Will I have to have a breath machine in my vehicle?
Ignition interlock devices are now mandatory after every DUI conviction in Arizona. For this reason, they are one of the single biggest aspects of any DUI case. In Arizona DUI cases, there are several different ways in which a driver might either be required or permitted to have an ignition interlock device installed.
Before going into the specifics of when and how, it makes sense to first talk about the what. So...
What is an ignition interlock device?
An interlock device in the DUI context is simply any device that has the ability to measure breath alcohol level and render a motor vehicle immobile.
How do ignition interlock devices work?
Before a vehicle is started, a sample must be given. If the sample given contains a measureable amount of alcohol, the interlock device prevents the engine from being started. Once the vehicle is started by the presentation of an alcohol free sample, the device will then ask for additional alcohol free tests at random periods while the vehicle is running.
Can the ignition interlock device be bypassed?
Some devices may be bypassed by certain mechanical methods. However, success in doing so is likely a self-defeating proposition because the machine registers attempts to bypass, which are then automatically reported by the interlock company to the Arizona MVD. This can then, in turn, add additional periods of interlock requirement. In other words, not a smart thing to try.
Now, why might I need an ignition interlock after an Arizona DUI, and for how long?
Interlocks after convictions:
The most common and basic way to incur an interlock requirement is by getting any DUI conviction. The following are current as of early 2008:
Conviction of Regular DUI or .08 DUI (first or second offense): 12 month interlock device requirement
Conviction of Extreme DUI (first or second offense): 12 month interlock device requirement
Conviction of Super Extreme DUI (first offense): 18 month interlock device requirement
Conviction of Super Extreme DUI (second offense): 24 month interlock device requirement
After Implied Consent Suspensions:
As long as a person has not had a pervious implied consent (chemical test refusal) suspension in the preceeding 84 months (7 years), and meet certain other minimal requirements, a special work permit may be obtained after the first 90 days of the suspension if the person agrees to voluntarily install an ignition interlock device.
After Aggravated DUI (Class 6 with a child in the car):
If a person is convicted of aggravated DUI for having a child in the car there is a three year license revocation. However, if the person has no prior DUI convictions, has completed an admin per se suspension, and completes alcohol screening and treatment, they may get a special permit to drive if they voluntarily install an interlock after the first 90 days of the suspension.