Defending Clients Using an Ignition Interlock Device
If you are convicted of a DUI, you may be required to use an ignition interlock device. This small, cell phone-sized system attaches to your dashboard and is connected to the ignition of your vehicle. The interlock device works much like a breathalyzer test. You must breathe into it before starting your vehicle, and if your BAC measures above a certain level, the car will not start. All readings are transmitted to the DMV via computer.
If you are ordered to use an ignition interlock device by a greater Phoenix court, it is important to know that undermining the device in order to drive while intoxicated, or driving a car without the device, can have dire consequences. For more information on this and other aspects of DUI law in Arizona, please contact us today.
When Is an Ignition Interlock System Required?
An ignition interlock device will be required if you are convicted of a DUI of any type, but the length of time you must use the system depends on your specific charge. If you are convicted of a first- or second-offense regular misdemeanor DUI or a first-offense Extreme DUI, you will be required to use an interlock system for 12 months. A first-offense Super Extreme DUI conviction results in an interlock device being installed in your vehicle for 18 months. If you already have a Super Extreme DUI on your record, or if you are found guilty of a felony DUI, you will be required to use an ignition interlock device for 24 months. Receiving a subsequent DUI while under court order to use an interlock device qualifies as a felony charge.
Ignition interlock devices must be installed on all vehicles that you use, including those registered under someone else’s name and any vehicles that you use for work. In the latter instance, you must ask your employer to fill out the ignition interlock employer notification form, and you must carry this form with you while operating the work-related vehicle. If you are caught driving without the interlock device, your required use will be extended for a year.
Maintaining an Interlock Device
If you are required to use an interlock device, you will be responsible for paying for the system and for properly maintaining the device. The installation fee can total several hundred dollars, and subsequent monthly maintenance fees can cost close to $100 per month. Compounded with the many other fees and fines associated with a DUI conviction, this penalty can be a significant financial burden.
Contact Attorney James E. Novak
If you have been charged with a violation related to your ignition interlock device, or if you have received a subsequent DUI charge while required to use one of these systems, contact the Law Offices of James Novak. With his long history of success, he has had many such charges dismissed or reduced on behalf of his clients.