After a DUI in Phoenix, here are the top 10 Ignition Interlock Device FAQs

When someone are convicted of an Arizona DUI involving alcohol, one of the punishments they face is the requirement to install an ignition interlock device breathalyzer in every vehicle they drive. The length of time that people will be required to have these breathalyzer devices installed in their vehicles will be determined by the severity of the DUI, whether it is a misdemeanor or felony, the number of previous DUI convictions on your record within the last seven years, and your blood alcohol concentration at the time of arrest. The top ten ignition interlock device frequently asked questions from Shah Law Firm clients are shown below.

1. What is the cost of an ignition interlock device?

Ignition interlock devices must be installed at the expense of those who are ordered to do so as part of their DUI punishments. Installation, monthly leasing payments, monthly servicing fees, and removal costs are all included in the costs. An installation charge of up to $150 per vehicle is typical, with monthly payments ranging from $70 to $100. An ignition interlock device is not something you buy. Instead, these devices are rented for the length of time that you must have them installed.

2. How Long Do I Have to Have an Interlock Device Installed?

How long you will be required to have an ignition interlock device installed in your vehicle depends on the number of convictions you have had in the last seven years and your BAC at the time of your arrest. If you are convicted of driving under the influence as a first DUI offense with a BAC of 0.08%, you will have to have the device installed for 12 months. If your conviction was for an extreme DUI with a BAC ranging from 0.15 to 0.199% as a first offense, you will still be required to have the device installed in your vehicle for 12 months. If you are convicted of a super extreme DUI with a BAC of 0.20% or higher as a first offense, you will be ordered to install an ignition interlock device in your vehicle for 18 months.

3. What Happens If I Fail a Breath Interlock Test?

When you initially get into your vehicle, you will need to blow into the tube for it to start. When a person has a BAC of 0.02 percent or higher, ignition interlock devices prevent vehicles from being started. An alarm will be sent to the ignition interlock device provider if you fail an interlock test. The supplier will then submit the failed test to the Arizona Department of Transportation MVD, which can prolong the time you must have the device placed in your car by at least six months, and in rare situations, even restart the mandatory period.

4. What if the device fails and provides an incorrect reading?

Ignition interlock devices measure the percentage of alcohol on your breath in a similar way to the portable breath tests police use during traffic stops. Portable breath tests and ignition interlock devices, on the other hand, can potentially produce false positives due to a variety of causes. A substance in your mouth when you offer a breath sample is the most common cause of a false positive on an ignition interlock device. Ignition interlock devices are calibrated to detect even the tiniest amounts of alcohol in exhaled breath samples. You could get a false-positive result on the test if you have tiny levels of alcohol or another substance that can cause a misleading reading.

5. What if I Want to Purchase a New Vehicle?

If you buy a new vehicle, you will have 72 hours to reinstall your ignition interlock device in your new vehicle after it is removed from your old vehicle. Once it is removed from your former vehicle, do not drive until it is installed in your new car. It is against the law in Arizona to drive your new vehicle without having an ignition interlock device installed in it. This means that you should not test drive a new vehicle since it will not have an ignition interlock device installed. You might take a friend with you to the car lot to test drive the vehicle for you while you ride as a passenger. Contact your provider to ask about how to swap the device from your old car to your new one.

6. Is it Legal for Me to Drive a Company Car Without an Ignition Interlock Device?

Many people drive company vehicles as part of their work to transport cargo, passengers, deliver packages, and do other responsibilities. If you have to drive a corporate car as part of your job, you may be wondering if you may do so without an ignition interlock device installed. If you are charged with DUI while driving a commercial vehicle, this can be quite detrimental. Employer exemptions used to exist in Arizona, allowing employees to drive business vehicles while on the job if their employers consented in writing. The exception was eventually revoked by the legislature in 2013. This means that driving a corporate vehicle without an ignition interlock device is prohibited. Instead, any vehicle without an ignition interlock device is prohibited from being driven.

7. What if I work for a company like Uber or Lyft as an independent driver?

If you are convicted of a DUI while working as a ride-share driver, you should expect to lose your job. Drivers for both Uber and Lyft are subjected to background checks. You will not pass the background check if you have been convicted of DUI within the last seven years. If you already drive for Uber or Lyft, the businesses do annual background checks on their employees. When they find your DUI, you will lose your ability to use the app. You must have an ignition interlock device placed in any car you drive, including any vehicle you might use for Uber or Lyft, even if you are between annual background checks.

8. What if it Is an Absolute Emergency, but I Consumed Alcohol?

You cannot drive a vehicle in Arizona when you are under the influence of alcohol. You also cannot borrow a vehicle from someone else that does not have an ignition interlock device installed. Under ARS 28-1464, people can only borrow vehicles from others that do not have ignition interlock devices installed when there is a substantial emergency. However, doing so when you have been drinking is never okay. Instead, take a taxi or ride-share if you have an emergency and have been drinking alcohol.

9. What Would Happen If I Took Marijuana?

The marijuana on your breath is not detected by ignition interlock devices. However, if you are even slightly impaired by marijuana, you should not drive. If you do, the levels of THC in your bloodstream could lead to a new Marijuana DUI accusation.

10. How can I avoid installing an ignition interlock device?

If you are convicted of a DUI in Arizona, you will be required to install an ignition interlock device in every car you drive. The only way to avoid having to put an ignition interlock device in your vehicle is to hire an aggressive DUI lawyer who will try to reduce or even eliminate your charges.

For more information about laws governing the use of Ignition Interlock Devices visit the Shah Law Firm website at https://arjashahlaw.com or one of the resources below.

https://sites.google.com/view/arijashahlaw/communities-served/chandler-criminal-defense-lawyer