Ignition Interlock in Arizona
An interlock requirement touches every drive you take, and one missed appointment or bad reading can add months. We can help you understand the rules and respond when something goes wrong.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We take a meticulous approach to every step of this process, because the details matter.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: After many DUI convictions, the MVD must require a certified ignition interlock device under A.R.S. § 28-3319(D), and A.R.S. § 28-1461 sets the rules for using it.
- Who qualifies and for how long: 12 months for most DUI and 0.15 extreme DUI convictions, 18 months for a 0.20 or higher conviction, and 24 months for aggravated DUI or a repeat 0.20 conviction.
- Possible sentence for a violation: Tampering, having someone else blow or driving without a working device is a class 1 misdemeanor under A.R.S. § 28-1464(K): up to 6 months in jail (A.R.S. § 13-707(A)), a fine up to $2,500 (A.R.S. § 13-802(A)) and up to one more year of interlock.
- Where the case is heard: Interlock misdemeanors go to a city (municipal) court or a justice court. A DUI while an interlock is required is a felony heard in Maricopa County Superior Court in downtown Phoenix; confirm the building on your current notice.
- What to do now: Keep the device calibrated on schedule, save every service record and talk with a lawyer as soon as you get an extension notice or a citation.
What the law says
Under § 28-3319(D), when the MVD receives a report of a conviction "that involved intoxicating liquor or that specifically requires the installation" of a device, it must require every vehicle you operate to have a functioning certified device. A court can also order one. The MVD certifies the devices and sets standards for technicians under A.R.S. § 28-1462.
While the requirement is in place, § 28-1461(A) requires you to:
- Pay the costs of installing and maintaining the device.
- Prove that a functioning certified device is installed in each vehicle you operate.
- Provide proof of compliance and calibration "at least once every ninety days."
Under § 28-1461(B), the device maker reports tampering, missed proof or inspection and high readings to the MVD electronically. For general background, see Cornell LII Wex: driving under the influence (DUI), which is not a statement of Arizona law.
Who must install and for how long
| Conviction | Interlock period | Source |
|---|---|---|
| DUI under § 28-1381 | 12 months | § 28-3319(D)(1)(a) |
| Extreme DUI, 0.15 or more but less than 0.20 (A.R.S. § 28-1382(A)(1)) | 12 months | § 28-3319(D)(1)(a) |
| DUI with a child under 15 in the car, based on § 28-1381 (§ 28-1383(A)(3)(a)) | 12 months | § 28-3319(D)(1)(a) |
| Second or later DUI or 0.15 extreme DUI within 84 months of a prior | 12 months | § 28-3319(D)(1)(b) |
| Super extreme DUI, 0.20 or more (§ 28-1382(A)(2)) | 18 months | § 28-3319(D)(2) |
| Super extreme DUI with a prior within 84 months | 24 months | § 28-3319(D)(3)(a) |
| Aggravated DUI under § 28-1383(A)(1), (2), (4) or (5), or (A)(3)(b) | 24 months | § 28-3319(D)(3)(b) |
Under § 28-3319(F), the clock starts when you finish your screening, education or treatment requirements and are otherwise eligible to reinstate. Time spent with a special ignition interlock restricted license, including one issued during a refusal or admin per se suspension, is credited from the date the MVD authorized the device.
Ending the 12 month period early
For the 12 month tier in § 28-3319(D)(1)(a), § 28-3319(H) says the MVD "shall defer the remainder" of the period, starting with the later of six months after installation or the date you meet every condition. The conditions include being sentenced under § 28-1381(I), sixteen hours of alcohol education, a working device on every vehicle you drive, fewer than two attempts to drive at 0.08 or more and no injury or property damage accident at the time of the offense. Under § 28-3319(I), a new DUI arrest during the deferment ends it.
Possible penalties for interlock violations
Under § 28-1464, it is unlawful to have someone else blow into your device, to blow or start the car for a restricted driver, to tamper with or get around a device, or to drive without a functioning certified device during the required period. A person also may not knowingly rent or lend a car without a device to a restricted driver. A restricted driver who borrows or rents a car must tell the owner.
| Violation | Classification | Extra consequence |
|---|---|---|
| Most § 28-1464 violations | Class 1 misdemeanor (§ 28-1464(K)) | Up to 6 months jail and a $2,500 fine; for subsections (B), (C), (E) and (G), an interlock extension "for not more than one year" |
| Knowingly lending a car without a device, followed by a crash causing death or serious physical injury | Class 6 felony (§ 28-1464(K)) | Felony record |
| DUI while ordered or required to have an interlock | Class 4 felony (A.R.S. § 28-1383(A)(4) and (O)(1)) | 24 month interlock after conviction under § 28-3319(D)(3)(b) |
Even without a criminal charge, § 28-1461(E) says the MVD "shall extend" the period by six months if it has reasonable grounds to believe you tampered with the device, tried to drive over the limit two or more times, failed to provide proof of compliance or inspection, or failed three consecutive rolling retests. The only exception in § 28-1464(G) is a "substantial emergency," meaning no one else is reasonably available to drive (§ 28-1464(L)). Under A.R.S. § 28-3511(A)(1)(c), an officer must have the vehicle removed and immobilized or impounded if you drive without a functioning device while one is required.
Consequences beyond the sentence
Your record. A § 28-1464 conviction is a criminal conviction, separate from your DUI. Avoiding jail is not the same as avoiding a conviction. Later, you may be able to apply for a set-aside or record sealing, but under A.R.S. § 13-905(D) a set-aside does not release you from MVD requirements under § 28-3319.
Your license. Extensions push back the day you can drive without a device. Under § 28-1464(I), if you do not give the MVD timely proof that a working device is installed in each vehicle you operate, the MVD must suspend your special ignition interlock restricted license.
Immigration. If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
How we help with interlock problems
- Checking the period. We compare your conviction to the tiers in § 28-3319(D) and look for credit you may be owed.
- Deferment eligibility. We review whether you meet each condition in § 28-3319(H) for ending a 12 month requirement early.
- Extension notices. Device logs can have explanations other than drinking, so we review the reports behind any extension. If a medical condition prevents use of the device, § 28-3319(E) allows monthly alcohol and drug screening instead.
- Criminal charges. For a § 28-1464 charge, the State must prove you were under a qualifying requirement at the time. A substantial emergency may also be a defense to driving without a device.
- Aggravated DUI. If you are charged under § 28-1383(A)(4), we check whether the requirement was in effect that day and test the DUI evidence itself. See our aggravated DUI page.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
For a standard DUI or a 0.15 extreme DUI, § 28-3319(D)(1)(a) sets 12 months. If you meet every condition in § 28-3319(H), the MVD must defer the rest of that period, starting no earlier than six months after installation. See our pages on extreme DUI and super extreme DUI.
Under § 28-1461(E), the MVD must extend the requirement by six months if it has reasonable grounds to believe you failed to provide proof of compliance or inspection, or tried to drive over the limit two or more times.
The periods in § 28-3319(D) are tied to a report of conviction, not to a refusal or an admin per se suspension by itself. If you get a special ignition interlock restricted license during that suspension, § 28-3319(F) credits that time toward a later requirement. See our page on DUI refusal and license suspension.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 28-3319: Action after license suspension, revocation or denial for driving under the influence or refusal of test
- A.R.S. § 28-1461: Use of certified ignition interlock devices; reporting
- A.R.S. § 28-1462: Ignition interlock device certification and decertification; service provider bonds
- A.R.S. § 28-1464: Ignition interlock devices; violations; classification; definition
- A.R.S. § 28-1383: Aggravated driving or actual physical control while under the influence; county jail program; annual report; violation; classification
- A.R.S. § 28-1382: Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; time limitation
- A.R.S. § 28-3511: Removal and immobilization or impoundment of vehicle; Arizona crime information center database
- A.R.S. § 13-707: Misdemeanors; sentencing
- A.R.S. § 13-802: Fines for misdemeanors
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
Cornell Legal Information Institute
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