The Consequences Of Not Installing An Ignition Interlock After a Court Mandate
The Importance Of Following All The Rules Regarding An Ignition Interlock Device
If you’ve been convicted of a DUI in Arizona, one of your penalties may be a court directive to install an ignition interlock device on your vehicle. Failure to follow the strict regulations that are associated with the installation of an ignition interlock could lead to additional consequences from the court. Although they may be inconvenient at times, it’s extremely important that you follow all of the rules regarding an ignition interlock device. If you’re unsure about the requirements or believe you may have violated one of the guidelines, talk with your Mesa DUI lawyer for legal advice and representation.
What Is An Ignition Interlock Device?
An ignition interlock device is a type of breathalyzer that is installed into your vehicle and controls the ignition, which is what enables your vehicle’s engine to start. Before you can start your vehicle, you must blow into the device, which measures your blood alcohol content (BAC) to determine whether there is alcohol in your body. If any amount of alcohol is detected, you’ll fail the test and your car will be inoperable for a certain period of time.
An ignition interlock device has the ability to create reports of failed tests and can sent them to both your probation officer and the court. If you fail the breathalyzer test associated with your ignition interlock device, you may be subject to further court proceedings or penalties, including loss of driving privileges.
What Requirements Are Associated With An Ignition Interlock Device?
If the court has ordered you to install and drive with an ignition interlock device, and you choose not to do so, you are in violation of A.R.S. § 28-1464. This law details the terms of the ignition interlock device procedures and penalties for violations. As part of the state law you are subject to the following requirements:
- Other people cannot rent, lease, or lend you a vehicle unless that vehicle is equipped with an ignition interlock device.
- If you want to borrow a vehicle from someone else, you must tell them about your ignition interlock requirements.
- You cannot ask or allow another person to blow into the device for you in order to pass the test or to enable you to operate your vehicle. If discovered, both you and the person who assisted can face criminal charges.
- No one is allowed to tamper with the device in any way in order to circumvent its use or pass the tests in a manner other than prescribed by the court.
- You will be required to present proof of installation of the interlock device on each vehicle that you drive. If you do not do this, you will lose your special driving privileges or face other, harsher consequences.
- If there is an ignition interlock device installed on your vehicle and you are arrested, you will be required to submit to any DUI related test that law enforcement believes is necessary.
Exceptions to these requirements may be allowed in the situation of a “substantial emergency,” but you will be required to prove that a significant emergency existed and that there was no one else available who could legally drive other than yourself.
What Are The Penalties For Not Following Ignition Interlock Device Guidelines?
If you fail to comply with one or more conditions ordered by the court for your ignition interlock device, you will face a charge of a Class 1 misdemeanor. The maximum penalty for this type of misdemeanor is up to 6 months of jail time and a fine of up to $2500. In addition to those penalties which will be determined by the court, a failure to use your ignition interlock according to the prescribed regulations can result in an extension of how long you are required to keep and use the device. This can be as long as one additional year.
Additional violations may result in loss of driving privileges altogether and other consequences depending on the situation and any prior convictions you may have. It’s always best to consult with an experienced Phoenix DUI attorney who can help you understand your case, your legal options, and your rights. Contact us for a free case evaluation.
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