Ignition Interlock Device (IID)
Ignition Interlock Device Arizona
IID Installation as a Phoenix DUI Penalty
If you have been arrested for drunk driving in Arizona, you should know what an ignition interlock device (IID) is. This is a possible penalty for those convicted of DUI. The device is a breath testing machine that is hooked onto the dashboard and connected to the ignition of a vehicle.
Before starting the vehicle, the driver will have to blow into the device. If the device detects blood alcohol content, then the ignition will not start. These IIDs are also tamper-proof. To prevent other people from blowing into the device and then letting a drunk driver get behind the wheel, the IID will require breath samples at random intervals while the car is on.
While this device cannot stop a vehicle while it is in motion (if it detects blood alcohol content), the device will sound an alarm that will not shut off until the ignition is turned off. The IID will also record any and all events where a driver attempted to drive with a blood alcohol concentration.
This log will be monitored and reviewed and will play a part in whether or not the driver gets their license reinstated. If you have been arrested for drunk driving in or near the Phoenix area, then you face the possibility of IID installation. To learn more about this penalty and what our firm can do in your defense, call today.
Arizona Ignition Interlock Law
According to the Arizona Statutes,
Anyone convicted of driving under the influence or extreme influence will be required to install an ignition interlock device on any vehicle they operate.
Drivers may be required by the court to install an IID on their vehicle for over 1 year from the reinstatement of their license or when the conviction report is received, whichever one is later.
Not only does the ignition interlock requirement apply to those convicted of extreme DUI (over .15 percent BAC), but it is also a penalty for regular driving under the influence of drugs or alcohol, according to § 28-1381 of the Arizona Revised Statutes.
Ignition Interlock Requirements in Arizona
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.
IIDs and Special Restricted Driver Licenses in Phoenix
An ignition interlock device is a penalty of a drunk driving conviction, but it can also be a way for a convicted drunk driver to get their driving privileges partially restored sooner than they normally would have. In Arizona, drivers convicted of DUIs may be eligible for this restricted driver license if they meet certain qualifications.
There are six qualifications:
- Contacted the Arizona Department of Transportation to confirm eligibility
- Driver has no outstanding driver license actions pending
- Ignition Interlock Device has been install and "Verification of Installation" form has been obtained
- If required, driver complied with mandatory alcohol counseling programs
- Proof of future financial responsibility submitted
- Paid fees
Contacting a Phoenix DUI Attorney for a FREE Evaluation
If you were arrested for drunk driving in Phoenix, Knowles Law Firm, PLC may be able to help you. Our years of legal experience and our lead attorney's experience as a former Arizona police officer can serve to your benefit. You may have questions about the ignition interlock device and other possible penalties of drunk driving. We encourage you to contact a Phoenix DUI lawyer from our firm directly so that we can evaluate your case and inform you of your options.
Initial consultations are free, so call us at (602) 702-5431 or submit an online contact form to get started!
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