A.R.S. § 28-1461: Use of Certified Ignition Interlock Device

Arizona has a zero-tolerance policy for individuals that drive under the influence of intoxicating beverages. One of the penalties for driving under the influence includes the requirement to install a certified ignition interlock device on any vehicle the person drives. The device requires the driver to blow into a breath-analyzing device that is wired to the ignition in order for the vehicle to start. If the device detects a blood alcohol concentration of .02 or more the vehicle will not start and the device reading will be sent to the Arizona Department of Transportation. Knowing the DUI laws, when the IID device will be required, and general things about the IID device will help an Arizona driver better understand the DUI process.

Arizona DUI Laws

Arizona is known to have extremely strict and dynamic DUI laws. There are three statutes, or laws, that punish DUI and each has different elements or factors with different penalties. The first law, Arizona Statute § 28-1381, is the base DUI statute that describes the four ways a driver can commit regular DUI:

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. The person was under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substance if the person is impaired to the slightest degree.
2. The person has a blood alcohol concentration (BAC) of .08 or more within two hours of driving.
3. The person had any drug defined in A.R.S. 13-3401 or its metabolite in the person’s body.
4. The suspect vehicle is a commercial motor vehicle that requires a commercial driver license (CDL) and the person has a BAC of .04 or more.

The second law, Arizona Statute § 28-1382, hands down harsher punishment for driver’s with a higher blood alcohol concentration. If a driver commits regular DUI with a BAC between .15 and .19 he will be charged with Extreme DUI. If the driver’s BAC is .20 or more then he will be charged with Super Extreme DUI. The penalties become more severe for each of these charges with higher BAC levels. While the penalties may be more severe, Extreme DUI and Super Extreme DUI, like regular DUI, are classified as class 1 misdemeanors.

Arizona Statute § 28-1383, the final DUI statute, lays out the circumstances of a Aggravate DUI which is classified as a felony. A felony conviction will receive harsher penalties and consequences than a misdemeanor conviction. A person commits felony DUI, or Aggravated Driving Under the Influence, when they commit a violation of either A.R.S. § 28-1381 or A.R.S. § 28-1382 listed above and one of five of the following circumstances exist:

1. The person’s driver license or privilege to drive is suspended, canceled, revoked, or refused or a restriction is placed on the person’s driver license or privilege to drive as a result of a previous DUI.
2. The current violation is the driver’s third DUI violation in a period of 84 months (7 years).
3. A person under 15 years of age is in the vehicle at the time of the DUI.
4. The driver is required to have a certified ignition interlock device installed.
5. The person drives the wrong way on a highway.

When will an Ignition Interlock Device be required?

For a regular DUI, a driver will need to install the IID if the DUI involved intoxicating liquor. A.R.S. § 28-1381 includes four ways an individual can commit DUI, two of those ways, found in (A)(1) and (A)(3), can be committed by drugs and not by intoxicating liquor. That statute goes on to read, “If the violation involved intoxicating liquor, (the driver) shall be required by the department, on report of the conviction, to equip any motor vehicle the person operates with a certified ignition interlock device.”

For any DUI offense, many times the individual’s driving privileges and license will be suspended or revoked. Arizona Statute § 28-1461 regulates the use of the IID and states that the IID requirement will begin when the driving privilege is reinstated or from the date the Motor Vehicle Department receives report of the conviction from the police agency, whichever occurs later. Whichever date is used, the driver must complete the alcohol or other drug screening, education or treatment program required first.

A driver will have the ignition interlock device requirement for 12 months if the person is convicted of regular DUI, Extreme DUI, or Aggravated DUI when they commit regular DUI with a child under 15 in the car. If the driver committed Super Extreme DUI, the requirement will be for 18 months and if it is the driver’s second or subsequent DUI and it is charged as a Super Extreme DUI it will be for 24 months. All other felony convictions other than regular DUI committed with kids in the car will require the IID for 24 months.

It is important to understand how the installation of the ignition interlock device can affect other terms in sentencing. The statutory jail time for a first-time offense of regular DUI is 10 days, for Extreme DUI it is 30 days, and for Super Extreme DUI it is 45 days. However, a significant portion of this time can be deferred, meaning the person will be released from jail and if they get in trouble again they will need to serve the remainder of the sentence. If a driver installs an ignition interlock device, the person can potentially serve 1-day jail for regular DUI, 9 days jail for Extreme DUI, and 14 days jail for Super Extreme DUI. This shows the importance court places on the IID device and the need to install it to avoid longer jail time.

The Ignition Interlock Device

The Arizona Department of Transportation website has various resources dedicated to the ignition interlock device that can answer any question a person has about the IID requirement. Most importantly, the driver must follow all of the installation dates and requirements. The ADOT website has a list of providers where one can install the device. The MVD monitors the IID installation and testing. There are certain violations that can extend the IID requirement or suspend the special IID license. These violations include 2 failed breath test samples, 3 consecutive missed tests prompted by the device while driving, missing a 90-day calibration appointment, tampering or circumventing the device, and disconnecting or removing a device early. All of this information can be transmitted to the MVD, the Department of Health Services provider, the probation department, the physician or substance abuse counselor, and the court. Any of these violations can have severe consequences so the driver must be aware and vigilant to not commit any of these punishable acts.

Because the DUI charge includes a variety of punishments and requirements, including the ignition interlock device, it is vital to have an experienced attorney to help with the process. Whether it is challenging the validity of the stop, the administration of any of the field sobriety tests, or the procedure of obtaining a warrant or fighting for better terms of a plea deal, an experienced attorney will navigate this process with you. At Gilbert DUI Lawyer, you get top-notch representation with personable communication - call today.