Every DUI Conviction in Arizona Requires an Ignition Interlock Device
There is no way around it. Arizona law mandates that every person convicted of DUI install a certified ignition interlock device on every vehicle they operate. First offense, second offense, standard DUI, extreme DUI – the interlock requirement applies to all of them.
The ignition interlock device is a breathalyzer wired into your vehicle’s ignition system. You blow into it before starting the car. If your breath sample registers any alcohol above the device’s threshold, the car does not start. While you are driving, the device requires periodic rolling retests. If you fail a rolling retest, the device logs the failure, activates your horn and lights, and records the event for reporting to the court and MVD.
Living with an ignition interlock is an ongoing burden – financially, logistically, and personally. Understanding how the system works, what it costs, and what can go wrong helps you manage that burden and avoid violations that extend the interlock period or trigger additional penalties.
Brad Rideout is a former Arizona District Attorney who understands the interlock system from the prosecution side. He has seen how interlock violations are used to revoke probation and add jail time. That knowledge helps his clients navigate the interlock requirements successfully and avoid the traps that catch uninformed defendants.
The Legal Framework
A.R.S. § 28-3319 – Ignition Interlock Device Requirement
Arizona Revised Statutes § 28-3319 establishes the ignition interlock requirement. The statute mandates that MVD require installation of a certified ignition interlock device as a condition of license reinstatement for any person whose driving privilege has been suspended, revoked, or restricted due to a DUI offense.
Key provisions of § 28-3319:
- The IID must be installed on every motor vehicle operated by the person
- The device must be a model certified by the Arizona Department of Public Safety
- The person must maintain the device in proper working order
- The person must comply with all calibration and maintenance schedules
- Attempting to circumvent, bypass, or tamper with the device is a separate criminal offense
- Operating a vehicle not equipped with a required IID is a Class 1 misdemeanor
A.R.S. § 28-1461 – IID as a Sentencing Condition
A.R.S. § 28-1461 addresses the ignition interlock device as a condition of sentencing. Under this statute, courts are required to order IID installation for all DUI convictions. The court determines the length of the IID requirement based on the offense level and the number of prior offenses.
The court may also order IID installation as a condition of probation for any alcohol-related driving offense, even those that do not technically qualify as DUI under § 28-1381.
How Long You Need an Ignition Interlock
The required interlock period depends on the specific DUI offense and whether you have prior convictions:
| Offense | First Offense IID Period | Second Offense IID Period |
|---|---|---|
| Standard DUI (A.R.S. § 28-1381) | 12 months | 12 months |
| Extreme DUI (A.R.S. § 28-1382(A)(1)) | 12 months | 18 months |
| Super Extreme DUI (A.R.S. § 28-1382(A)(2)) | 18 months | 24 months |
| Aggravated DUI (A.R.S. § 28-1383) | Per court order (typically 12-24+ months) | Per court order |
These are minimum periods. The MVD or the court can extend the interlock requirement if there are violations during the interlock period. Every failed test, missed calibration appointment, or tampering attempt can add months to your interlock obligation.
When the Clock Starts
The interlock period does not begin until the device is actually installed and verified. If you delay installation, you are delaying the start of your interlock period. Some defendants wait months after conviction before installing the device, thinking they are avoiding the inconvenience. They are actually extending it.
Install the device as soon as possible after conviction and license reinstatement. The sooner you install it, the sooner the interlock period begins running, and the sooner you are done with it.
How the Device Works
Startup Test
Before you can start your vehicle, you must blow into the interlock device and provide a breath sample that registers below the device’s preset threshold. In Arizona, most devices are set to a BAC threshold of 0.02 or lower.
The breath sample must meet specific criteria – adequate volume, proper airflow pattern, and appropriate temperature – to be accepted by the device. This prevents the use of air pumps, balloons, or other bypass attempts. Modern interlock devices are sophisticated enough to distinguish between human breath and artificial air sources.
If the startup test registers alcohol above the threshold, the vehicle will not start. The device logs the failure. You can attempt another test after a lockout period, which increases with each subsequent failure.
Rolling Retests
While you are driving, the device will prompt you to provide additional breath samples at random intervals, typically every 15 to 45 minutes. These rolling retests are designed to prevent someone from having a sober person blow into the device at startup and then driving impaired.
If you fail a rolling retest, the device does not shut off your engine – that would create a safety hazard. Instead, it logs the failure, activates your horn and exterior lights, and records the event. You must pull over safely and either provide a passing sample or turn off the engine.
Rolling retest failures are reported to both the court and the MVD. They can result in interlock period extensions, probation violations, or additional criminal charges.
Data Logging
Every event is recorded: startup tests, rolling retests, failures, lockouts, vehicle starts, vehicle stops, and device disconnections. The interlock provider downloads this data at every calibration appointment and transmits it to the court and MVD.
There is no hiding a failure. The data is time-stamped and tamper-evident. Attempting to disconnect the device to avoid logging triggers its own alert.
Cost of an Ignition Interlock Device
The defendant pays all costs associated with the ignition interlock device. Arizona does not subsidize interlock costs for most defendants, though some providers offer income-based assistance programs.
Typical Cost Breakdown
| Cost Component | Amount | Frequency |
|---|---|---|
| Installation | $75 – $150 | One-time |
| Monthly lease/monitoring fee | $70 – $100 | Monthly |
| Calibration appointment | $25 – $50 | Every 30-60 days |
| Removal | $50 – $100 | One-time |
| Lockout reset (after violations) | $50 – $100 | Per occurrence |
| Additional vehicle installation | $75 – $150 per vehicle | One-time per vehicle |
Total Cost Estimate
For a 12-month interlock period:
- Low estimate: $1,000 – $1,200
- High estimate: $1,800 – $2,400
For an 18-month interlock period:
- Low estimate: $1,400 – $1,700
- High estimate: $2,500 – $3,500
For a 24-month interlock period:
- Low estimate: $1,800 – $2,200
- High estimate: $3,200 – $4,500
These estimates do not include costs from violations, lockout resets, or extensions. If the interlock period is extended due to violations, costs continue to accumulate.
Certified Interlock Providers in Arizona
Arizona requires the use of ignition interlock devices certified by the Arizona Department of Public Safety. You must choose from the list of approved providers. The major providers operating in Arizona include:
- Intoxalock – National provider with multiple Arizona service locations
- Smart Start – National provider with service centers throughout Arizona
- LifeSafer – National provider operating in Arizona
- Low Cost Interlock – Regional provider with Arizona locations
- Draeger – Provider with Arizona-certified devices
When choosing a provider, consider:
- Location of service centers – You need to visit for installation, calibration, and removal. Choose a provider with a service center close to your home or workplace.
- Calibration schedule – Some providers require calibration every 30 days, others every 60 days. Less frequent calibration means fewer appointments and potentially lower costs.
- Customer service responsiveness – Device malfunctions happen. When they do, you need a provider that can get you in for service quickly. A malfunctioning device that prevents you from starting your car affects your ability to get to work and court-ordered appointments.
- Cost transparency – Some providers advertise low monthly rates but add fees for calibration, data downloads, lockout resets, and removal. Get the total cost in writing before signing a lease agreement.
- Insurance against malfunctions – Some providers offer protection plans that cover the cost of lockout resets caused by device malfunctions rather than actual alcohol use.
Common Interlock Problems and How to Handle Them
False Positives
Ignition interlock devices can register false positive results from:
- Mouthwash – Many mouthwashes contain alcohol. A recent rinse can trigger a positive result. Use alcohol-free mouthwash.
- Hand sanitizer – Alcohol-based hand sanitizers can produce fumes that the device detects. Do not use hand sanitizer immediately before a test.
- Food – Fermented foods, bread, ripe fruit, and some energy drinks can produce trace alcohol readings. Wait at least 15 minutes after eating before testing.
- Cigarette smoke – Smoking immediately before a test can affect results in some devices. Wait a minute after your last drag.
- Medications – Some over-the-counter cold medications and cough syrups contain alcohol. Check labels.
- Environmental factors – Extreme temperatures, vehicle exhaust, and cleaning chemicals can affect device readings.
If you get a false positive, do not panic. Rinse your mouth with water, wait the lockout period, and retest. If the retest is clean, the initial failure is documented but may be explainable at your next review.
Device Malfunctions
Interlock devices are electronic equipment installed in vehicles that experience vibration, temperature extremes, and humidity. Malfunctions happen. Common issues include:
- Device not accepting breath samples despite proper technique
- Random lockouts with no apparent cause
- Battery drain issues from the device’s connection to the vehicle’s electrical system
- Display errors or blank screens
- Rolling retest prompts occurring at unsafe times (though you have time to pull over safely)
When a malfunction occurs, contact your provider immediately and document the issue. If the malfunction prevents you from starting your vehicle, most providers offer roadside assistance or expedited service appointments. Keep records of all malfunctions and service visits – you may need them if a malfunction is reported as a violation.
Tampering Allegations
Disconnecting the device, having someone else blow into it, or attempting to bypass the system are all criminal offenses under Arizona law. Beyond the criminal charge, tampering allegations can result in:
- Extension of the interlock period
- Probation revocation and jail time
- Additional DUI charges if the bypass was related to impaired driving
- License revocation
Modern interlock devices have camera attachments that photograph the person providing the breath sample. This technology makes it nearly impossible to have someone else blow for you without detection.
The IID Restricted License
Arizona allows some DUI defendants to obtain a special IID restricted license that permits driving during the suspension period, provided an ignition interlock device is installed. This restricted license allows you to drive to:
- Work
- School
- Court-ordered appointments (probation, alcohol treatment, community service)
- Medical appointments
- Interlock calibration appointments
The IID restricted license is not available for all DUI offenses. Eligibility depends on the specific charge and your driving record. Defendants with aggravated DUI convictions or those whose license was revoked (as opposed to suspended) may not be eligible for a restricted license during the revocation period.
What Happens at the End of the Interlock Period
When your interlock period is complete, you do not just uninstall the device and drive away. There is a process:
- Compliance review – The MVD reviews your interlock data for the entire period. If there are no violations in the final months, the MVD will authorize removal.
- Provider removal – You schedule an appointment with your interlock provider for device removal. The provider downloads the final data and confirms removal with the MVD.
- MVD clearance – The MVD updates your driving record to reflect completion of the interlock requirement.
- License reinstatement – If your interlock completion coincides with the end of your license suspension period, you may need to apply for license reinstatement separately.
If there are violations in the final months of the interlock period, the MVD can extend the requirement. This is why compliance is critical throughout the entire period, but especially toward the end.
Frequently Asked Questions
Can I drive a vehicle without an interlock during my IID period?
No. Arizona law requires that you operate only vehicles equipped with a certified ignition interlock device during your IID period. Driving a non-equipped vehicle is a Class 1 misdemeanor and can trigger additional penalties including interlock period extension and probation revocation.
What if I do not own a vehicle?
Even if you do not own a vehicle, the interlock requirement still applies. If you use someone else’s vehicle, the device must be installed on that vehicle. If you do not drive at all during the interlock period, you may petition the court or MVD, but the interlock period typically does not begin running until a device is installed and operational.
Can my employer’s vehicle be exempted from the interlock requirement?
Arizona law provides a limited employer exemption. If your employer is notified of the interlock restriction and provides written authorization, you may operate an employer-owned vehicle without an interlock during the course of employment. This exemption does not apply to self-employed individuals who own the vehicle, and many employers are unwilling to provide the authorization due to liability concerns.
What happens if I fail a rolling retest while driving?
The device will not shut off your engine. It will log the failure, activate your horn and lights, and record the event. You should pull over safely and either provide a passing retest or turn off the engine. The failed retest will be reported to the court and MVD at your next calibration download.
Can the interlock period be shortened for good behavior?
Arizona law does not provide for early termination of the interlock period based on compliance. The minimum period set by statute or court order must be served in full. However, good compliance ensures that the period is not extended beyond the minimum.
Does the interlock requirement apply to motorcycles, ATVs, or boats?
The interlock requirement applies to motor vehicles. Motorcycles present a practical challenge because standard interlock devices are not designed for motorcycle installation. Some courts have addressed this by prohibiting motorcycle operation during the interlock period. ATVs and boats are not typically subject to the interlock requirement but may be addressed in court orders.
What if I move to another state during my interlock period?
If you relocate to another state, Arizona’s interlock requirement still applies to your Arizona driving privileges. The other state may have its own interlock requirements. You will need to comply with both states’ requirements. Many states participate in the Interstate Driver’s License Compact and will enforce Arizona’s interlock order.
Navigate the Interlock Process With Experienced Guidance
The ignition interlock device is one of many consequences of a DUI conviction, and it is one that affects your daily life for months or years. Understanding the system, avoiding violations, and managing costs requires knowledge of both the legal requirements and the practical realities.
Brad Rideout is a former Arizona District Attorney who has seen how interlock violations are prosecuted and how they compound existing DUI penalties. His defense practice helps clients manage interlock obligations while fighting to minimize the duration and overall impact of DUI consequences.
Contact Rideout Law Group Today
Scottsdale Office
11111 N Scottsdale Rd, Suite 225
Scottsdale, AZ 85254
Phone: (480) 584-3328
Lake Havasu City Office
2800 Sweetwater Ave A-104
Lake Havasu City, AZ 86406
Phone: (928) 854-8181
Toll-Free: (833) 854-8181
Call for a confidential consultation. Whether you are facing a DUI charge and want to understand interlock requirements, or you are already on an interlock and dealing with violations, Brad Rideout can help.
The information on this page is provided for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content. Past results do not guarantee future outcomes. Arizona law changes frequently. For legal guidance specific to your situation, contact a licensed attorney at Rideout Law Group. Communications with Rideout Law Group through this site are subject to Arizona Bar Rules ER 7.1, 7.2, and 7.3.
