2/16/16 Ignition Interlock Device Issues After Sentencing
Installation of an ignition interlock device (IID) for a period of at least one year is a requirement for all alcohol-related DUI convictions in Arizona. If the person is found guilty of a Regular DUI (.08% BAC) or an Extreme DUI (.15% BAC) the IID is ordered for one year. If the person is found guilty of a first or second offense Super Extreme DUI (.20% BAC), then the required time periods are 18 and 24 months, respectively. First-time offenders whose cases do not involve an accident may be eligible for a deferment of the final 6 months of the IID period if, before the period of eligibility, they complete at least 16 hours of alcohol education counseling and proof of same is provided to Arizona MVD, successfully maintain the IID for the first 6 months, and have not attempted to operate a vehicle with an alcohol concentration of .08% or above 2 or more times during the IID period.
Using an IID may not come easily at first; for people with serious asthma or other pulmonary problems, use of the IID may even be impossible. In addition to that difficulty, there are numerous, very common substances which can (and have) resulted in so-called “false positives” (false in that the alcohol reading is not an accurate reflection of the person’s current BAC, but quite true in that the device is detecting alcohol).
You may be surprised to realize how many everyday substances contain enough alcohol to cause an issue with the IID, the most common of which are medicines, mouthwashes and mouthsprays, hand sanitizers and perfumes. Depending on the type of IID used, even foods containing little to no alcohol, such as mints, yeasty, sugary foods such as doughnuts or cinnamon rolls, or spicy foods may cause a temporary false reading. It is always important to remember, if a false reading happens to you, to rinse your mouth well with water and wait 10-15 minutes before attempting another test.
These 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, a hearing to contest the extension must be requested within the allowable time period and, if not, the extension goes into effect even if there is a valid explanation for the problem.
Part of the service I offer is effectively an insurance policy against problems such as these; no matter what the problem, I am always glad to assist my clients in every way I can, both during and after the case. Hire me, and I will do my best for you both now and in the future.
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. Equally important is choosing a lawyer who will continue to help you, after sentencing and beyond. 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 for you.
