If you are convicted of a DUI in Arizona, the Arizona Motor Vehicle Division will require that you have an ignition interlock device (IID) installed in your vehicle. An IID is a device that tests for alcohol on a driver's breath before allowing a car to start and then, while driving, you will be required to take periodic tests. These “rolling” or “running” retests are set up to prevent someone other than the driver from starting the car and then allowing an impaired driver to take over the wheel. While the device will prevent the car from starting if alcohol is detected, for obvious safety reasons, it does not turn off your vehicle if alcohol is detected in a “rolling” retest. Data from the IID is then downloaded and sent to the Motor Vehicle Division.
While there is nothing in the laws, rules and regulations of the State of Arizona that prohibit the installation of an IID on a motorcycle, at this time, there are no companies in the Valley providing this service.
There are several companies throughout the Valley where you can obtain an IID. While they are all similarly priced, we have found there are some that are better than others. Some companies seem to report “violations” more regularly to the Arizona Motor Vehicle Division than others, resulting in a one-year extension of the IID. If you receive an IID extension notice, you do have the ability to request a hearing before the Motor Vehicle Division to contest the extension, but this must be done within 15 days of the date of the notice.
Violations reported are:
- If you attempt to operate your vehicle 3 or more times with a BAC of .08 or more (do NOT use this device as your own personal portable breath testing device! Seems rather obvious, but it has been done. . .and yes, it did result in a one-year IID extension)(effective 12-31-11, a violation will be reported if you attempt to operate your vehicle 2 or more times with a BAC of .08 or more)
- If you miss multiple random retests (we have had incidents where the tone was not heard and random retests were missed)
- If you attempt to or circumvent the interlock by jump start or bypass system
Some things to keep in mind if you have an IID installed in your vehicle:
- Mouthwash, tooth paste, gum, certain medications and energy drinks may contain alcohol as an ingredient (IF YOU DON'T KNOW, DON'T BLOW!)
- If you were drinking late the night before, alcohol may still be present in your system (IF YOU DON'T KNOW, DON'T BLOW!)
- Leaving your car while it's running (you may miss “rolling” retests)
- Do not let anyone drive your vehicle who may have been drinking any amount of alcohol. You will be held responsible for all tests provided
- If you need to have someone work on your vehicle, you should have the mechanic call your service center or the manufacturer for instructions.
The laws regarding ignition interlock devices will be changing effective December 31, 2011. Some of those changes are:
- In certain situations, the one-year IID requirement can be reduced to six months
- Rather than a one-year IID extension for a reported violation, the extension period will be six months
- MVD will refuse to renew the vehicle registration of any person who fails to comply with interlock requirements
- An ignition interlock will no longer be required if convicted of A.R.S. § 28-1381(A)(3) (drug only DUI) as long as the person completes screening and the court determines that no alcohol treatment or education is needed
The Law Office of Craig W. Penrod has been involved in criminal and DUI defense for more than 20 years. Contact the DUI lawyers at the Law Offices of Craig W. Penrod for a free initial legal consultation if you find yourself facing DUI or criminal charges.