in the event of a substantial emergency.
Use of a certified ignition interlock device is no longer a required penalty for DUI convictions involving drugs only. Instead, the judge now has discretion of whether or not to order this penalty based on the circumstances surrounding the drug impaired driving charge.
An ignition interlock device will be required if you are convicted of an alcohol related DUI. But the length of time you must use the system depends on your specific charge. If you are convicted of a first- or second-offense regular misdemeanor DUI or a first-offense Extreme DUI, you will be required to use an interlock system for 12 months. A first-offense Super Extreme DUI conviction results in an interlock device being installed in your vehicle for 18 months. If you already have a Super Extreme DUI on your record, or if you are found guilty of a felony DUI, you will be required to use an ignition interlock device for 24 months. Receiving a subsequent DUI while under court order to use an interlock device qualifies as a felony charge.
Ignition interlock devices must be installed on all vehicles that you use, including those registered under someone else’s name and any vehicles that you use for work. In the latter instance, you must ask your employer to fill out the ignition interlock employer notification form, and you must carry this form with you while operating the work-related vehicle. If you are caught driving without the interlock device, your required use will be extended for a year.
The length of time that you will be required to use the device is based on the classification of charges as well has the blood alcohol content (BAC) involved. Below are some examples:
A person is required to install the IID after their driving privileges have been reinstated. Depending on the charges a person may be qualify to apply for a restricted driver’s license with use of the IID after 45 days of the driving suspension period.
If the court has ordered you to install an IID, you will be required to use a certified ignition interlock company authorized by the Arizona Department of Motor Vehicle division.
The IID is required to stay in the vehicle for the later of 1) the reinstatement date of your driver’s license or 2) the date the Arizona Department of Transportation receives notice of conviction.
If you are required to use an interlock device, you will also be responsible for paying for the installation, monitoring, and maintenance of the device. These fees may vary based on the providers that you use, length of time the device is used, and other factors.
Police will know in when they see your driver’s license. During the time you are required to use the certified IID, the MVD will issue your replacement driver’s license that includes an indicator that you are required to use IID.
If you have been charged with a DUI or a violation of the IID usage, it is important that you consult and retain a criminal defense attorney as soon as possible.
James Novak of The Law Office of James Novak, is a former prosecutor and experienced criminal defense attorney. If retained James Novak will protect your rights and provide strong legal representation in your defense.
He is highly skilled in the area of DUI and defends those accused of criminal violations in Phoenix, Tempe, Mesa, Chandler, Gilbert, and Scottsdale AZ.
If you face active DUI charges, or IID violation charges in the greater Phoenix area or East Valley cities and are not yet being represented by an attorney call attorney James Novak at (480) 413-1499. You can also complete our on-line contact form to speak directly with James Novak Law Office of James Novak regarding your matter and options for defense.