Arizona Interlock Device Information:
If you’ve been convicted of a DUI in Arizona, you will probably need to install an interlock device, also known as a breathalyzer, in your vehicle for a period of time. This period of time could be years, depending on your conviction and if you violate any laws during the time you’re required to use the interlock device.
Your Legal Options
If you feel your conviction was unfair or incorrect (even if you had an attorney present to help you), you should consider seeing a criminal/DUI attorney to review your case and see if there is a way to rescind the conviction. There are laws in Arizona (also known as post conviction relief) that are put into place for cases where a defending attorney was incompetent in their duties or other legal issues prejudiced the outcome in some way.
If you feel that this is the case, please do yourself a favor and contact a criminal attorney today. We are available to answer your questions and even give you a free consultation. Don’t procrastinate about this though! Post conviction relief is only available for a certain period of time, and that time goes by very quickly when you’re busy. Call us today at 602-324-5300 to get your free consultation.
Interlock Device Frequently Asked Questions
After being convicted of certain alcohol- and/or drag-related offences, state law mandates the installation and maintenance of an interlock device (see Arizona Revised Statutes 28-1381, 28-1382, 28-1383, 28-1461 and 28-3319).
What exactly is an Ignition Interlock Device (IID)?
An ignition interlock device is a device that is put in a car or other vehicle to prohibit people who are under the influence of alcohol from driving. The driver will be forced to blow into the ignition interlock's mouthpiece before starting the car to give a breath sample for examination. The car will not start if the driver's blood alcohol content (BAC) exceeds the pre-set level (0.02). After starting the car, the driver may be compelled to provide further breath samples at random intervals while the engine is running. The gadget cannot switch off the automobile ignition after it has been started for safety reasons. The ignition interlock saves and transmits data to the department, which includes test results and infractions.
Who can I get to install the Ignition Interlock for me?
A list of ignition interlock service providers allowed for usage in Arizona may be found at https://azdot.gov/motor-vehicles/driver-services/ignition-interlock/interlock-installation-and-monitoring.
What should I do when the Ignition Interlock is installed?
To determine the beginning point of time for your necessary ignition interlock time period, check that all other legislative criteria have been satisfied or that the cause of the action has been removed. Please contact an MVD or approved Third Party office to restore your license. If you have previously had your driving privileges reinstated, the interlock requirement is optional as soon as the department receives notification of the conviction. Failure to install the device and produce proof to the MVD within 30 days of your conviction may result in immediate suspension of your Arizona driving license and probable extension of the initial interlock requirement. The interlock device must be calibrated and examined by a qualified installation every 90 days after it is placed in your vehicle. For the first three months, the manufacturer must electronically submit compliance checks every 30 days, then at least every 90 days following.
Is the Six-Month Deferment available to me?
Some first-time offenders may be able to have the Interlock device removed after 6 months. If you believe you may be qualified, contact an MVD or Authorized Third Party office.
• If the offense occurred on or after January 1, 2012, you may be eligible.
• No DUI convictions in the past 7 years (84 months).
• The infraction was not a serious DUI. • There was no mishap involved.
• You've had at least 16 hours of substance abuse education.
• During the first six months, there were no infractions. • ADOT has received electronic reporting of at least four Compliance Checks, the most recent of which was received within the previous 35 days.
• Your reinstatement date has been at least 6 months ago.
• The second six months are a 'probationary phase.'
What are the reasons for the CIID's extended suspension?
• Failed Breath Tests (2 if over 21/1 if under 21- samples exceeding the legal limit at any time throughout the full interlock requirement) - The interlock may enter a lockout period and the CIID may be extended for 6 months.
• Failed/Missed 3 Consecutive Rolling Retests - A CIID extension of 6 months. This includes, but is not limited to, shutting off the car after receiving a request in order to avoid delivering a sample.
• Missed scheduled 90-day calibration appointment- Driver's license suspension and restart of the initial interlock time period.
• Tampering or circumventing the device results in a 6-month extension of the CIID and/or prosecution. Tampering or circumventing is a misdemeanor of the first degree.
• Disconnecting or uninstalling a device too soon - Suspension of the driver's license and restarting the initial interlock time again.
o You have 72 hours from removal to reinstallation if you change cars or manufacturers. Driving without an interlock is not authorized throughout the 72-hour period and is a violation of your court order which can/will result in additional time added to your mandatory IID period.
How does an interlock device work with a motorcyle?
If your primary vehicle is a motorcycle you will want to consider using a car or other 4-wheel vehicle during the time you're required to use a CIID. Motorcycle installers are very difficult to find and it's not really recommended to get a CIID on a motorcycle anyway.
Frequently Asked Questions: For answers to more Frequently Asked Questions please visit https://azdot.gov/motor-vehicles/driver-services/ignition-interlock/faq-ignition-interlock