Ignition Interlock Device after DUI Conviction

Ignition Interlock Device

6/14/16  If you have been convicted of DUI Alcohol in Arizona, you have been ordered to install an ignition interlock device (IID) for a period of at least one year (first-time offenders in non-accident cases may be eligible for a deferment of the final 6 months of the IID period if, before the time of eligibility, Arizona MVD is provided proof of completion of alcohol screening and a minimum 16 hours alcohol education counseling, the IID is successfully maintained for the first 6 months, and no more than 2 attempts have been made to operate the vehicle with an alcohol concentration of .08% or above during the IID period).

Using an IID may not be easy at first, and people with serious pulmonary issues may find it impossible. Unfortunately Arizona MVD does not currently have any mechanism to waive the interlock requirement in cases such as these.

Choosing an Arizona MVD-approved IID provider is the first step (visit the Arizona ADOT/MVD website for a current ignition interlock provider list). While many of the companies are the same or similar in terms of price, it is in your best interest to find out what the monthly fees will be as well as any additional fees there might be in the case of problems, mechanical and otherwise.

Those persons convicted of a first time Extreme DUI may be required to provide proof of IID maintenance to the court (which may be required as many as 4 times a year), and it is very important to find out what the procedure is for forwarding the required records, to the court and your attorney.  Will a release of information be required and, if so, are there any additional fees?  One IID company in particular, who shall remain nameless here and whom I now caution my clients against using, required a previous client to execute a written release, to be delivered via a package delivery service or certified mail only and including payment of additional fees, each and every time before they would release the records to me, in this person’s case 4 times a year.  As timely provision of the IID records can prevent your repeatedly being required to appear in court this can be extremely important, especially if you have difficulty taking time off work and most particularly if you do not have an attorney who will appear for you after sentencing, as I do for my clients.

Next you must successfully make it through the interlock period, including keeping monthly maintenance appointments and paying associated fees, providing periodic maintenance records to the court and, of course, not attempting to operate, or permit anyone else to operate, their interlock-equipped vehicle with a blood alcohol level above .08% (or any alcohol level for underage drivers), and driving only a vehicle equipped with an interlock device.  This includes the avoidance of “false positive” results, which can be triggered by many common substances (see our recent blog post here). Be sure to ask your provider about specific things to avoid with your particular device and, if you experience a false positive, rinse your mouth well with water and wait 10-15 minutes before attempting another test.

Failure events are automatically communicated to Arizona MVD and, if occurring more than twice, can result in a six-month extension of the interlock period and/or ineligibility for the deferment. If an extension order is generated, even if there is a valid explanation for the problem such as a false positive, a hearing to contest the extension must be requested within the allowable time period and, if not, the extension goes into effect.  Please note, if an interlock extension order does go into effect even one further failure event will trigger an additional six-month extension.

If you’ve been charged with DUI or another criminal offense, getting help from an experienced and knowledgeable lawyer is one of the best things you can do for your case. Gordon Thompson has been practicing criminal and DUI law since 1979, and has used his vast experience to help countless people charged with DUI and other criminal offenses get the best result. Call Gordon Thompson now, 24/7, so he can put his many years of experience to use and help you get the best result for your DUI or criminal case.