Arizona State Senate

Issue Brief

December 12, 2013

ARIZONA DRIVING UNDER THE INFLUENCE (DUI) LAWS:
Ignition Interlock Device

INTRODUCTION

An ignition interlock device (IID) is an in-car alcohol breath screening device that is attached to a motor vehicle’s ignition system. Before starting the vehicle, the driver must breathe into the device. The IID system prevents the vehicle from starting if the driver’s alcohol content exceeds the device’s preset standards. As of February 1, 2006, Arizona began requiring all IID systems installed to be based on alcohol-specific electrochemical fuel sensor technology, to detect an individual’s blood alcohol concentration (BAC).

As a condition of reinstatement of the individual’s driving privileges, when an individual is convicted of a first or second offense DUI or extreme DUI, the court is required to order an individual to install an IID for at least 12 months 1 . An individual who is convicted of first time extreme DUI and whose BAC was 0.20 or more must have an IID for 18 months and a person who is convicted of second offense extreme DUI with a BAC of 0.20 or more or aggravated DUI must install an IID for 24 months 2 . Additionally, the court may order an individual to install an IID for more than 12 or 24 months. The IID requirement begins on the date the Arizona Department of Transportation Motor Vehicle Division (MVD) receives the report of conviction or the date of the person’s license reinstatement, whichever is later.

In 2006 the Legislature enacted IID certification requirements to ensure the reliability and accuracy of an IID in an unsupervised environment. In order to certify an IID the manufacturer must submit a properly completed application form to MVD that includes the manufacturer’s business and contact information as well as documentation providing a detailed description of the IID,

1 MVD must defer a portion of the 12 month period for first time, non- extreme DUI offenders if the person meets certain criteria (see IID Removal section).
2 The IID period for a person convicted of non-extreme DUI with a person under 15 years old in the vehicle is 12 months.

Note to Reader :

The Senate Research Staff provides nonpartisan, objective legislative research, policy analysis and related assistance to the members of the Arizona State Senate. The Research Briefs series is intended to introduce a reader to various legislatively related issues and provide useful resources to assist the reader in learning more on a given topic. Because of frequent legislative and executive activity, topics may undergo frequent changes. Additionally, nothing in the Brief should be used to draw conclusions on the legality of an issue.

Arizona Senate Research Staff, 1700 W. Washington, Phoenix, AZ 85007

Arizona DUI Laws: Ignition Interlock Device 2

the technical specifications of the IID and an independent laboratory report and certification stating that the IID meets or exceeds specified IID requirements. For installation, manufacturers are required to refer individuals to an authorized installer who complies with the manufacturer’s procedures for installing the IID.

Additionally, legislation enacted in 2003 requires individuals under IID orders to submit to periodic inspections at least once every 90 days to show proof of compliance to MVD that the individual has installed a functional and certified IID in each motor vehicle operated by the driver.

If the inspection and compliance requirements are not satisfied, MVD is required to suspend that individual’s driving privileges until proof of compliance is submitted. Additionally, MVD must refuse to renew the registration of a vehicle owned by a person who has failed to comply with IID requirements. The 12-month IID compliance requirement begins on the date compliance is proven to MVD. If an individual was convicted prior to August 25, 2004, and is found to be out of compliance during the 12-month time period, the12-month requirement is paused until the individual proves compliance to MVD. If the individual was convicted after August 25, 2004, the 12-month period of compliance must be consecutive; therefore if there is noncompliance during the12-month time period, the 12-month time period is restarted when the individual proves compliance to MVD.

ARIZONA SPECIAL IGNITION INTERLOCK RESTRICTED DRIVER LICENSE

Laws 2005, Chapter 312 established a special ignition interlock restricted driver license. An individual whose driver license is suspended or revoked for a first offense of either refusal to submit to a sobriety test or aggravated DUI with an individual under 15 years old in the vehicle may apply for the special driver license, which allows the individual to operate a motor vehicle during the period of license suspension or revocation. Laws 2011, Chapter 341 expanded eligibility for the special ignition

interlock restricted license to DUI and extreme DUI offenders. The special driver license requires the licensee to maintain a certified IID on any vehicle the licensee operates and allows the licensee to drive only between certain locations, such as the individual’s residence and place of employment.

For a first offense of refusal to submit to a sobriety test, the individual can apply for a special driver license after the individual’s license has been suspended for at least 90 days. For aggravated DUI with a person under 15 in the vehicle, the individual can apply for a special driver license after a 90-day administrative license suspension, and the individual must show that he or she has completed alcohol or other drug screening and treatment as required by the court. For a second offense DUI or extreme DUI offender, the individual can apply for a special driver license after a 45-day license revocation if the person completes alcohol or other drug screening and, if ordered by the court, education or treatment.

Individuals under the age of 21 may have their driving privileges restricted by the court for driving while having any spirituous liquor in the individual’s body or for any other DUI offense. In this case, MVD must issue a special ignition interlock restricted driver license to the individual.

MVD must extend the special ignition interlock driver license for six additional months if the licensee tampers with the IID, attempts to operate the vehicle with a BAC of 0.08 or higher two or more times or during a six month extension or fails to provide proof of IID compliance or inspection.

Individuals holding the special ignition interlock restricted driver license must meet the same compliance requirements as individuals under IID orders and abide by the same driving restrictions.

IID REMOVAL

MVD must remove the IID requirement for a person only convicted of DUI for having a drug or its metabolite in the person’s body if the individual completes alcohol or drug screening

Arizona Senate Research Staff, 1700 W. Washington, Phoenix, AZ 85007

Arizona DUI Laws: Ignition Interlock Device 3

and the court determines no alcohol education or treatment is required. Additionally, before September 2013, MVD was allowed to permit certain individuals to be placed in a continuous alcohol monitoring (ankle bracelet) program instead of installing an IID. However, due to a federal requirement MVD’s ability to do so was eliminated and the person must install an IID.

MVD must defer six months of the twelve month IID period for a first time, non-extreme DUI offender if the person completes certain requirements, including alcohol education of at least 16 hours and maintaining a functioning IID consistent with statutory requirements. In order to be eligible for the six month deferral, the person must not have attempted to operate a vehicle with an alcohol concentration of 0.08 or higher two or more times during the license restriction or have been involved in a motor vehicle accident that resulted in physical injury or property damage at the time of the DUI offense. The deferral is revoked, however, if the person is arrested for a DUI offense during the period of deferral.

ADDITIONAL RESOURCES

Ignition Interlock Device Statutes: A.R.S. §§ 28-1461 through 28-1464

Special Ignition Interlock Restricted Driver Licenses Statutes: A.R.S. §§ 28-1401 through 28-1403

“Arizona Driving Under the Influence (DUI): DUI Laws and DUI Courts” Arizona State Senate Issue Brief, www.azleg.gov/briefs.asp

Arizona Department of Transportation Motor Vehicle Division
1801 W. Jefferson
Phoenix, AZ 85007

602-255-0072

http://www.dot.state.az.us/mvd

Arizona Senate Research Staff, 1700 W. Washington, Phoenix, AZ 85007