available 24/7
Free Consultation
An ignition interlock device is a type of technology installed in a car to decrease drunk driving. The device works by requiring you to blow before starting your car, and not allowing ignition if there is alcohol on your breath. Following successful ignition, the device will also randomly require you to blow into it at various times while driving. If you fail to provide a sample in time or provide a sample with alcohol on your breath, the device records the incident and warns the driver. However, since engine shutdown mid-drive is incredibly dangerous, the device does not stop your car after you have successfully started it.
In 2007, the Arizona legislature enacted a law that requires the installation of an ignition interlock device in all vehicles belonging to someone convicted of DUI for at least one year after the conviction. While this requirement was lowered to 6 months in 2012, the law still states that the device is necessary for license reinstatement. Any vehicles owned by the person convicted are required to be fitted with the device. In addition to the mandated installation, the Motor Vehicles Department requires the device to be calibrated and inspected by a state-certified installer once every 30 days.
According to Arizona Revised Statute § 28.1461, a person is required to prove compliance with an ignition interlock device to the MVD, and failure to do so will result in indefinite license suspension until the requirement has been met. You have the burden of proof and cannot expect the installation company to go to the MVD for you. To meet legal requirements, the device must be installed by an authorized installer.
In order to be eligible for a restricted driver’s license subsequent to a DUI conviction, an ignition interlock device must be installed in the cars driven by the individual. In addition to the installed device, the driver must have paid all the fees associated with their offense, completed the alcohol treatment programs as ordered by the court, paid all the fees associated with the sentence, and prove proof of SR-22 Insurance to the MVD. At the Rosenstein Law Group, a Tempe DUI attorney can defend you in court in order to avoid DUI consequences such as the installment of the ignition interlock device.
The requirements for an ignition interlock device are tied to the severity of the charges you are convicted of. Complying with the conditions of your sentence can increase your chances of a reduced installation requirement. To learn more about the ignition interlock program and how you can be eligible after a DUI conviction, contact Rosenstein Law Group. If you are facing DUI charges and have not yet been convicted, a DUI lawyer from our firm can help you avoid conviction and the requirement of an ignition interlock device. Due to Arizona’s harsh DUI penalties, it’s only in your best interest to be defended by a proven and experienced attorney. Call our office today for a free case evaluation.