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Posted on July 25, 2025 in Ignition Interlock Devices
While there is technically no limit to how many interlock violations you can have, a single violation can bring consequences, including criminal charges.
Violations include tampering or disabling an ignition interlock device (IID), failing a breath test, ignoring rolling retests, driving without an ID, and skipping calibration maintenance of the IID.
If you do not comply with the requirements, then you will be subject to penalties that include time extensions for how long you need to keep the IID, possible revocation of your driver’s license or any Special Ignition Interlock Restricted Driver License (SIIRDL) you may have, and even fines and jail time.
In this article, we cover the types of IID violations that can occur under Arizona law and the specific consequences of having multiple IID violations.
If you need help with ignition interlock violations, please call Rosenstein Law Group at (480) 248-7666.
Two Arizona statutes govern violations of IID requirements: ARS 28-1461 and ARS 28-1464. These statutes identify the following kinds of IID-related violations you can engage in.
Examples of tampering with the IID include:
Because the company that installs your IID also monitors it in real time, even if you find a way to disable or bypass the IID, the data it provides will likely reveal that driving took place without the requisite testing.
If you have an IID installed in your vehicle, it is not meant to keep you from driving under the influence of alcohol in the legal sense, like a blood alcohol content (BAC) of 0.08 or more. The purpose of the IID installation is to ensure that you are not drinking alcohol in any quantity before you drive.
The IID is set to detect a BAC of 0.02. If it detects alcohol at or above that level, it will prevent the vehicle from starting. This lockout will last for a short period, long enough so that if you do not have alcohol in your system but gave a false positive in your initial failed test because of something like mouthwash, you can try again.
A failed ignition breath test may extend your interlock time requirement for an additional 6 months. If you fail another breath test during this six-month extension, the MVD will add another six months to your IID requirement.
What you might not know is that if you blow into the device and fail a breath test with a blood alcohol concentration (BAC) over .08 two or more times, the Arizona Motor Vehicle Department can and will extend your ignition interlock requirement for another six months.
While you are driving, the IID will subject you to random retests, also known as rolling breath tests. The test threshold for rolling retests remains at a 0.02 BAC.
If you fail a rolling retest, an alarm will sound in the vehicle until you stop, turn off the vehicle, and take an ignition breath test.
Ignoring a rolling breath test alert from your IID is a mistake.
If you accumulate three consecutive missed rolling retests during a drive cycle, including inadvertently or intentionally turning off your vehicle while the device requests a sample, this will result in a reported violation and a six-month extension to your IID requirement.
You have a limited time to install an IID in your vehicle once you are ordered to. For example, if your driving privileges were suspended and you are subject to an IID requirement, then you will have 30 days to install the IID once your suspension ends.
If you do not provide proof to the MVD within 72 hours that you have installed an IID in each vehicle you operate, then the MVD will suspend any special ignition interlock restricted driver license or other driving privilege you may have.
If you drive in a car that does not have an IID installed, doing so is a Class 1 misdemeanor that can result in jail time and fines. It can also result in having your ignition interlock requirement extended for a year.
Your IID must be recalibrated by an authorized service center every 90 days. It is your responsibility to ensure that you maintain this calibration. If you fail to do this, the MVD can suspend your license, and your initial IID time requirement will start over.
Any vehicle you drive while you are subject to an IID requirement must have an IID installed. This includes vehicles you do not own, like a rental car or a leased vehicle. In these cases, you must inform the vehicle provider that you are under an IID requirement.
Also, if you live in a household with only one car, and you are the only one subject to an IID requirement, then if someone else in the household drives the car that person must also provide a breath sample when starting the vehicle and during rolling retests; any failure by that person to comply with IID requirements will be reported as a violation by you.
Any attempt to alter or circumvent the IID will result in a six-month extension and the potential for a Class 1 misdemeanor charge. The violation will be reported to the MVD, and your interlock requirement could be extended for six months or a year.
You may, during a substantial emergency situation, drive a car without an IID installed. Note that such an emergency means that someone else not subject to an IID requirement must not be available to drive for you.
If you switch vehicles or the IID provider, then you have 72 hours to install a new IID. During the interval in which your car does not have an IID installed, you cannot drive it.
If you have your IID removed before the expiration of your requirement period, your driver’s license will be suspended, and your IID requirement time frame will be reset back to its original period.
If you are subject to an IID requirement, then if you are pulled over for suspected drunk driving, you must submit to any chemical test a law enforcement officer chooses pursuant to ARS 28-1321(A).
As we have seen above, depending on the circumstances of the violation, the MVD’s administrative penalties for IID requirement violations fall into one of the following types:
Technically speaking, there is no limit to the number of interlock violations you can have and the number of time extensions the MVD can add to your extended IID requirement.
Some drivers who are initially subject to a one-year IID requirement can have this process drag out for years.
In some cases, the MVD may revoke your driver’s license for repeated IID violations or refuse to renew your motor vehicle registration.
In some cases, like driving a vehicle without an IID in a non-emergency, you can also be subject to a Class 1 misdemeanor charge. This can subject you to:
The police are also required to impound a vehicle without an IID for 30 days if you are driving it subject to an IID requirement.
You can also face other consequences for having a misdemeanor conviction on your record, including problems finding an apartment to rent, or getting a job, or applying for a professional license under Arizona state regulations.
If the MVD issues a notice of violation regarding your IID requirements, the Arizona MVD will provide you with an opportunity to formally respond before it takes action against you.
You will have just 15 days to request a hearing to contest the alleged violation.
This is where having an experienced criminal defense attorney who is well-versed in MVD administrative procedures can help you. Where applicable, your attorney can challenge the accuracy of the IID’s breath sample readings and provide evidence of your sobriety.
The attorneys at the Rosenstein Law Group are highly experienced legal specialists in DUI cases, including defending drivers faced with administrative sanctions or criminal charges arising out of MVD accusations of ignition interlock violations.
Call our law firm at (480) 248-7666 to speak with an experienced criminal defense attorney in a free initial consultation. You can also use our online contact form to ask a question or to schedule an initial consultation.