If you have been convicted of a DUI in Arizona, you may be required to use an ignition interlock device (IID) in order to be allowed to operate a vehicle. Using an IID every time you need to start your car can be extremely inconvenient and can cause considerable harm to your reputation if you use your car for business.
In many cases, the only way to avoid being forced to use an IID is to beat the drunk driving charge completely. It is important that you seek the advice of an attorney who knows the law and can help you avoid a conviction and the harsh penalties that come with it. At Rosenstein Law Group, our Scottsdale DUI defense attorneys represent clients throughout the Phoenix area and across the state in all types of drunk driving cases.
An IID is a type of technology installed in a car to decrease drunk driving. The device, which is about the size of a cellphone, controls whether or not the driver may turn the car on by testing the driver for alcohol in their breath before allowing the car to start. If the device detects alcohol on the breath, the engine will not start. The device will also require the driver to provide an additional breath sample at random times after the engine has started. If the driver fails to provide the sample or if the sample contains alcohol in it, the device will log the event, warn the driver and set off an alarm until either the engine is turned off or a clean breath sample is provided. For obvious safety reasons, the device does not have the ability to turn off the car once it has been started.
In 2007, Arizona legislature enacted a law that requires the installation of an IID in all vehicles belonging to someone convicted of DUI for at least one year after the conviction. While that required time period was reduced to six months in 2012, the requirement for installation still stands in order to be granted a restricted license subsequent to any DUI conviction. This device is to be installed in all vehicles that the convicted will be driving after they have served the rest of their sentence and their license has been reinstated after suspension. In addition to the mandated installation, the Motor Vehicles Department requires the device to be calibrated and inspected by a state-certified installer once every 30 days for the first three months and then every 60 days for the remainder of the required installation.
According to Arizona Revised Statute § 28.1461, a person is required to prove compliance with an IID to the MVD every 90 days and failure to do so will result in indefinite license suspension until the requirement has been met. The burden of proving compliance is on the person themselves and the installation company cannot be relied upon to meet that requirement. The device must be installed by an authorized installer in order to meet the requirements of the law.
In order to be eligible for a restricted driver’s license subsequent to a DUI conviction, an IID must be installed in the cars driven by the individual. In addition to the installed device, the driver must have paid all the fees associated with their offense, completed the alcohol treatment programs as ordered by the court, paid all the fees associated with the sentence and prove proof of SR-22 Insurance to the MVD. At the Rosenstein Law Group, a Phoenix DUI attorney can defend you in court in order to avoid DUI consequences such as installment of the IID.
The requirements for an IID may vary in severity based on the nature of the charge and conviction. Complying with the conditions of your sentence can increase your chances for a reduced installation requirement. To learn more about the ignition interlock program and how you can be eligible after a DUI conviction, contact Rosenstein Law Group. If you are facing DUI charges and have not yet been convicted, a Phoenix DUI lawyer from our firm can help you avoid conviction and the requirement of an IID. Penalties for DUI conviction are especially harsh in Arizona, therefore all measures to avoid such conviction should be taken and an attorney from our firm can help you do that.
Call one of our offices today to discuss your case with a dedicated Arizona DUI defense lawyer. We offer a free initial consultation where you can get your questions answered and learn more about how we can help you. You can reach us by phone at (480) 456-6400 or contact us via email for an appointment.