Arizona’s Tough Ignition Interlock Device Law
Criminal DUI-DWI Criminal Criminal Misdemeanor
Summary: 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.
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.
Have you contacted an experienced DUI lawyer in Mesa?
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.
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 Mesa DUI Attorneys at Ariano &
Reppucci are here to assist you with legal counsel. We are available by telephone 24 hours a day,
7 days a week. Call us today at (480)
405-1558. No appointment is necessary.