Interlock Requirement in Arizona: What You Need to Know After a DUI

If you have been charged with a DUI in Tempe or anywhere else in Arizona, one of the penalties you are almost certainly going to face is an ignition interlock device requirement.

It does not matter if it is your first DUI offense. Arizona law is unusually strict about this; virtually every DUI conviction triggers the interlock requirement, and if you ignore it, things can get a lot worse.

Here is a plain-English breakdown of what an ignition interlock device is, when Arizona requires one, how long you will have to keep it, and what happens if you do not comply.

If you or a loved one was charged with a DUI in the Tempe, Arizona area, contact the Law Offices of T. M. Allen for a free case review to learn how we can help. 

What Is an Ignition Interlock Device?

An ignition interlock device (IID) is basically a breathalyzer that is wired directly into your vehicle’s ignition system. Before your car will start, you have to blow into it. If the device detects alcohol above a very small threshold, typically around 0.02%, your car will not start.

It does not stop there. Once you are driving, the device will ask for random “rolling retests” while the engine is running. If you fail one of those retests or refuse to provide a sample, the device logs a violation and may trigger the horn or lights to alert others until the vehicle is safely stopped. The IID also keeps a record of every test result, which gets submitted to the Arizona Motor Vehicle Division (MVD) and the court.

Who Is Required to Have One in Arizona?

Under A.R.S. §28-1381 and §28-3319, Arizona requires an ignition interlock device for a very wide range of DUI offenders. The list includes:

• All first-time DUI offenders (regular, extreme, and super extreme)
• All repeat DUI offenders, regardless of BAC
• Anyone under 21 who is convicted of DUI
• Anyone who refused a breath, blood, or urine test
• Anyone driving on a license that was already suspended because of a prior DUI

One thing that surprises a lot of people: the IID requirement applies even if you are accepted into a diversion program or if your charges get reduced to something like reckless driving. If your original arrest involved a BAC over the legal limit or a test refusal, you will likely still need to install the device before you can get your driving privileges back.

How Long Do You Have to Keep It?

The length of time depends on what you were convicted of and how many prior DUIs you have on your record.

• First-time regular or extreme DUI (BAC 0.08%-0.199%): 12 months
• First-time super extreme DUI (BAC 0.20% or higher): 18 months
• Second-time regular or extreme DUI: 12 months
• Second-time super extreme DUI: 18 months
• Aggravated (felony) DUI: At least 24 months

There is also a potential deferral option for some first-time regular DUI offenders. If you complete a 16-hour alcohol education program, maintain a clean IID record, and meet a few other requirements, you may be able to cut your IID period short by six months. However, this deferral is not available to everyone, and it does not apply if you were charged with an extreme or super extreme DUI.

It Has to Go on Every Vehicle You Drive

This is the part that catches a lot of people off guard. The IID requirement does not just apply to the car you own. Under A.R.S. §28-1461, the device must be installed on every motor vehicle you operate — including cars you borrow, lease, or drive for work. Your driving privileges remain suspended until the MVD receives proof of a functioning IID in each vehicle you drive.

There is a narrow exception for employer-owned vehicles used strictly for work. You may be able to drive a company car without an IID if you notify your employer in writing about your requirement, the vehicle is only used for work purposes, you carry a copy of the court order in the vehicle at all times, and you provide proof of work hours to the court and MVD. You cannot use that same vehicle for personal trips.

What About a Special Restricted License?

If your license is suspended after a DUI, you do not necessarily have to wait out the entire suspension before driving again. Arizona offers a Special Ignition Interlock Restricted Driver License (SIIRDL), which allows eligible drivers to get back on the road immediately, provided an IID is installed.

To qualify, you need to install a certified IID, complete alcohol screening through an approved provider, and meet the other eligibility requirements. One important trade-off: if the SIIRDL is granted, you give up your right to contest the license suspension at a hearing. That is a decision worth talking through with an attorney before you move forward.

Not everyone qualifies. Drivers who caused death or serious physical injury are not eligible, nor are drivers with a prior DUI conviction within the past 84 months (7 years).

What Does the Device Actually Cost?

You pay for everything out of pocket. There is typically an installation fee, a monthly monitoring and calibration fee, and a removal fee at the end. When you add it all up over a 12-month period, you can expect to spend around $1,000 or more. For an 18-month or 24-month requirement, costs go up accordingly.

On top of that, you are required to bring your vehicle in for a calibration check at least every 90 days. The device data is submitted to the MVD each time, so compliance is tracked closely.

What Happens If You Do Not Comply?

Ignoring the IID requirement is a serious mistake. Under A.R.S. §28-1464, driving without a required ignition interlock device is a Class 1 misdemeanor, the same level as a first DUI. On top of that, the MVD can extend your IID requirement by up to an additional year if you are convicted of a violation.

Other violations, like asking someone else to blow into the device for you, or tampering with it, also carry criminal penalties and will extend your requirement. The IID records everything, so violations do not go unnoticed.

If you fail to keep the device installed and your vehicle registration comes up for renewal, the MVD may refuse to renew it. That adds yet another layer of problems on top of an already complicated situation.

How This Plays Out in Tempe

If you were arrested for a DUI in Tempe, your case will likely move through Tempe Municipal Court (for misdemeanor charges) or Maricopa County Superior Court (for felony charges). Both courts enforce Arizona’s IID requirements, and compliance is monitored by the MVD.

Because Tempe has a busy nightlife corridor along Mill Avenue and a large student population near ASU, DUI arrests are common and the courts handle a high volume of these cases. That does not mean you have no options, it means you want someone in your corner who knows how these cases are handled locally and can push back on the charges before a conviction locks in those penalties.

The Best Way to Avoid the Interlock? Fight the Charge.

The IID requirement kicks in when you are convicted of a DUI. That means if the charge is dismissed, reduced in a way that avoids the conviction, or successfully defended at trial, you may be able to avoid the interlock requirement altogether, along with the jail time, fines, and license consequences that come with it.

There are legitimate defenses to DUI charges in Arizona. The way the traffic stop was conducted, how the field sobriety tests were administered, whether the breathalyzer was properly calibrated, and how the blood draw was handled are all areas where an experienced defense attorney can find issues.

Facing an Interlock Requirement in Tempe? Talk to Tyler Allen First.

At the Law Offices of T. M. Allen, Tempe DUI defense attorney Tyler M. Allen helps people in Tempe and across the Valley navigate DUI charges and the penalties that come with them. Whether you are trying to understand your obligations, fight the underlying charge, or figure out your options with the SIIRDL, Tyler will go through everything with you clearly and honestly.

Time matters after a DUI arrest in Arizona. Reach out to the Law Offices of T. M. Allen today for a free consultation. Contact us today!