Archive for May, 2012


Ignition Interlock Device Violations in Arizona

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The purpose of an ignition interlock device is to deter people who already have a conviction for drunk driving. But more and more, sober people are getting in trouble with the legal system as a result of confusion about how the machine operates, or due to false readings.

In Arizona, the interlock device is compulsory for every DUI conviction, even if it’s the first conviction. Every violation results in an additional year being added onto the interlock penalty. DUI Attorney Joshua S. Davidson has successfully challenged that additional penalty.

Have you received an Ignition Interlock Violation? If you have been notified by mail by the Arizona MVD, you only have 15 days to ask for a court appearance to challenge the infraction.  Call us now before it’s too late. Let us represent you and fight that extra penalty. We serve clients in Phoenix, Scottsdale and all over Maricopa county. Get in touch with us right away for a free conference.

The Interlock Is Unreliable

In order to be eligible for a restricted drivers license, if you have a DUI revocation or suspension, an ignition interlock device must be installed on your vehicle at your expense. The purpose of blowing into the device once you are behind the wheel of your car is to keep an inebriated person from starting the vehicle, and to let the MVD know about the attempt to start the vehicle.

However a number of people from Arizona are racking up violations, even though they’ve done nothing wrong. Worse yet is the fact that they are unaware that the penalties are accumulating.

Recently, an underage driver who had been convicted of a DUI wasn’t using the interlock device properly. On several occasions, she blew into the machine and, even though the car started, a violation was reported. She ignored the warnings she received by mail and as a result, the state was going to add an additional 12 years to her interlock sentence.

Numerous drivers in Arizona have had extended time added to their interlock sentences after having a fruit smoothie. Apparently these tasty treats cause the BAC detector to go off resulting in embarrassment and extra expense.

You must respond to the notice from the MVD within 15 days. No officer of the law sees the violation, so you do not have a chance to take a breathalyzer test or a blood test and prove that you are not guilty. The false reading is simply your word against the word of the machine.

As your DUI attorney, Joshua Davidson will try to place doubt on those false readings. We can enlist the testimony of members of your family and your probation officer who confirm that you have been sober. We have experts testify on the inaccuracy of the machine as well as showing how a violation of the interlock device can be triggered easily by blowing in the machine incorrectly. In fact, a violation can even be triggered by a dead car battery.

Categories : DUI
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The Arizona Defense Law Blog is published by Phoenix DUI and criminal defense attorney Joshua S. Davidson. Nothing on this website is intended to create an Attorney-Client relationship and the information provided herein is for general information purposes only.


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