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Facing a charge of drinking and driving can be an utterly overwhelming experience. In addition to worries of how the outcome will affect your future, you may be baffled by legal jargon and unsure of the correct steps needed to ensure your rights are not compromised.
At The Weingart Firm, our team specializes in DUI defense and offers aggressive representation. We can provide a distinct advantage in successfully challenging evidence backing a DUI charge. Our unrivaled knowledge of every aspect of DUI law, including placement of an ignition interlock device (IID), ensures that our Scottsdale clients receive a fair trial resulting in minimized penalties or the dismissal of charges altogether. To learn more about our services during a free consultation, contact Mark Weingart today.
As a part of the 2007 DUI reform act also came mandatory ignition interlock device (IID) upon conviction of any form of DUI. Previously Arizona only required IID upon conviction of extreme DUI. This was less than ¼ of the total annual DUI convictions. This law change suddenly added more than 40,000 people annually to interlock heaven! This has created a logistical nightmare for clients, the MVD, and the interlock companies. There are numerous mistakes, false reports, and long waits for hearings to correct mistakes which cost you money and loss of the privilege to drive.
Briefly, here is how it works. There are more than 5 statutes involved in IID implementation. Upon conviction for DUI, all are required to equip the vehicles they drive with the device. This is not a court-imposed penalty, but an MVD issue. MVD then contacts you by mail to inform you that you need to go to an approved company and get the device installed within about 30 days from the date of the notice. You are responsible for paying for the installation, as well as the bimonthly check up (with fee), and then the cost to remove it. During the IID period, you are connected to a GPS system and must blow into the device before your vehicle will start and at intervals while driving.
Exempt from this requirement are vehicles you drive for work owned by your employer and for which they agree in writing.
It is a misdemeanor for a rental car company to rent you a car without the device in it. If you procrastinate or simply choose to blow off the IID, MVD will suspend you and refuse to reinstate until…you guessed it, you install the IID. If this all sounds complicated, we have barely scratched the surface here. Please call and we can explain further.
The 2012 DUI reform act impacted the IID use even further. Now, if convicted of non-extreme DUI, if you don’t have any actionable violations, the IID can be “abated” after 6 months. Make no mistake, the requirement is for a year, with this one exception.
Also, now, if you get convicted of any form of DUI and have previously been convicted within the past 7 years, when MVD revokes the license, you can agree to put in the IID and drive legally for most of the revocation period. The same holds true with a the one-year suspension for refusing the Intoxilyzer or blood test – if you put in the IID, you can drive.
Another new change is that if convicted of DUI drugs, no IID is required.
Nationally recognized as a legal expert on DUI, Mark Weingart exercises unparalleled knowledge and experience in this area of litigation. Whether you face heightened penalties because of repeat offenses, or if you have been charged with underage drinking and driving, we can help. Our firm has experience defending clients in thousands of DUI cases, and our unique knowledge offers our clients top-of-the-line representation.
If you have been charged with DUI, the first steps towards protecting your livelihood, your rights, and your future is to reach out to a law firm you can trust. Contact us today to schedule a free consultation.