I Have An Ignition Interlock Device, Now What?

All DUI convictions in Arizona now require an ignition interlock device for at least a year. Practically speaking, this means that a person will be forced to “blow” into the device to show there is no alcohol in his or her  system every time he or she starts a car, and approximately every 15 to 30 minutes while the vehicle is operating.

There are also several Arizona statutes relating to the interlock device once it has been installed in a vehicle.  Failure to comply with these laws can result in either: (1) an extended interlock period; and/or (2) a driver's license suspension.  Below is a summary of the requirements that apply to a person who has already had an interlock device installed. 

First, there are several reporting requirements for those required to have an interlock device.  The Motor Vehicle Division's website mandates that:

Once installed in your vehicle, the CIID [Certified Ignition Interlock Device] must be calibrated and inspected by a certified installer every 30 days for the first three months and then every other month for the duration of installation requirement. The inspections make sure the device is working properly and detect any issues of non-compliance...

Moreover, under § 28-1461, a person must provide proof of compliance with an ignition interlock device to the department at least every 90 days.  If a person fails to submit proof of compliance, the person's license will be suspended indefinitely until he or she proves compliance with the guidelines. See A.R.S. § 28-1463.  Most people rely on the interlock company to comply with these requirements.  I strongly recommend that a person audit the interlock company to make sure they have complied with the mandatory reporting requirements.  If the company fails to appropriately comply with the reporting requirements, the person will face the prescribed penalties. 

Second, the interlock device must be installed by an authorized installer. This issue usually arises for non-Arizona residents. For example, a Massachusetts resident visits Arizona and receives a DUI conviction. He returns to his home in Massachusetts and gets an interlock device installed in Massachusetts.  To comply with Arizona law the person should confirm the company is authorized by Arizona's Motor Vehicle Division (there are national companies authorized out of Arizona.) Simply getting the device installed by a non-authorized company may not comply with the Arizona requirements.

Third, the person must have an interlock device in any vehicle he or she drives. For example, if a person owns two vehicles, that person cannot simply drive the car that does not have the interlock.  The person should view the interlock requirement as a restriction of his or her entire driving privileges.  Thus, the device must be in any vehicle they drive.   

Fourth, there is also a restriction from providing a person with a interlock requirement a vehicle.  Arizona law provides:

Except in cases of a substantial emergency, a person shall not knowingly rent, lease or lend a motor vehicle to a person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 unless the motor vehicle is equipped with a functioning certified ignition interlock device...

On the other hand, a person with the interlock requirement: "who rents, leases or borrows a motor vehicle from another person shall notify the person who rents, leases or lends the motor vehicle to the person that the person has specific requirements for the operation of the motor vehicle and the nature of the requirements." Consequently, attempting to rent a car without the device will not satisfy Arizona law.

In the final analysis, the post-installation interlock requirements are numerous.  The penalties for non-compliance are harsh.  Therefore, if a person is required to install the device, he or she must become familiar with all terms of compliance, or the restriction may go well beyond the initial one-year term.

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Comments (3) Read through and enter the discussion with the form at the end
lalawyer - March 7, 2008 1:07 AM

I do think that installing these interlock devices is a positive move to lessen the rate of accidents resulting from DUI.

Jacob Kiniry - November 6, 2008 10:50 AM

Do not use hand sanitizer. I had sanitizer in my car and used after cleaning an office. I work for cleaning company used the sanitizer then wigglede my hands to dry them. I smelled the arromma of the sanitizer which has 62 percent alchol and then popped open my cap to drink water as directed. I teseted .032,.030, and then .025. Not sure if it was being in a confined space and smelling it or popping cap for my water. Now I had to pay 50 dollars after i violated 3 times. I had to call smart start. Go down to the hearings officer at registry. That is where I am at now. i am not sure what is going to happen as these people think i was drinking. They never tested hand sanitizer as I asked them. This cost me 50 dollars time and may cost me money on lawyers and god only knows if i will lose my license. I have not drank in two and a half years also. I just wanted to let you people know that have it not to use hand sanitizer in your car and if you use stay away from a pop cap water mug. You do not want this to happen to you!

cody - December 13, 2008 10:31 AM

NEVER GO TO GUARDIAN INTERLOCK.I have had it for 2 weeks and they have already installed it wrong.. Had it break and "permanately lock" my vehicle for absolutely no reason and made me pay for it. Worst customer service I have ever experienced, everything seemed to be "my fault."

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