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.

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
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