Ignition Interlock Devices (IIDs) For DACA Recipients, U.S. Legal Residents, and Undocumented Immigrants in Arizona

What is an Ignition Interlock Device (IID), and how does it work for all drivers in Arizona?

An Ignition Interlock Device (IID) is a breathalyzer that is installed in the vehicle of someone who has been convicted of a DUI offense. Before the car can be started, the driver must blow into the device and the breath sample must register a BAC (blood alcohol concentration) below a certain limit. In Arizona, all drivers convicted of an extreme DUI (BAC of 0.15 or higher) are required to install an IID in their vehicles. The device must be used for 12 months following the conviction, and all costs of installation and maintenance are paid for by the convicted driver.

Are there differences in IID requirements based on immigration status in Arizona?

Yes, there are differences in IID requirements based on immigration status in Arizona. Immigrants who are not legal permanent residents or have no other valid immigration status are not eligible for an ignition interlock device. They would need to obtain a restricted license from the Arizona Motor Vehicle Division (MVD). Temporary visitors or individuals with a pending application for an immigration change of status may be eligible for an IID if they meet certain requirements.

Under what circumstances are IIDs mandated for drivers in Arizona?

In Arizona, an Ignition Interlock Device (IID) is required for individuals convicted of a DUI or underage DUI, or who are required to have an interlock device placed on their vehicle due to a court order. An IID is also required for anyone arrested for a DUI/DWI with a blood alcohol content (BAC) of .08 or greater, or who refused to take a chemical test. Additionally, individuals with two or more DUI convictions within 84 months are required to have an IID installed.

Do first-time DUI offenders face different IID requirements than repeat offenders, regardless of immigration status in Arizona?

Yes. The Arizona Department of Transportation states that first-time DUI offenders must have an ignition interlock device installed for one year, while repeat offenders must have one installed for two years.

What is the process for installing an IID in a vehicle, and how much does it cost for all drivers in Arizona?

The process for installing an ignition interlock device (IID) in a vehicle varies slightly by state, but generally includes the following steps:

1. Obtain an IID: You must obtain an IID from an approved provider. In Arizona, there are several approved providers listed on the Arizona Department of Transportation website.

2. Install the IID: After obtaining an IID from an approved provider, you must have it installed in your vehicle by a certified technician.

3. Complete the DMV paperwork: After installation, you must complete and submit any paperwork required by your state’s motor vehicle department. In Arizona, this includes a form for the Ignition Interlock Device Driving Permit and a form to record the installation of the device.

4. Pay fees: The final step is to pay any fees associated with IID installation. In Arizona, the total cost is $150 per vehicle for all drivers, plus any additional fees for the installation of the device itself (which vary depending on the provider).

Is there a difference in the duration of IID requirements based on immigration status in Arizona?

Yes, there is a difference in the duration of IID requirements based on immigration status in Arizona. Under Arizona law, all drivers convicted of a DUI must install an ignition interlock device (IID) on their vehicle for at least 12 months. However, non-U.S. citizens may be required to maintain the IID for up to 36 months. Additionally, drivers with multiple DUIs may be required to keep the device for longer than 12 months.

Can individuals with IIDs drive any vehicle, or are there restrictions on the types of vehicles they can operate in Arizona?

Individuals with IIDs in Arizona are limited to operating vehicles that have been approved and registered with a qualified vendor. Individuals may not operate any vehicles that do not have an ignition interlock device installed, as this is a violation of Arizona state law.

Are there penalties for tampering with or circumventing an IID for all groups in Arizona?

Yes, there are penalties for tampering with or circumventing an IID for all groups in Arizona. Violators face a class 1 misdemeanor, which is punishable by up to six months in jail and a fine of up to $2,500. Additionally, the violator’s driver’s license may be suspended for one year, and the vehicle may be impounded for up to 90 days.

Can drivers request a hardship or restricted license that allows them to drive with an IID during license suspension for all drivers in Arizona?

Yes, drivers can request a hardship or restricted license that allows them to drive with an Ignition Interlock Device (IID) during license suspension in Arizona. The Arizona Motor Vehicle Division issues hardship licenses that allow a driver to operate a vehicle for employment, educational, medical, or court-ordered purposes with an IID.

What is the process for regular maintenance and calibration of IIDs, and who is responsible for the costs in Arizona?

In Arizona, the process for regular maintenance and calibration of Ignition Interlock Devices (IIDs) is outlined under the Arizona Ignition Interlock Program (AIIP). The AIIP requires all individuals who are required to install and use an IID to have their device inspected and calibrated on a monthly basis at a certified service center. Individuals are responsible for the costs associated with the monthly maintenance and calibration of their IID. The cost of the inspection and calibration varies based on the make and model of the device, but generally ranges from $50-$75 per month.

Are there resources or organizations that provide guidance on IID requirements for all drivers in Arizona?

Yes, there are several resources and organizations that provide guidance on IID requirements for all drivers in Arizona. The Arizona Department of Transportation provides information on the state’s ignition interlock device laws and requirements, as well as links to certified service providers. The Arizona Governor’s Office of Highway Safety also has a comprehensive overview of the state’s ignition interlock laws and regulations. In addition, Mothers Against Drunk Driving (MADD) provides detailed information on Arizona’s IID laws, including how to apply for IID services.

What rights and legal protections apply to drivers using IIDs in Arizona?

In Arizona, the Interlock Device Program is regulated by the Department of Transportation and is overseen by the Governor’s Office of Highway Safety. Drivers using IIDs are required to comply with all laws and regulations set forth by the state, including regular maintenance of the device and submitting to random breath tests while operating a vehicle. Drivers are also protected from discrimination based on their involvement in the program. For example, employers cannot refuse to hire an individual based solely on their participation in the IID program. Additionally, Arizona law states that anyone who has successfully completed the IID program will have their license reinstated automatically, without any additional fees or waiting period.

Can IIDs have immigration consequences for DACA recipients and undocumented immigrants in Arizona?

Yes, IIDs can have immigration consequences for DACA recipients and undocumented immigrants in Arizona. A non-citizen who has been issued an IID may be subject to additional scrutiny by U.S. Immigration and Customs Enforcement (ICE). This could potentially lead to deportation proceedings. In some cases, an IID may also count as a “serious misdemeanor” conviction under immigration law, making the person removable from the United States or ineligible for certain forms of relief from removal. Therefore, it is important for people in Arizona who are considering applying for DACA or other forms of immigration relief to consult with an experienced immigration attorney before accepting an IID sentence.

How do IIDs interact with DUI vs. DWI distinctions in Arizona?

In Arizona, having an ignition interlock device installed is a sentence requirement for those who have been convicted of DUI or DWI. An IID requires the user to submit a breath sample before the vehicle will start. If the breath sample contains alcohol, the vehicle will not start. IIDs are also used in other states as a sentencing requirement for those convicted of DUI or DWI.

Can individuals with IIDs sponsor family members for immigration, and does the presence of an IID affect the sponsorship process in Arizona?

Individuals with IIDs (Immigration Identification Documents) are not eligible to sponsor family members for immigration, and the presence of an IID does not affect the sponsorship process in Arizona. Eligibility for family-based immigration sponsorship is determined by a variety of factors, including the sponsor’s immigration status, identity and income. Since IIDs are only issued to individuals who lack lawful immigration status, the presence of an IID would likely disqualify an individual from sponsoring a family member for immigration.

Are there options for removing IIDs from vehicles once the mandated period is over for all drivers in Arizona?

Yes. The Arizona Department of Motor Vehicles (DMV) has an Ignition Interlock Device Removal Program. Drivers may be eligible for removal after meeting certain requirements, such as having a clean driving record for a period of time and paying all fines and fees associated with their ignition interlock device installation and/or removal.

What happens if a driver fails a breath test on the IID, and does this affect their DUI case in Arizona?

If a driver fails a breath test on an IID (ignition interlock device) in Arizona, they must serve a period of hard suspension of their license. This will last for one year or until they can prove that they have completed an alcohol program and have been granted an occupational driver’s license. In addition, the failure may also be used as evidence in the driver’s DUI case.

Do IIDs have any impact on auto insurance rates for all groups in Arizona?

Yes, IIDs have an impact on auto insurance rates for all groups in Arizona. Insurance companies often offer a discount to customers who install an IID, since it is a proven tool for decreasing the likelihood of a crash and for reducing the severity of an accident if one should occur. Additionally, many insurers also offer discounts to young drivers or drivers with DUI records who install an IID.

What is the process for staying informed about changes in IID laws and requirements that affect all drivers in Arizona?

1. Monitor the news: Keeping an eye on local and national news outlets can help you stay updated on any changes to IID laws and other pertinent motor vehicle regulations in Arizona.

2. Contact your local DMV: Each state has its own DMV office, and they are often the best source of information about laws that pertain to drivers in the state. Contacting your local DMV office or visiting their website can provide you with up-to-date information about any new or revised laws that affect drivers in Arizona.

3. Follow relevant organizations: Following organizations such as the National Highway Traffic Safety Administration (NHTSA) or the Centers for Disease Control and Prevention (CDC) can help you stay informed about any new developments related to IID laws or other motor vehicle regulations in Arizona.

4. Sign up for emails: Many organizations offer email newsletters that provide subscribers with information on any changes to IID laws or other relevant motor vehicle regulations in Arizona. Signing up for emails from organizations such as the NHTSA, CDC, or your local DMV can keep you informed about any recent changes that affect drivers in the state.

Are there financial assistance programs available to help cover the costs of IIDs for individuals who cannot afford them in Arizona?

Yes, there are financial assistance programs available to help cover the costs of IIDs in Arizona. The Arizona Department of Transportation offers a financial assistance program called Ignition Interlock Device Reimbursement. This program helps to cover the costs of leasing, installing, and maintaining an IID. Eligibility is determined based on household size and income. To apply, contact the Arizona Department of Transportation at (602) 712-7270 or visit their website. Additionally, there are several private non-profit organizations that offer grants or low-interest loans to help cover IID costs.