Ignition Interlock Requirements in Arizona

Ignition Interlock Requirements in Arizona

The ignition interlock device (IID) is one potential penalty of a DUI conviction. The IID is an electronic breath testing device that is installed in vehicles. Before you can turn the key in the ignition to start a vehicle, the device will require that you submit a breath test. If there is any measurable alcohol on your breath, then the car will not start.

Who has to have the IID installed?

Not everyone who is arrested for DUI has to have the IID installed in their vehicle(s). The IID is a penalty that is up to the court's discretion to impose. While IID installation may not be likely for a fist time DUI, it becomes increasingly more likely with each subsequent drunk driving offense. According to Arizona Revised Statutes 28-3319, those arrested for extreme DUI are automatically required to have the IID installed unless they successfully contest their DUI at the MVD hearing.

The ignition interlock device is also used as a probationary tool. For example, if someone is arrested for DUI and has their license suspended, but then gets their license reinstated, one of the conditions of license reinstatement may be that an IID is installed.

IIDs can also be for those petitioning for a restricted driver's license. In the state of Arizona, those who have had their licenses suspended may petition for a restricted (hardship) license that allows for limited driving privileges. One condition of granting a restricted license may be IID installation.

How accurate are IIDs?

IIDs are about as accurate as any other breath testing device. They must be constantly monitored and calibrated in order to maintain accuracy and result in accurate reporting as far as possible. As with any electronic device, there will be a margin of error. IIDs are extremely tamper proof. Drivers under the IID restriction may not use someone else's breath, for example, because the IID will require random breath sampling while the vehicle is on.

Who has to pay for installation and calibration?

Part of the IID penalty includes monitoring, installation and calibration fees. If you are arrested for a DUI and this penalty is imposed on you, you will have to front the costs. If you cannot afford the costs of your IID, the court may be able to work out an agreement. The Motor Vehicle Department (MVD) monitors the device while it is installed.

How long are they installed for?

The length of time the IID is installed will vary greatly depending on the nature of your offense, any prior offenses and what the IID is being installed for. For example, you may have been required to have the IID installed for 12 months, but if the MVD receives a report that you were tampering with the device, the installation length could be extended 6 to 12 months.

Categories: Criminal Defense, DUI

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