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Ignition Interlock Devices in Arizona DUI Cases

WILL I HAVE TO HAVE A BREATH MACHINE IN MY VEHICLE?

NOTE: We do not sell or lease ignition interlock devices. If you have been convicted or (by pleading guilty or after trial) of a DUI in Arizona that requires an interlock device it is too late for us to assist you or give you advice as to how to avoid having to have the device. If you are not a current or former client and have received an order from the MVD to have such a device in your vehicle please do NOT contact us. Instead, please address your concerns to the MVD, to the attorney who represented you prior to your conviction or to the Court where you were convicted.

An ignition interlock device is a breath test machine that is wired into the ignition of your vehicle. In order to start your car, you must provide a breath sample that is free of alcohol. Once your vehicle is running, you will be periodically prompted to give another sample.

If you are convicted of Extreme DUI or have a second or subsequent DUI conviction, the court will order an ignition interlock device (IID) installed on your vehicle. In most cases, you will not be able to get around the requirement by simply not driving for the term for which the IID was ordered, as them MVD will want to see proof that you had the device installed for the entire term before they will remove the restriction from your license.

For many clients, especially those with children and those who drive clients in their cars, ignition interlock devices are unthinkably embarrassing. Imagine being a real-estate salesperson who has to blow into a beeping machine every time you get into the car! Needless to say, it would be career altering, if not career ending.

Many ignition interlock devices are set to be tone specific. This means that you must hum into them in order for them to register. If somebody other than you blows, the machine may not work. It is a crime in Arizona to blow into an IID for somebody else.

If the machine registers alcohol on your breath, its function is to disable your vehicle, flash your lights and honk your horn to draw the attention of law-enforcement. Many machines give false positives. A common complaint is that spicy food triggers the machine's alcohol sensors. We advise all clients who have IIDs in their vehicles to always carry a bottle of water. After eating anything spicy, swish and spit before blowing.

One major problem with IIDs is the reality of "endogenous ethanol." This is a scientifically documented phenomena where the human body actually manufactures alcohol despite the fact that the person hasn't had a drop of alcohol to drink.

Consult a DUI attorney to learn if you will need to have an IID in your case, and to find out what can be done to avoid one. (NOTE: If you have already been convicted and have been ordered to have an IID, it is too late for us to help you avoid one.)

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DISCLAIMER:   The foregoing is not to be construed as legal advice to or for any specific individual. Always seek the advice of counsel for specific legal problems.

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