Ignition Interlock Devices Penalties for Arizona DUI Convictions

Under Arizona Law A.R.S. 28-2831 (I) (6) DUI sentencing includes use of certified Ignition Interlock Device (IID) among other penalties.

Following reinstatement of fog a 90 day suspension for Misdemeanor DUI first time offense, the defendant will be required to equip their vehicle with a certified IID. The period of time ordered by the court may be 6 months to one year depending on the circumstances of the conviction. Factors the judge considered includes whether or not the impairment was due to drugs or alcohol; the degree of impairment; status and validity of driver’s license at the time of the stop.

Definition of Ignition Interlock Device

An ignition interlock is a breath analyzing device installed in the ignition of the vehicle the defendant operates. It requires the driver to provide a breath test by exhaling into the device. If the interlock device detects alcohol on the driver’s breath, the vehicle will not start.

Once the vehicle engine has starting it will also require the driver to provide another simple breath test randomly to test another sample. If the required breath sample isn’t provided, or exceeds a set Blood Alcohol Content Level (BAC), the device will log it; warn the driver; and then start off an alarm and flashing lights until the ignition is turned off or a clean breath sample is provided. The device is unable to turn off, once the auto ignition has started.

Arizona Law for Use of Ignition Interlock Device for DUI Sentencing

Under A.R.S. 28 – 1461 the defendant will also be required to:

• Pay the costs for installation and maintenance of the IID;
• Provide proof installation and proper functioning to the Arizona Department of Motor Vehicles of the IID in all vehicles operated by the defendant;
• Provide periodic proof of compliance, and inspection of operation related to the equipment during the period the defendant has been ordered to use the IID.

The Arizona MVD department shall extend use of the IID interlock device period for six months if they have reasonable grounds to believe any of the following:

1. The person tampered with or circumvented the certified ignition interlock device;
2. The person tried to operate the vehicle while impaired to the slightest degree due to alcohol two or more times while the driver’s license was restriction or limitation.
3. If the person is under 21 years of age, and attempted to operate a vehicle with any amount of liquor while their driver’s license was restricted or suspended;
4.  The person failed to provide proof of compliance or inspection;
5. The person attempts to drive the vehicle with an alcohol concentration of 0.08 or more during this six month extension pursuant to this subsection.