If you were arrested, charged, and convicted of driving under the influence in Arizona, you may have been required to install an ignition interlock device in your vehicle. This device detects any alcohol on someone’s breath, and if that is the case, the device will not allow the vehicle to start. Unfortunately, an ignition interlock device can not always tell the difference between alcohol and some other types of substances. Learn what you should do if you fail an ignition interlock device test — even when you have not been drinking.
Ignition Interlock Violations
There are five types of ignition interlock violations that can happen after you are required to install this device on your vehicle.
- Failing a breath test. Any driver younger than 21 years of age will receive a violation for any failed breath test. Any driver older than 21 will have one violation as a “pass” and the second violation will result in a six-month extension of the ignition interlock device requirement.
- Failed or missed rolling retest. After three failed or missed rolling retests, such as turning off your vehicle while the device is requesting a sample, it will result in a six-month extension.
- Missed 90-day calibration appointment. If you fail to bring your vehicle in after 90 days to check the device, it will result in a complete resetting of your time period and a suspended license.
- Tampering with the device. Any tampering with the device will result in a six-month extension and a possible class 1 misdemeanor criminal charge.
- Disconnection or removal of the device. If you disconnect or remove the device, it will reset the entire time frame you are required to have the device, and result in a suspended license.
Avoiding False Alarms
You may have had a genuine false alarm with respect to the ignition interlock device. While it is possible to defend them in court, it is better to avoid the possibility of them in the first place. The following ways can help you attempt to avoid any false alarms.
- Refrain from drinking any alcoholic beverages before you drive
- Rinse your mouth with water before your test
- Avoid using any mouthwash that would be alcohol-based
- Never use breath mints or chew gum while driving
- Avoid over-the-counter medicines with alcohol
- Always brush your teeth thoroughly after eating to avoid any kind of fermentation that may develop on your breath after eating certain types of food
Contact a Phoenix DUI Defense Attorney
If you have had a false alarm on an ignition interlock device, or a mistake has been made, you may end up receiving a violation. This violation can result in serious and severe consequences, including criminal charges in some cases.
If you have had a false alarm with your device, please contact Phoenix DUI lawyer Arja Shah, an experienced criminal defense lawyer in Phoenix, AZ who can give you individual attention and help you with your false alarm on your ignition interlock device case.