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Getting arrested for DUI is a scary experience. Not only are your freedoms at stake, but the upfront and ongoing costs can seem insurmountable. Even after you’ve paid your fines and your case is finished, you can still end up dealing with your DUI for months, or even years. The most common way this happens is the Ignition Interlock Device, or IID, which can stay plugged into your car for 18 months or more, depending on your charges, your driving history, and whether or not the machine registers positive for alcohol while in your vehicle. The expert DUI defense lawyers at Rosenstein Law Group can help you navigate the confusing processes and rules surrounding your DUI. Call our office today at (480) 248-7666.
The first question many people ask after being charged with DUI is, “What are the consequences of a DUI conviction?” A DUI in Arizona can lead to serious, lasting consequences, including time in jail, probation, fines and fees, alcohol treatment classes, driver’s license suspension, an ignition interlock device on your car, and higher insurance rates. Additionally, a DUI conviction in Arizona creates a permanent criminal conviction on your record. A conviction may lead to issues obtaining employment, housing, professional licenses, and a fingerprint clearance card.
An ignition interlock device is a small machine, manufactured and installed by third parties, that attaches to the electrical system of your car. The device measures breath alcohol and will prevent your car from starting until you blow into it. Additionally, while you are driving your vehicle the device will randomly require you to blow into it at certain time intervals to measure your breath alcohol concentration while driving. While the device will not turn your car off if there is a failure of a random test, it will note the failure, and some models of IID can make your headlights flash, honk your horn, or other exterior notice that you have failed the test.
In addition to the signaling that the device can cause if a random test is failed, IIDs have internal memory that must be downloaded, either manually or through over-the-air technology such as Bluetooth or WiFi. The manufacturer will report any failed tests, whether they are start up tests or random tests, to the Motor Vehicle Department (MVD). Once the MVD has received notice of a failed test, the time you are required to have an IID can be extended. The MVD also has the option to suspend or revoke your driver’s license after a failed test.
The interlock device, like any piece of equipment, also needs to be maintained properly. You, the owner of the vehicle, are responsible for having the device inspected and calibrated every 3 months. This means time out of your day and potentially missing work to come to a certified inspection station and have them service the device. If the device is not properly serviced and calibrated within a very narrow time frame (every 77-90 days), your license can be suspended or revoked, and your time required to have an IID can be extended even after reinstatement of your license. The lawyers at Rosenstein Law Group are familiar with IIDs and can walk you through the process of obtaining and maintaining a device so you don’t have unnecessary extensions or suspensions of your license restrictions.
The rise of smart devices connecting and speaking to one another mean that technology is more invasive than it has ever been. While years ago, the IID was simply a device to measure alcohol levels, modern devices are much more sophisticated, and have significantly more of your private information than ever before.
On July 1, 2018, Arizona enacted ARS 28-1462 in conjunction with Arizona Administrative Code 17-5-604. These new laws require that any interlock device not only measure alcohol concentration, but also monitor location and speed via GPS, have real-time reporting capabilities, and be equipped with a camera to assist in tamper prevention. This means that the device is capable of seeing and recording your actions in your car, and sending that information to third parties instantly.
The camera for the IID is required to take a photo every time you provide a breath sample. While this seems logical, the MVD itself does not deny that the device is fully capable of recording video samples at random times. “If the manufacturer utilizes a short video to ensure a clear image of the driver… only a still image is reported [to the MVD].” This means the manufacturers can have video of you in your vehicle, even if the MVD only receives a still image.
The first thing to know is what type of DUI you are facing. In Arizona you can be charged with:
A person can be arrested for DUI for driving with either drugs or alcohol in their system. For misdemeanor alcohol related DUIs, a person’s BAC will determine the level of DUI that they are charged with. Below we will explore the penalties for the most common types of DUI offenses in Arizona. The offenses listed below are all misdemeanor crimes. For information on felony DUIs in Arizona, visit our “Felony DUI (Aggravated DUI)” page here.
In Arizona, a “regular DUI” occurs if someone is driving or in actual physical control of a vehicle while impaired by alcohol to the slightest degree. Or if they have a BAC at or above .08 but below .15. The penalties for a regular DUI include:
A person can be charged with a drug DUI in Arizona if they are driving or in actual physical control of a vehicle. At the same time, they have any drug or its metabolite in their system. A person can also be charged with a drug DUI if impaired to the slightest degree by any drug or its metabolite. This includes prescription drugs. The penalties for a drug DUI include:
A person will be charged with an extreme DUI out of Arizona if they are driving or in actual physical control of a vehicle with a BAC at or above .15 but below .20. The penalties for an extreme DUI include:
Super extreme DUI charges are filed if a person is driving or in actual physical control of a vehicle with a BAC at or above .20. The penalties for a super extreme DUI include:
The penalties for violating an IID requirement are significant, and you need to be aware of them if you are going to have an IID in your car. There are both civil and criminal penalties associated with violations of the IID requirement.
First, you are required to have an IID in any vehicle you drive, not just vehicles you own. This means if you rent or borrow a car, or drive your spouse’s vehicle, and those vehicles do not have an IID, you can be arrested. Not only will you be subject to criminal penalties, but under ARS 28-1464, the person whose vehicle you are driving can be subject to criminal penalties, including arrest and prosecution. You are also required to have an IID installed in vehicles you own. You cannot get around this requirement by not owning a car. If you do not own a vehicle, it is possible for the MVD to suspend your license indefinitely until you get a vehicle, at which point your IID requirements will begin.
Police in many jurisdictions have policies that say they are required to physically arrest you for a violation of an IID, rather than simply issuing a citation. The vehicle you are driving will be towed and impounded for 30 days, and you will be responsible for the towing and impound fees, in addition to not having the vehicle. A conviction of an IID violation carries the possibility of jail time in addition to significant fines and fees.
In addition to the criminal penalties for violations of an IID requirement, the MVD can impose additional penalties. Arizona law, ARS 13-1464(K), requires the MVD to extend your IID requirement for up to one year if you are convicted of violating the requirement. The MVD also has the option of suspending or revoking your driver license for a violation of the IID requirement, which means that you could be arrested for driving any vehicle and face additional fines and jail time.
We understand that a DUI arrest is very stressful. The potential consequences of a DUI arrest only add to that stress. The important thing to know is that a DUI arrest does not have to lead to a conviction. Having an experienced and aggressive DUI attorney can lead to a favorable outcome, including reduced or even dismissed charges. We may also negotiate alternatives to extended periods of jail time, like home detention or work release.
The attorneys at the Rosenstein Law Group are prepared to take on any DUI case. If you are facing DUI charges anywhere in Arizona, contact the Rosenstein Law Group at 480-248-7666 or online to set up a free consultation to find out how we can help you.