In a recent DUI case coming out of an Arizona court, the state unsuccessfully argued that the defendant’s motion to dismiss should not have been affirmed. On appeal, the higher court confirmed that the defendant had no reasonable way of knowing that he was required to have an ignition interlock system installed on his vehicle.
Facts of the Case
According to the opinion, the defendant in this case was originally convicted in June 2012 of one count of driving under the influence and one count of possession of marijuana. In 2012, Arizona law included a provision that required DUI offenders to install an ignition interlock device in their cars for one year upon having their licenses reinstated. By 2016, that provision had been changed, and it began to only apply to DUI convictions involving intoxicating liquor.
The defendant’s license was reinstated in 2017, one year after this relevant change to the law. Confusingly, the defendant’s Motor Vehicle Department record continued to state that he was required to install this ignition interlock device. In 2018, when he was stopped and charged with two counts of aggravated DUI, both charges were based on the fact that the defendant was intoxicated while he was required to have an ignition interlock device.