Arizona’s Tough Ignition Interlock Device Law – DUI Lawyers in Phoenix
As public concern over the issue of drunk and drugged driving has increased, states have passed more stringent laws in an effort to curb the behavior of drunk drivers. Since September 2007, Arizona law requires that a Mandatory Ignition Interlock Device (IID) be installed on the cars of all those convicted of driving under the influence (DUI), including first offenders. It is instructive for drivers to understand how these devices work, when they are required to be installed, and the costs and other circumstances surrounding their use in Arizona.
How Does the IID Function?
The IID is a type of breathalyzer which is wired to the vehicle’s ignition and installed on the dashboard. Before the driver can start the vehicle, he or she must breathe into the device. If alcohol exceeding the preset requirement blood alcohol content (BAC) is detected on the person’s breath, the car will not start. If the driver passes the breathalyzer test initially and begins driving, the device will at random times require the driver to provide another breath sample. If the driver does not exhale into the device, or the sample exceeds the set (BAC) level, the device will create a log of the event, warn the driver, and set off an alarm until the driver turns off the ignition or provides a clean breath sample. Contact an affordable Phoenix DUI attorney to find out about pricing and our payment plans.
When Would a Driver Be Required to Install an IID?
Beginning in 2007, Arizona requires all DUI offenders to install an IID on every car they drive. Briefly, the laws against drunk driving prohibit:
- driving while impaired to the slightest degree by alcohol or drugs;
- driving with a BAC of 0.08 or more, or 0.04 or more if driving a commercial vehicle;
- driving with illegal drugs in one’s system;
Increased penalties occur when the BAC is at or above 0.15 (Extreme DUI) and again if it is at or above 0.20 (Super Extreme DUI).
Felony DUI convictions occur for driving under the influence of drugs or alcohol:
- while a license has been suspended, revoked, etc.;
- while a child under 15 is in the car;
- for a third offense within 7 years;
- while under orders to install an IID on one’s car.
For a first offense of misdemeanor standard DUI, Arizona law requires the installation of the IID on one’s car for 12 months. Subsequent DUI violations and Extreme DUI violations can result in a requirement of maintaining the IID on one’s car for more than 12 months. Felony DUI violators can be required to install the IID for more than 2 years. Call Ariano & Associates law firm for additional information concerning ignition interlock in Arizona.
IID Costs and Other Issues
The Arizona Motor Vehicles Division (MVD) has on its web site a list of approved ignition interlock installation companies. Once the device is installed, the driver must submit to periodic inspections every 90 days to show proof to the MVD that the individual has installed a functional and certified IID in each motor vehicle the person operates.
There are costs associated with installing these devices, in addition to monthly costs which vary by company. Of course, the driver under the IID order is responsible for paying these amounts.
A DUI conviction is no laughing matter, as it will damage your driving record, restrict your ability to drive, and cost you money not only for fees associated with the legal process, but also fees for complying with the IID order. Avoiding drinking and driving is the best solution, but if you find yourself in the unfortunate circumstance of being charged with DUI, you deserve the best representation you can find. The attorneys at Ariano & Associates are here to assist you with legal counsel.