Blow Before You Go: Mastering Ignition Interlock Devices with Tamou Law Group PLLC
A plain-English guide from Tamou Law Group, PLLC, Arizona dui defense attorneys available 24/7.
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Blow Before You Go: Mastering Ignition Interlock Devices with Tamou Law Group PLLC
In the state of Arizona, driving under the influence (DUI) carries serious penalties aimed at preventing repeat offenses and ensuring public safety. One such measure is the use of Ignition Interlock Devices (IID). At Tamou Law Group PLLC, we understand the complexities surrounding DUI penalties and the specific requirements related to IIDs. This blog post aims to provide a thorough understanding of IIDs, their purpose, the legal requirements in Arizona, and how they might affect you if you are facing DUI charges.
What is an Ignition Interlock Device?
An Ignition Interlock Device is a small, electronic breath-testing device that is installed in a vehicle to prevent it from starting if it detects a certain level of alcohol in the breath of the driver. The device requires the driver to blow into a mouthpiece before starting the vehicle. If the breath-alcohol concentration analyzed by the device is greater than the programmed limit, typically set to 0.02% BAC in Arizona, the vehicle will not start.
Legal Requirements for IIDs in Arizona
Under Arizona law, IIDs are required for all DUI convictions, including first-time offenses. Arizona Revised Statutes (ARS) 28-3319 mandates that the Motor Vehicle Division (MVD) of the Department of Transportation must require the use of certified ignition interlock devices for anyone convicted of DUI. The length of time the device must be installed varies depending on the severity of the offense and whether it is a repeat offense:
- First DUI Offense: Typically, an IID is required for at least 12 months.
- Extreme DUI (BAC of 0.15% or higher but less than 0.20%): Mandatory IID installation for a minimum of 12 months.
- Super Extreme DUI (BAC of 0.20% or higher): IID requirement can extend up to 18 months for a first offense.
- Repeat Offenses: For individuals with prior DUI convictions, the IID requirement can extend for 24 months or more.
Benefits of Using an IID
While it may seem restrictive, the use of an IID has several benefits:
- Prevention of Repeat Offenses: IIDs act as a strong deterrent against repeat offenses by physically preventing the operation of a vehicle if the driver has been drinking.
- Safety: IIDs help keep the roads safer by ensuring that drivers previously convicted of DUI are sober before they drive.
- Behavioral Change: Over time, IIDs can help foster behavioral changes in habitual offenders, promoting sober driving habits.
Challenges and Considerations
Despite their benefits, IIDs come with challenges that affect users:
- Cost: Installation and monthly rental fees can be a financial burden. Costs typically range from $70 to $150 for installation and about $60 to $100 per month for device rental and monitoring.
- Maintenance: Regular maintenance and calibration checks are required to ensure the device functions correctly.
- Stigma: There can be a social stigma associated with having an IID installed in one’s vehicle.
Navigating IID Requirements with Tamou Law Group PLLC
Navigating the legal requirements and managing the logistics of an IID can be daunting. Whether you are facing your first DUI charge or you are a repeat offender, understanding your rights and obligations is crucial. Here at Tamou Law Group PLLC, we specialize in DUI defense and can help guide you through the process of complying with IID requirements, from installation to removal.Our team is here to assist you in minimizing the impact of a DUI conviction on your life and ensuring you meet all legal mandates without undue stress. We understand the intricacies of DUI laws in Arizona and are committed to providing the best legal support.
Contact Us
If you or someone you know is facing DUI charges and needs guidance regarding Ignition Interlock Devices or any related legal matters, do not hesitate to contact Tamou Law Group PLLC at 623-321-4699. Our experienced attorneys are ready to help you navigate the complexities of DUI laws and protect your rights.Remember, at Tamou Law Group PLLC, we are not just lawyers; we are your advocates for justice and safety on the road.
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Frequently Asked Questions
How long do you have to keep an ignition interlock device after a DUI in Arizona?
Arizona requires an ignition interlock device for at least 12 months after any DUI conviction, extending to 18 months for a super extreme DUI and 24 months or more for repeat offenses. Under A.R.S. 28-3319, the MVD will not fully reinstate your license until the interlock period is completed.
Is an ignition interlock device required for a first DUI in Arizona?
Yes, Arizona requires a certified ignition interlock device for every DUI conviction, including a first-time regular DUI, for a minimum of 12 months under A.R.S. 28-3319. The device must be installed before the MVD will reinstate full driving privileges after your suspension ends.
How much does an ignition interlock device cost per month in Arizona?
An ignition interlock device in Arizona typically costs $70 to $150 for installation plus $60 to $100 per month for rental, monitoring, and calibration. Over a 12-month requirement, total costs usually run $800 to $1,400, and the driver, not the state, pays all fees.
What happens if you fail an ignition interlock breath test in Arizona?
If you fail an interlock breath test in Arizona, the vehicle will not start and the failed test is recorded and reported to the MVD. Repeated failures or attempts to tamper with the device can extend your interlock period or trigger additional license consequences.
Can you drive someone else’s car during your interlock period in Arizona?
No, if the MVD has ordered an ignition interlock restriction, you may only drive vehicles equipped with a certified device. A limited employer exemption may let you drive a work vehicle if your employer is notified, but driving any other non-equipped vehicle violates A.R.S. 28-1464 and can extend your requirement.
What is the ignition interlock requirement for a super extreme DUI in Arizona?
A super extreme DUI in Arizona, meaning a BAC of 0.20% or higher, requires an ignition interlock device for at least 18 months on a first offense. That is six months longer than the 12-month period for a regular or extreme DUI, reflecting the higher BAC.
Does an extreme DUI count as a felony in Arizona?
No, a first or second extreme DUI in Arizona is a class 1 misdemeanor, not a felony, even with a BAC of 0.15% or higher. It only becomes a felony aggravated DUI under A.R.S. 28-1383, such as a third DUI within 84 months or driving on a suspended license.
Can a DUI lawyer reduce or remove the interlock requirement in Arizona?
Yes, in some cases a DUI lawyer can help you avoid or shorten the interlock requirement, such as by getting the charge reduced to reckless driving, which carries no mandatory interlock. Some first-time offenders can also cut the period to six months by completing alcohol screening and treatment. Call 623-321-4699, 24/7.
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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.
