Getting charged with driving under the influence in Arizona carries serious consequences, including potential jail time, thousands of dollars in fines and fees, and the mandatory installation of an ignition interlock device (IID). An ignition interlock is essentially a breathalyzer wired into your vehicle's ignition system. Before starting your car, you must blow into the device. If your blood alcohol content registers above a certain threshold, your vehicle won’t start.
If you or a loved one is facing DUI charges in Flagstaff or the surrounding areas, it's crucial to understand Arizona's DUI laws regarding ignition interlock requirements. The skilled Flagstaff DUI lawyers at Griffen & Stevens Law Firm have extensive experience handling these cases. We’ll explain your legal rights and options, guide you through the process, and fight to minimize the impact of a DUI arrest on your life.
When Are Ignition Interlock Devices Required?
Under the Arizona Revised Statute § 28-1381, an ignition interlock device is mandatory for:
- All first-time "regular" DUI offenders with a blood alcohol concentration (BAC) of 0.08% or higher.
- All first-time "extreme" DUI offenders with a BAC of 0.15% or higher.
- All first-time "super extreme" DUI offenders with a BAC of 0.20% or higher.
- All repeat DUI offenders, regardless of BAC level.
- Anyone under 21 convicted of DUI.
- Anyone who refuses a breath, blood, or urine test.
- Anyone driving on a suspended license due to a prior DUI.
There’s no way around the IID requirement—even if you’re accepted into a diversion program or plead guilty to a lesser offense like reckless driving after an initial DUI arrest. If your BAC was over the legal limit or you refused chemical testing, you’ll need to install an ignition interlock to regain your driving privileges.
How Long Must the Ignition Interlock Remain Installed?
The length of time you’re required to have the device in your vehicle depends on the circumstances of your case:
- First-time regular DUI with BAC of 0.08-0.149%: 6 months.
- First-time extreme DUI with BAC of 0.15-0.199%: 12 months.
- First-time super extreme DUI with BAC of 0.20% or higher: 18 months.
- Second regular DUI within 84 months: 12 months.
- Second extreme DUI within 84 months: 24 months.
- Any third DUI within 84 months: 24 months.
The IID clock starts ticking once you have served any mandatory jail time, paid all fines and fees, completed alcohol screening and treatment, and obtained an IID-restricted driver's license. You’re responsible for all installation, maintenance, and monitoring costs associated with the device.
What Happens If You Tamper With or Try to Circumvent the IID?
Attempting to tamper with or circumvent the ignition interlock device is a serious offense. Examples include:
- Having someone else blow into the device to start the vehicle.
- Using compressed air, a balloon, or other apparatus to provide a clean breath sample.
- Disconnecting or modifying the wiring so the car will start without providing a breath sample.
- Removing the device entirely.
If you’re caught trying to trick or bypass the IID, you can be charged with a Class 1 misdemeanor, which carries up to 6 months in jail and $2,500 in fines. The time on your ignition interlock will also be extended by at least 6 months from the date of detection. Subsequent violations result in longer extensions.
Additionally, the ignition interlock device requires "rolling retests" where you must provide additional breath samples at random intervals while driving. Failing a rolling retest or not providing a sample causes the IID to log a "missed retest." Accumulating too many missed rolling retests is considered non-compliance and extends your time on the IID.
Can You Drive Someone Else's Vehicle Without an IID?
During the time your ignition interlock requirement is in effect, you’re prohibited from operating any motor vehicle without a functioning interlock device—even if it belongs to someone else. This means no borrowing a friend or family member's car that lacks an IID. If you’re caught driving a non-equipped vehicle, you could face additional criminal charges and an extended IID requirement.
The only exception is driving an employer-owned vehicle for work purposes. You may operate a company car without an ignition interlock device, but only if:
- You notify your employer of your IID requirement.
- The vehicle is used solely for employment.
- You provide proof of notification and work hours to the court and Arizona Motor Vehicle Division.
- You carry a copy of the court order and proof of work hours in the vehicle.
- You don’t drive the company vehicle for any personal reasons.
Knowing what mistakes to avoid after a DUI helps you move forward in life. At Griffen & Stevens Law Firm, we aim to help you in every way we can. Read what other clients have to say about how we demonstrate our commitment to your future.