Can You Get the Time for the Ignition Interlock Device Reduced

Posted by Raymond Kimble | May 11, 2018 | 0 Comments

Years ago,  Arizona increased the mandatory penalties for DUI offenses by requiring people convicted of DUI, Extreme DUI or Super Extreme DUI to place a certified ignition interlock device in their vehicle.  Upon a conviction for violating A.R.S. 28-1381A1 or DUI by Impaired to the Slightest Degree, A.R.S. 28-1381A2, the .08 DUI or Extreme/Super Extreme DUI,  Arizona Law provides:

"If the violation involved intoxicating liquor, shall be required by the department, on report of the conviction, to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28-3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter."

The purpose of the interlock is deter drivers from operating a motor vehicle with alcohol in their system.  Unfortunately, the interlock is also costly and may prove embarrassing to people who are required to drive for business purposes or chauffeur passengers for one reason or another.  The law does provide a way to get a reduction of six months off of the interlock period. To get the six month deferment:

1. The person must be sentenced pursuant to section 28-1381, subsection I.

2. The person must successfully complete an alcohol education program consisting of at least sixteen hours pursuant to section 28-1381.

3. The person must maintain a functioning ignition interlock device on all motor vehicles the person operates and meet the requirements of section 28-1461.

4. The person must  not attempt to operate a vehicle with an alcohol concentration of 0.08 or more two or more times during the period of license restriction or limitation.

5. At the time of the offense, the person was not involved in a motor vehicle accident that resulted in physical injury or property damage.

6. All necessary compliance information must be provided to the department by the ignition interlock device provider, the alcohol screening program and the alcohol education program.

If you are required to operate a vehicle with a certified ignition interlock device due to a DUI conviction in Arizona, you should contact the Motor Vehicle Division and see of you may be eligible for a deferment of six months.

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.


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