November 16, 2013 at 6:53 am #176595174
Need assistance on what constitutes a violation under Arizona laws
So Arizona “found” me 6 years after my DUI there. Arizona requires an ignition interlock for every DUI and because I didn’t notify them that I had one they went to the national database and said I was non-compliant. Or something like that. When I renew my Texas license, the BMV noted the Arizona issue and threatened to suspend my license. Got my interlock installed last week.
I got a Draeger. Appears to be one of the better ones. It is a blow for 5 seconds and then suck for 1 second. The suck part kept throwing me, however for me, it actually means sucking for about 2 seconds.
Went drinking with friends last night. Don’t have a breathalyzer yet, but it’s on the next purchase list. Based on mathematical calculations, the BAC goes down each hour by .015%. My BAC app said that my BAC was .136 after 8 beers and 1 mixed drink over 5 hours (7pm to 12 am) It said I would need to wait under 3 pm !! to be sober. I rode my bike the 3 miles to work today. I am trying to figure out at what point I could drive and not fail. That machines scares the crap out of me. My own math shows that I would have been under .02 within 10 hours, or noon the next day.
My understanding that each machine is set with a preset limit that is either .02 or .03. If you blow on start up over that, the machines locks out and you have to wait until it is below that to start the engine. The information from the attorney from Massachusetts that posts on here has been very helpful. Mass. has actually provided a very specific list of what will cause violations. Conspicuously absent is any blow that is over .02. What is the larger is issue is the rolling retest. The machine will LET you start your car and go if it is over .02. However, if you still blow over that while on the road twice in a service period (every 30 days), you could lose your license for 10 years (Yikes!!)
I have called Draeger to see what the presets are for my machine. No return call yet. I called Arizona and they pretty much told me they don’t have that info to share. Nice. They did give me an email address ignition interlok at DOT dot gov so that my interlock device company could email them for the information. Why hide this? People want to make informed decisions. So who controls this? My device manufacturer?
I am a lawyer by trade myself (not criminal) I have read over the Arizona statutes governing interlock devices. A.R.S. 28-1461. It’s pretty straight forward. Under Section B, the installer is supposed to report if there was an attempt to start the car with a BAC over .08. You get one pass. Do it again and you get 6 more months.
So NO WHERE in the statutes does it talk about preset limits and lockouts. So if I blow a .05, then by statute, it shouldn’t matter. In fact, it shouldn’t matter how many fails I get period unless it was above .08.
It does mention that the installer is to provide proof of compliance to the DMV every 90 days. What does “proof of compliance” mean? Does it just mean that I am complying with the requirement that I have a IID? Or is there where these restrictions come into play? My installer gave me a sheet that said the preset was 0.00, which I find hard to believe. My fear is that if I blow a .03, and the device lockouts, this will be reported to be non-compliant. And if I am not in compliance, then this WOULD then violate the Arizona statute.
Arizona does not seem to have all the restrictions that a state like Mass. has. I really really don’t want to test this theory out by blowing a .03 and seeing what happens.
Anyone familiar with the preset limits and failures/violations with these devices in Arizona.
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