The ignition interlock device is never ordered while the case is pending. The only time a person would have to install an ignition interlock device is if they had received a DUI conviction involving alcohol. If the person’s conviction is for prescription drugs or illegal drugs or marijuana any other type of drug they would not have to have an ignition interlock device installed in their car. However, the ignition interlock device must be used for a period of time after any alcohol-related DUI in Arizona.
The shortest this period of time could be is one year, but in an “impaired to the slightest degree” conviction, it could be taken out at the six month mark if you’ve complied fully with all requirements. For an Extreme DUI it would be a minimum of twelve months, and for a Super Extreme DUI, it’s a mandatory minimum of 18 months. For any felony DUI or Aggravated DUI, the mandatory minimum period is for 18 months.
You don’t have to install it in every vehicle you own, you only have to install it in any vehicle that you intend to drive while that restriction is on your license. If you own five vehicles but you only intend to drive one of them while you’re on the restriction, then you only have to get the ignition device installed in that one vehicle.
The most important defenses are based on the science. There are a lot of complex arguments that we can make in order to get the jury to give no weight to the blood or breath test, because there are major issues with the testing systems here in Arizona. There are a number of things that we can argue with the help of our experts to prove that the test result is not reliable and that the state should not be able to use it against our client. You need an expert who can properly articulate this to a jury to help them understand how this is not an exact science.
We’ve had success in getting juries to acquit our clients based on the fact that the state was not able to prove an actual BAC. We have also had clients who were found asleep behind the wheel because they decided to do what society asked them to do: if you think you are impaired, pull over and sleep it off. The police sometimes try to get them under the physical control part of the statute because in Arizona they have to prove you were either driving or had actual physical control of the vehicle. To prove actual physical control the state looks at several factors: if the engine was on, the keys were in the ignition, the person was in the driver’s seat, or the engine was hot.
I can’t tell you how many clients I’ve had who thought to do the responsible thing and pulled over to a parking lot or on the side of the road and went to sleep. At that point they’re using their car as a shelter and not as a vehicle but they get arrested for DUI because the officer comes up, knocks on the window, and does the DUI investigation on them.
If the officers didn’t have a valid basis for the stop and if that can be proven, which we’ve been able to do in the past, then we could get everything that they tried to use after the stop thrown out as the fruit of a poisonous tree.
For more information on Ignition Interlock Device In A DUI Case In AZ, an initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (480) 616-8229 today.