A DUI and the Ignition Interlock Device in Scottsdale, AZ

The ignition interlock device (IID) has long been required for a DUI conviction in Scottsdale, AZ regardless of whether the DUI involved alcohol or drugs that is until March 24th, 2016 when Arizona’s SB 1228 was passed.

Under Arizona’s SB 1228 you still may be required to install the IID after a DUI conviction, however, the presiding judge now has the option to make a discretionary decision based on the case.

How does the ignition interlock device work?

The ignition interlock device currently is only able to detect alcohol on a person’s breath when exhaled. For those arrested for a DUI under the suspicion of using illegal drugs such as marijuana or prescription medication, the IID is currently unable to detect those substances. In those instances where drugs were involved, and you were charged with a DUI the IID may or may not be required.

An ignition interlock device is installed on your car to deter drinking and driving. Once installed, before the vehicle can be started you must deliver a breath sample into the device.

If you refuse to provide a breath sample or the sample exceeds a set blood alcohol level the IID (Ignition Interlock Device) device will log the event and then warn you that you must provide a breath sample or let you know that you’ve exceeded the set blood alcohol level. An alarm will then go off until the ignition is either turned off or a clean breath sample is provided.

What if I don’t legally own a motor vehicle to install the IID on?

Please note that in situations where you do not legally own a vehicle, or you simply do not intend to operate a vehicle during the suspension your driving privilege will remain suspended or revoked until you install an interlock on a vehicle in order to reinstate your driving privilege.

What happens if I’m required to install an ignition interlock device?

On receipt of a report of conviction from a court, the department will require any motor vehicle that the convicted person operates to be equipped with a functioning certified ignition interlock device and the convicted person must meet the requirements prescribed in section 28-1461 as follows:

• For twelve months if: (a)The person is convicted of a violation of section 28-1381 or section 28-1382, subsection A, paragraph 1 or section 28-1383, subsection A, paragraph 3, subdivision (a).
   
• The installation of the Ignition Interlock Device (IID) begins from the date that your driving privilege is revoked or from the date you receive the report of conviction, whichever occurs later.

If I have to install the ignition interlock device can it be removed early?

If you are required to have the IID installed, the judge and/or MVD will not order it removed because it is a pain or too expensive for you.

As of right now, there is only one exception to get the ignition interlock removed early:

• Your DUI occurred on or after January 1, 2012, and
   
• Your conviction was for a first time nonextreme DUI, and
   
• You successfully completed an alcohol or drug education course, and
   
• You had a functioning ignition interlock in your vehicle for 6 months, and
   
• You did not attempt to drive with a .08 BAC two or more times, and
   
• You did not have a damage or injury accident.

Experienced legal representation

If you have been charged with a DUI in Scottsdale, AZ you should without question hire an experienced DUI Defense Attorney. With some of the harshest penalties in the nation, a DUI attorney may be able to get your sentence reduced or better yet dismissed.

1st Time Misdemeanor Driving Under the Influence (under .15 BAC)

• Minimum jail 10 days jail, but 9 may be suspended
   
• Maximum Jail – 6 months
   
• Fines

• 90 day License Suspension
   
• Possible Probation up to 5 years
   
• Alcohol / Drug Screening & Classes
   
• Possible community service
   
• Pay for jail incarceration
   
• Possible monthly probation fees
   
• Possible SR22 insurance
   
• 1 year Ignition interlock (6 months beginning January 1, 2012)

Possible DUI Defenses

• There was no probable cause to arrest you
   
• You weren’t physically in control of the vehicle
   
• There was no reasonable suspicion to stop you
   
• You were denied your right to counsel by the police
   
• Blood Alcohol Concentration (BAC) was below a .08% at the time of driving
   
• Your Miranda Rights were violated 
   
• An Illegal blood draw was performed
   
• The blood draw was contaminated
   
• The police reports were misleading

Choosing the best DUI Lawyer

• Research DUI Lawyers Online. Many reputable sites such as AVVO.com, NOLO.com, and SuperLawyers.com can offer insight to their experience and capabilities.
   
• Call several attorneys to check out their fees and get a feel for their willingness to help you minimize the penalties and fees involved in a DUI case
   
• Have a consultation with the DUI Lawyer. Most lawyers offer a free initial consultation to go over the details of your case
   
• Hire an experienced Lawyer who has in-depth knowledge of the DUI laws in Scottsdale, AZ
   
• Find out if the DUI Lawyer is so well respected about their knowledge in DUI Law that they are often asked to lecture other Lawyers pertaining to the law
   
• Research whether or not the attorney is an active member of respected Criminal Defense Organizations such as NACDL and AACJ
   
• Hire a DUI Lawyer who has handled numerous cases and has Jury Trial experience.

If you would like to learn more about the IID or you’ve been charged with a DUI in Scottsdale, AZ, contact the Law Office of Aaron Black or call 480-729-1683 for a free consultation.