The consequences for a first-time conviction for driving under the influence are certainly serious. If you drink or take drugs and drive, you could end up with jail time, fines and assessments that could total thousands of dollars, community restitution, mandatory attendance at an alcohol/drug education or treatment program, eight points on your license, and insurance surcharges that could last for years, and that could cost you thousands of dollars more. Finally, even first offenders in Arizona are required to install an ignition interlock device (IID) on their cars for a year or more after their driving privileges are restored.
The IID installation requirement for those convicted of their first DUI has been in effect for a number of years in our state. And the trend across the country in this area, as in others involving DUI penalties, has been to increase the penalties. Every state has some law or laws on their books relating to IID’s, and Arizona is one of about 18 states that require their installation for first-time offenders. The idea behind the law is to attempt to reduce the instances of multiple DUI’s.
Here’s how the device works. It is wired into your ignition system, and will prevent your vehicle from starting unless and until you blow into a tube. If the device detects alcohol, your car will not start. The IID also requires you to blow into the tube periodically on a random basis while your engine remains on. Every month, you’ll be required to bring the vehicle in to a facility to have the results of your driving and IID use reported, and repeated instances of alcohol on your breath can lead to an extension of the mandatory time it has to remain installed in your vehicle. Note that the cost of the IID, over the course of a year, could amount to $1,000 or more, all of which you have to bear if you are convicted of DUI.
There are those who believe that the IID law is too harsh when it is applied to first-time offenders. But whatever your take on the wisdom of the law may be, it is safe to assume that it will be with us for the foreseeable future. Legislative attempts to have the time period reduced to six months, for example, have been unsuccessful. And this past spring, a new law was signed by the governor eliminating a potential loophole in the IID law. The loophole had allowed some people to avoid installation under a special program that substituted once a day alcohol testing.
The Feldman Law Firm PLLC
1 E. Washington Street
Phoenix, AZ 85004
(602) 540-7887
