Early Removal of your Ignition Interlock Device
In Arizona, if you have been convicted of a DUI you will likely be required to install an ignition interlock device on your vehicle. The time that you must have the device installed varies depending on what type of DUI you’re facing. But if you have been convicted of a first-time Regular DUI (BAC of less than 0.15) then MVD will require you to maintain an ignition interlock in your car for a period of 12 months.
But there is good news! You may not have to keep the device in your car for the full 12 months.
Thanks to a law passed in 2012, first-time DUI offenders are eligible for a 6 months’ early termination of the ignition interlock requirement under certain circumstances. This means that you could be eligible to have your ignition interlock removed after only 6 months rather than having to wait an entire year.
Here are the requirements for early termination:
1. You were convicted of a first-time regular DUI (i.e., BAC less than 0.15). If you were convicted of an Extreme or Super Extreme DUI, then you are not eligible for this program.
2. You successfully completed 16 hours of an alcohol education program.
3. You maintained a functioning ignition interlock device on your motor vehicle for 6 months.
4. You have not attempted to operate a vehicle with an alcohol concentration of 0.08 or more two or more times while the ignition interlock device was installed.
5. Your DUI conviction did not involve a car accident that caused physical injury or property damage.
6. Your ignition interlock provider has given MVD proof of all necessary compliance information (e.g., proof of installation and regular calibration checks), and MVD has proof of you completing the alcohol screening program and the alcohol education program.
Source: ARS 28-3319
If all the above apply to you, then the law requires MVD to defer the remaining time period for the ignition interlock after the first 6 months. If you believe this applies to you, contact MVD to see if you are eligible to have your ignition interlock removed early.
Stewart Salwin
Stewart Salwin is the founder and lead attorney at Salwin Law Group, a criminal defense law firm based in Scottsdale, Arizona, just outside of the greater Phoenix area. He is a graduate of Georgetown University and Harvard Law School, where he was taught criminal law by world-renowned defense attorneys.
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