Ignition Interlock Device Penalties for Arizona DUI Convictions
The National Highway Traffic Safety Administration (NHTSA) indicates that nearly 30 people die every day as a result of drivers that operate motor vehicles under the influence of alcohol. Drunk driving accidents continue to fall throughout the United States, however, over 10,000 lives are still lost every year. As a result, many states, have chosen to include the requirement of an ignition interlock device as part of a DUI (driving while under the influence) conviction. If you were arrested and charged with a DUI in the state of Arizona, or if you just received a conviction for a DUI, learn more about ignition interlock device penalties and your legal rights.
Arizona DUI Laws
The state of Arizona takes drunk driving extremely seriously and any driver that makes the decision to operate a motor vehicle while under the influence of alcohol may face severe penalties. According to the Arizona Department of Public Safety, if a driver has a blood alcohol concentration (BAC) level above 0.08%, they are considered to be intoxicated under the law.
Sobriety Testing
Chemical tests are issued in the field when a driver suspected of driving under the influence of drugs is stopped by a police officer. Any refusal to take this chemical test may result in the suspension of a driver’s license for one year for a first offense. Second and third offenses related to the refusal to take a sobriety test may result in the suspension of a driver’s license for two years.
DUI Arrest and Charge
If a driver fails a chemical test in the field or fails any kind of sobriety test administered by a law enforcement officer, they will likely be arrested and charged with a DUI. Drivers then will have an opportunity to have their case heard before a judge in order to determine whether or not the charge will result in a conviction and penalties.
DUI Penalties in the State of Arizona
Arizona Statute 28-1381 makes it illegal for a person to operate a motor vehicle under the influence of alcohol or drugs. The penalties for a DUI in the state of Arizona are as follows:
First Offense
A first offense of a DUI in the state of Arizona may bring 24 hours to 10 days in jail, a $250 fine, driver’s license suspension up to 1 year, and the requirement of an interlock ignition device.
Second Offense
A second offense of a DUI in the state of Arizona may bring 30 to 90 days in jail, a $500 fine, driver’s license suspension up to 1 year, and the requirement of an interlock ignition device.
Third Offense
A third offense of a DUI in the state of Arizona requires a minimum of four months in jail, a $750 fine, driver’s license suspension up to 1 year, and the requirement of an interlock ignition device.
Also note that the state of Arizona can add additional penalties if a driver has a blood alcohol concentration level above 0.15%, as indicated in Arizona Statute 28-1382, or if there are aggravating circumstances related to the DUI, as indicated in Arizona Statute 28-1383. Visiting with a criminal defense attorney can help you better understand all of your legal rights following a DUI charge in the state of Arizona.
Understanding Ignition Interlock Devices
As indicated above, in every DUI conviction in the state of Arizona, the court will mandate that the driver install an ignition interlock device in their vehicle.
What is an Ignition Interlock Device?
An ignition interlock device is a tool by which the court can help ensure that a driver does not operate a motor vehicle in the future under the influence of alcohol or while intoxicated. The state of Arizona requires drivers to install a Certified Ignition Interlock Device (CIID). An ignition interlock device is a breath-analyzing device that directly wires to the ignition of a vehicle and has a dashboard installation. This device can specifically monitor a driver’s breath to determine the presence of alcohol. The installation of an ignition interlock device must occur through an authorized company, and the driver must provide proof of certified installation to the court. Additionally, as of July 1, 2018, all ignition interlock devices in the state of Arizona must be equipped with a camera, GPS, and real-time reporting capabilities as required by Arizona Statute 28-1462. A listing of all authorized companies that have the legal right to install an ignition interlock device according to the state of Arizona can be found on the Arizona Department of Transportation’s website page specifically addressing Ignition Installation and Monitoring.
How Does a Driver Use an Ignition Interlock Device?
An ignition interlock device requires the driver of the vehicle to take a breath test before the driver can start the car. Additionally, ignition interlock devices also require random breath tests to test for the presence of alcohol while the car is in operation. If a driver fails a breath test prior to driving, the vehicle will not start. If a driver fails a breath test through an ignition interlock device while driving a vehicle, the device will collect this information. Failing a breath test while operating a motor vehicle could result in an additional 1-year interlock extension for each failure. Also, under the ignition interlock device laws, every driver must have their ignition interlock device calibrated and inspected every 90 days by a certified installer to ensure accuracy and authenticity.
How Do Ignition Interlock Devices Impact Driver’s Licenses and Future Traffic Stops?
As indicated by the Arizona Department of Transportation, special procedures will monitor all drivers with ignition interlock devices to ensure proper installation and maintenance of the ignition interlock device. The manufacturer of the ignition interlock device will submit compliance information and data to the court every 30 days for the first three months, and then every 90 days thereafter. Any future stop by a police officer will provide a record to law enforcement that you have a requirement to have an ignition interlock device installed in your vehicle. Additionally, a driver may receive a new replacement driver’s license that has the words “Ignition Interlock” if it is not the driver’s first DUI conviction in the state of Arizona.
How Ignition Interlock Devices Prevent Drunk Driving
The International Council on Alcohol, Drugs, and Traffic Safety research indicates that when drivers that were convicted of drunk driving receive constant monitoring through ignition interlock devices there is a reduction between 40-95% of repeat drunk driving offenses. The NHTSA also strongly supports the use of ignition interlock devices on vehicles of those convicted of drunk driving as statistics confirm that they actually prevent future instances of driving under the influence of alcohol. If you are facing a DUI charge, or if you just received a DUI conviction in the state of Arizona, you may feel overwhelmed. Along with all of the anxiety related to your future, you may remain unsure of your next steps. Make sure that you follow all the requirements authorized by the court, and recommended to you by your attorney in order to ensure that you comply with all of the requirements regarding your ignition interlock device following your DUI conviction.
