The Implications of a Second DUI: Ignition Interlock Device
Driving under the influence (DUI) is a serious offense that can lead to severe consequences.
When it comes to a DUI charge, Arizona law is strict, and a second DUI charge can lead to even harsher penalties.
One of these penalties is putting an ignition interlock device (IID) in the offender’s car.
This article will explore the IID requirements for a second DUI conviction, including the penalties and consequences of a second DUI charge.
Understanding DUI in Arizona
Driving under the influence (DUI) refers to operating a motor vehicle while under the influence of drugs, alcohol, or any other substance that impairs a person’s driving ability.
In Arizona, the legal limit for blood alcohol concentration (BAC) is 0.08%. If a driver’s BAC exceeds this limit, they may be charged with a DUI.
Arizona has strict laws and penalties for DUI offenses. The penalties depend on the driver’s blood alcohol content (BAC), whether or not it’s their first DUI offense, and other factors like whether or not there was an accident or injury.
Second DUI Conviction
A second offense DUI in Arizona is a serious offense that comes with severe penalties.
The criminal penalties for a second DUI include fines, jail time, license suspension, and the requirement to install an ignition interlock device (IID) in the offender’s vehicle. An extreme DUI is when a driver’s BAC is between 0.15 and 0.20 and comes with even harsher penalties.
The penalties for a second DUI offense in Arizona are as follows:
- Fines: The offender may be fined a minimum of $3,000 in addition to other fees and assessments.
- Jail Time: The offender may be sentenced to jail for a minimum of 90 days. However, the court may allow the offender to serve this time on house arrest or work release.
- License Suspension: The offender’s driver’s license will be suspended for one year. However, the offender may be eligible for a restricted license that allows them to drive to and from work or school.
- Ignition Interlock Device (IID): The offender must install an IID in their vehicle for at least one year.
The penalties for a second extreme DUI in Arizona are as follows:
- Fines: The offender may be fined a minimum of $3,250 in addition to other fees and assessments.
- Jail Time: The offender may be sentenced to jail for a minimum of 120 days.
- License Suspension: The offender’s driver’s license will be suspended for one year.
- Ignition Interlock Device (IID): The offender must install an IID in their vehicle for at least one year.
Ignition Interlock Device (IID) Requirements
An ignition interlock device (IID) is a breathalyzer device that is installed in a vehicle’s dashboard.
The device requires the driver to blow into it before starting the vehicle. If the driver’s BAC level is above the preset limit, the vehicle will not start. The IID also requires the driver to blow into it periodically while driving to ensure they remain sober.
The IID requirement for a second offense in Arizona is mandatory. The offender must have an IID installed in every vehicle they own or operate for a minimum of one year.
An approved vendor must install the IID, and the offender is responsible for all installation and maintenance costs.
The IID requirement begins after the offender’s driver’s license has been reinstated. To obtain a restricted driver’s license, the offender must show proof of IID installation and enrollment in an alcohol treatment program.
Failure to comply with IID requirements may result in additional fines and penalties.
5 Frequently Asked Questions About Ignition Interlock Devices (IID)
1. What is the cost of installing an ignition interlock device in Arizona?
The cost of installing an ignition interlock device in Arizona varies by vendor, but it typically ranges from $70 to $150 for installation and $60 to $80 per month for monitoring and calibration fees.
2. Is an ignition interlock device required for a first-time DUI conviction in Arizona?
No, an ignition interlock device is not required for a first-time DUI charge. However, it is required for a second DUI conviction.
3. How does an ignition interlock device work?
An ignition interlock device is a breathalyzer device that is installed in a vehicle’s dashboard. The device requires the driver to blow into it before starting the vehicle. If the driver’s BAC level is above the preset limit, the vehicle will not start. The driver must also blow into the IID every so often to ensure they are not drunk.
4. Can an ignition interlock device be tampered with or bypassed?
It is illegal to tamper with or bypass an ignition interlock device in Arizona. The device is set up to keep the car from starting if the driver’s BAC level is above the limit that has been set, and it is checked regularly to make sure it works correctly.
5. If you get a second DUI in Arizona, how long do you have to use an ignition interlock device?
A second DUI conviction means you have to use an ignition interlock device for at least a year. However, the court may extend the requirement depending on the circumstances of the offense.
How an Attorney Can Help when You are Charged with a Second DUI
When you are charged with a second DUI, you need to hire an experienced DUI defense lawyer who can help you navigate the legal system and lessen the effects of the charges.
When facing a second DUI charge in Arizona, a lawyer can help in several ways, such as:
- Legal guidance: A DUI defense attorney can provide legal guidance and explain the charges and potential consequences of a second DUI. They can help you understand the legal process and what to expect from the court proceedings.
- Investigation: An attorney can investigate the case and gather evidence, including police reports, witness statements, and video footage. They can identify any weaknesses in the prosecution’s case and challenge the validity of the field sobriety test, breathalyzer test, or blood test results.
- Negotiation: An attorney can negotiate with the prosecutor to obtain a plea deal or a charge reduction. They can present evidence of mitigating circumstances, such as a lack of criminal history, employment, and family obligations, to show that the defendant deserves leniency.
- Defend your rights: An attorney can defend your constitutional rights and ensure that you are not subject to illegal searches, seizures, or self-incrimination. They can also defend you against unfair or biased treatment by law enforcement officers or the court.
- Minimize penalties: An attorney can work to minimize the penalties for a second DUI conviction, including fines, jail time, license suspension, and the mandatory installation of an ignition interlock device (IID). They can help you obtain a restricted license, allowing you to drive to and from work or school while your license is suspended.
In a DUI case, you need to hire an experienced defense attorney to lessen the impact of the charges and help you get the best possible outcome.
Get Help From a DUI Defense Attorney
If you were charged with a DUI in Arizona, you should contact an experienced defense lawyer at the Shah Law Firm.
DUI defense attorney Arja Shah has many years of experience defending those charged with a DUI and has successfully represented many clients.
Call to schedule a free consultation at (602) 560-7408 to immediately get to work and defend your rights!
