Do I Need To Install The Ignition Interlock Device If I Simply Decide Not To Drive For The Time Period Of The Sentence?

by Aaron Black • December 24, 2011

You will have to install the interlock if you ever want to have you license completely reinstated. 

As part of a plea or conviction for DUI you will be ordered to install the ignition interlock for a period of one year (if first DUI, longer if 2nd). However, beginning January 1, 2012 for a first time DUI under a .15% BAC you will only have to have the interlock for 6 months. 

What do I do if ordered to install an interlock on my vehicle and I don’t have a car? 

ARS 28-1461 requires that your driving privilege remain suspended or revoked until we receive proof of a functioning interlock in each motor vehicle you operate (even though you may not be the registered owner). The law requires use of the interlock for at least one year from the date that your driving privilege is reinstated or from the date we receive the report of conviction, whichever occurs later. If you have no vehicle, or do not intend to operate a vehicle, your driving privilege will remain suspended or revoked until you are ready to install an interlock and reinstate your driving privilege. 

ARS 28-3319(D)(E) also states the same thing: 

D. On receipt of a report of conviction from a court, the department shall require any motor vehicle the convicted person operates to be equipped with a functioning certified ignition interlock device and the convicted person to meet the requirements prescribed in section 28-1461 as follows: 
1. For twelve months if: 
(a) The person is convicted of a violation of section 28-1381 or section 28-1382, subsection A, paragraph 1…. 
E. The requirement prescribed in subsection D of this section begins on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later. 

Based on my reading of the statute, if you have been convicted of a DUI and you want the ability to legally drive,  you will have to install the ignition interlock. You cannot just sit out the suspension.

If you have been charged with a DUI contact Phoenix DUI Lawyer Aaron Black.

In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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