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Top 10 Ignition Interlock Device FAQs after A Phoenix DUI

May 16

Top 10 Ignition Interlock Device FAQs after A Phoenix DUI

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 Malfunctions and Gives a False Reading?

Ignition interlock devices work similarly to the portable breath tests police use during traffic stops in how they measure the percentage of alcohol on your breath. However, portable breath tests and ignition interlock devices can both return false positives because of several different factors. In the majority of cases, a false positive on an ignition interlock device will happen because of a substance in your mouth when you give a breath sample. Ignition interlock devices are calibrated to detect even the smallest amounts of alcohol samples in your exhaled breath. If you have trace amounts of alcohol or another substance that can give a false reading, you could end up with a false-positive result on the test.

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. Can I Drive a Company Car Without an Ignition Interlock Device?

Many people drive company vehicles as a part of their jobs to haul goods, transport passengers, make deliveries, or do other tasks. If you are required to drive a company vehicle as a part of your job, you might wonder whether you can drive it without an ignition interlock device installed in it. This can also be potentially damaging if you are charged DUI with a CDL or commercial driver’s license. Arizona used to have an employer exemption that allowed people to drive company vehicles while working on the job if their employers agreed in writing. However, the exemption was repealed by the legislature in 2013. This means that you cannot drive a company vehicle without an ignition interlock device. Instead, you cannot drive any vehicle that does not have an ignition interlock device installed in it.

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 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 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.

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