Top 10 Ignition Interlock Device Questions After a DUI in Phoenix

When people are convicted of an Arizona DUI involving alcohol in Arizona, one of the penalties that they will face is the mandatory installation of an ignition interlock device breathalyzer in every vehicle that they drive. How long people will be required to have these breathalyzer devices installed in their vehicles will depend on the degree of DUI, if it is a misdemeanor or felony, on the number of past DUI convictions you have on your record within the past seven years and your blood alcohol concentration at the time of your arrest. Below are the Top 10 ignition interlock device frequently asked questions that we receive at the Shah Law Firm about ignition interlock devices.

1. How Much Does an Ignition Interlock Device Cost?

People who are ordered to install ignition interlock devices as a part of their DUI sentences are required to do so at their own cost. The costs include the installation cost as well as monthly lease payments, monthly service costs, and removal costs. On average, there is an installation fee that can range up to $150 per vehicle and you can expect your monthly payments to range from $70 to $100. You do not purchase an ignition interlock device. Instead, these devices are leased for the duration of how long you are required to 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 Happens If I Want to Buy a New Car?

If you purchase a new car, you will have 72 hours after your old vehicle's ignition interlock device is removed to reinstall it in your new vehicle. Do not drive until it is placed in your new automobile once it has been removed from your old one. Driving your new vehicle without an ignition interlock device installed is against the law in Arizona. This implies you should not test drive a new vehicle because it will not be equipped with an ignition interlock device. You may bring a friend to the car lot with you to test drive the vehicle while you ride as a passenger. Inquire with your provider about how to transfer the gadget from your old vehicle 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 am an Independent Driver for a Company Such as Uber or Lyft?

If you are convicted of a DUI and work as a ride-share driver, you can expect to lose your ability to drive for the company. Both Uber and Lyft perform background checks on their drivers. If you have a DUI conviction within the past seven years, you will not pass the background check. If you already are an Uber or Lyft driver, the companies run annual checks on their drivers. You will lose your privileges to use the app when they discover your DUI. Even if you are between annual background checks, however, you must have an ignition interlock device installed in any vehicle you drive, including any vehicle you might use for Uber or Lyft.

8. What if it's a true emergency, but I've had too much to drink?

In Arizona, it is illegal to drive while under the influence of alcohol. You also can't borrow a vehicle without an ignition interlock device fitted. People can only borrow vehicles from persons that do not have ignition interlock devices installed when there is a significant emergency, according to ARS 28-1464. However, doing so after drinking is never a good idea. If you have an emergency and have consumed alcohol, instead take a taxi or ride-share.

9. What if I Smoked Marijuana?

Ignition interlock devices do not detect marijuana on your breath. However, you should avoid driving if you are impaired to the slightest degree by marijuana. If you do, you could be charged with a new Marijuana DUI based on the levels of THC in your system.

10. How Can I Avoid Having to Install an Ignition Interlock Device?

Any DUI conviction in Arizona will result in an order to install an ignition interlock device in every vehicle that you drive. The only way to avoid having to install an ignition interlock device in your vehicle is to have an aggressive DUI attorney work to get your charges reduced or even your DUI dismissed completely.

Visit the Shah Law Firm website at https://arjashahlaw.com or one of the links below for more information regarding the legislation governing the use of Ignition Interlock Devices.

https://sites.google.com/view/arijashahlaw/communities-served