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Being arrested and charged with DUI in Arizona is a serious crime, and recent legislative developments have only increased the potential consequences if someone is convicted of these charges. Almost 30,000 people are arrested for some form of Arizona DUI every year, and given that statistic, public pressure to increase the enforcement and punishment for this charge has been intense.
One of the new issues surrounding Arizona DUI laws is the ignition interlock device. Below you’ll find information regarding what this device is and how it works, the purported reason for it, when it’s ordered, the fees and maintenance involved with being forced to use such a device and finally how you should proceed in hiring a Phoenix DUI defense lawyer if you or someone you love faces a DUI or a DUI-related charge in Arizona.
An ignition interlock device is a mechanism that’s installed in any vehicle that someone who is convicted of a DUI will drive. This device is intricate in nature and serves as an automatic breathalyzer test that the person convicted of a DUI must administer to him or herself before being able to start the vehicle and drive.
The public policy reason for this ignition interlock device is to prevent someone who has been convicted of a DUI in Arizona from driving under the influence again in the future. The device is monitored by the police and if it is removed from the vehicle it will activate law enforcement to investigate the matter.
Until 2007, an ignition interlock device was only ordered in Arizona if a defendant was convicted of at least his or her second DUI charge or if the defendant was convicted of an extreme DUI. However, that changed in 2007 when the governor signed a new law that ordered the installation of an ignition interlock device in the vehicles of anyone who is convicted of a DUI in Arizona, even if it was only the first offense.
Generally, these ignition interlock devices must remain in the convicted defendant’s vehicle for a period of at least one year. If the defendant is sentenced to jail time when he or she is convicted, the time that this ignition interlock device must remain in the defendant’s vehicle does not begin to run until the defendant is released from jail and regains his or her driving privileges.
The ignition interlock device is not installed or maintained for free. The convicted defendant is responsible for the installation fee for this device, and it’s usually manufactured and administered by a private company that is in constant and direct contact with law enforcement. In addition to the installation fee that can cost several hundred dollars, the convicted defendant must also pay the leasing fee of the device with an average cost of about $80 per month.
Maintenance is generally required on these ignition interlock devices approximately every 30 days, and much like the other fees, the convicted defendant is responsible for payment for this maintenance as well. If the device is disabled, damaged or destroyed for some reason, once again the cost and responsibility falls on the convicted defendant.
Aside from the costs associated with an Arizona ignition interlock device, there could be other consequences that result from this requirement as well. For instance, if your job requires that you drive a company-owned vehicle, you and your employer must fill out the required paperwork that requests installation of this device on any vehicle that you could potentially drive in the course of performing your duties.
None of this takes into account the time and the embarrassment that results from being forced to use an ignition interlock device. Failure to maintain the device properly, to report for service when the device needs it or to generally use it properly will result in an immediate download of this information by the service company that will be sent to law enforcement. In short, there is no way around the use, maintenance, cost and stigma attached to an Arizona ignition interlock device if one is ordered for you after a conviction for DUI in Arizona.
If you are facing the prospect of having to use an ignition interlock device because of a DUI charge in Arizona, you owe it to yourself to fight these charges. However, this should only be done with the help of an experienced and skilled Phoenix DUI defense lawyer. Contact David Wroblewski & Associates today to schedule an initial consultation so you can begin the process of building a strong defense.
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