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By ArizonaDUI.com, May 4, 2010 10:32 am

Alcohol has proven to be statistically related to fatal automobile crashes many years ago. Studies have shown that even low doses of alcohol will impair one’s visual perceptions and reaction times.

And for the longest time, there seemed to be no sure-proof, accurate way for arresting officers to prove that a person had been drinking prior to getting behind the wheel other than based solely on one’s demeanor. In the cases of obvious intoxication, sure, but what about all the mild drinkers?

The earliest tests for measuring blood-alcohol content were based upon venous blood samples. And then the first breath-testing device, the “Breathalyzer,” was developed by Robert Borkenstein in 1954. And in more recent years, Interlock systems have been developed.

An interlock system is a device that measures Breath Alcohol Content (BrAC) and prevents a car from starting if the operator has been drinking. This device requires drivers to blow into a Breathalyzer before starting their car (an obvious change in driver behavior). If the breath test system registers alcohol above the legal limit, the vehicle will not start.

This type of device sounds great for preventing people from driving after having had a few cocktails, but there are some negatives associated with them.

These systems currently being sold in the U.S. and around the world are visible interlock system devices. One that might exist in the family car creates an undeniable social stigma that not only the driver, but also the driver’s children and family, must deal with on a daily basis. One major problem with these visible interlock systems is that people won’t install them in their cars because of the social stigma associated with them.

Interlock devices have also been criticized because they require drivers to blow into the device before the car will start as well as after driving for a period of time, so drivers must be able to safely pull over and repeat the test when the machine tells them to. This isn’t practical or safe.

Interlock systems are not wholly reliable or accurate and often need to be recalibrated. They may work for some offenders in some contexts, but not for all offenders in all situations.

Photo used under Creative Commons from Nightlife Of Revelry

While a great idea and a device that has prevented many an intoxicated driver from getting behind the wheel, our American law enforcement has yet to come up with a sure-fire way to test and prove one’s degree of intoxication as an exact measure.

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By ArizonaDUI.com, March 2, 2010 9:08 am

Flickr User: johnrawlinson

Sober Steering Sensors is a Canadian company out of Ontario, Canada’s most densely populated province. The company is developing technology that makes use of chemical sensors built into steering wheels to detect the gas byproducts of alcohol through the skin of drivers. This transdermal technology, developed in conjunction with California-based Seacoast Science, has been garnering a lot of interest.

Other forms of car-controlled breathalyzers do currently exist, but these interlock systems require drivers to blow into a Breathalyzer before starting their car (an obvious change in driver behavior). If the breath test system registers alcohol above the legal limit, the vehicle will not start.

These systems currently being sold in the U.S. and around the world are visible interlock system devices. One that might exist in the family car creates an undeniable social stigma that not only the driver, but also the driver’s children and family, must deal with on a daily basis. One major problem with these visible interlock systems is that people won’t install them in their cars because of the social stigma associated with them.

Interlock devices have also been criticized because they require drivers to blow into the device before the car will start as well as after driving for a period of time, so drivers must be able to safely pull over and repeat the test when the machine tells them to. This isn’t practical or safe.

The Canadian groups’ device, Sober Steering Sensors, tests drivers through the steering wheel. Hence, so long as a person is driving (with their hands and not their knees), the system should be continually activated. The only requirement for the system to be able to test a person’s BAC is that a driver has his hands on the wheel (a normal driving behavior).

Sober Steering recently received $1.5 Million from the Ontario government’s Innovation Demonstration Fund to produce prototypes and test later them later this year in about 200 fleet vehicles, such as transport trucks and buses.

Ignition interlock systems are expensive, costing up to approximately $2,000 per vehicle, as opposed to an estimated $200 for the Sober Steering solution. Stay tuned for more updates about this new-age sober driving technology.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

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By thoug, January 6, 2010 12:42 pm

A certified ignition interlock device (CIID) is now mandatory for everyone convicted of a DUI in Arizona. Understanding the following detailed information and requirements for CIIDs will allow you to successfully complete the program without additional penalties.

Requirements & Fees

The company that services your CIID communicates electronically with the state to report the downloaded information from the CIID. The device keeps records automatically, and the report shows if you’ve been using it correctly, if blowing over the limit has shut you out, and if you have tampered with the CIID. Mandatory regular inspections include re-calibration to federal standards set by the NHTSA. The only thing that’s not automatic is the visual inspection – the CIID service company also provides this report to the authorities.

The person who uses the CIID must pay to lease and maintain the device, and for associated downloads. This runs about $80 per month. Damaged or miscalibrated devices may incur additional fees.

Maintenance

A. You must provide the device for regular service and maintenance as instructed. The service provider for the CIID must submit inspection results by required dates, or your car will not start.

B. The CIID will warn you 5 days in advance of a deadline with a warning light or voice telling you to return for service. Service is initially required every 30 days.

Forms and information

The Arizona MVD’s Ignition Interlock Employer Notification Form 96-0242 is required if your job entails driving a company vehicle. Your employer must complete it with you. Conditions are provided that, if followed, allow you to drive the employer’s vehicle without an interlock device.

A “Verification of Installation” form is generated by the device company, and it must be submitted to the Arizona MVD in order for you to use a restricted driver license.

Certified ignition interlock installers can be found on the AZ.gov website. Names on this list are also Certified Ignition Interlock Service Providers. You must use only certified companies to meet your requirements.

Summary

If you are required to use an ignition interlock device (usually for six months on first offense, unless it is an aggravated DUI), it may be a tremendous inconvenience. However, in order to have the device removed as quickly as possible, abide by all of the requirements. In order to gain a complete understanding of DUI laws and requirements in Arizona, consult with an experienced DUI lawyer at Beauchamp Law Office.

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By thoug, January 4, 2010 10:34 am

In late December, 2009, U.S. Senator Frank R. Lautenberg (D-NJ) announced that he and U.S. Senator Tom Udall (D-NM) had proposed new legislation with the support of Mothers Against Drunk Drivers (MADD). The new legislation would make ignition interlock devices (IIDs) mandatory for all individuals convicted of driving drunk in any state, even first-time offenders.

Senator Udall indicated that New Mexico aggressively applied the ignition interlock penalty to all offenders and that the measure has saved lives. He said he believes that “…enacting it nationwide would have the same positive and resounding effect.”

If the proposed legislation is approved and enacted, the federal government may take away part of a state’s transportation funding if they do not adopt and enforce the law’s strict requirements. This would essentially ensure that ignition interlock devices would become a mandatory consequence of DUIs throughout the U.S.

A MADD representative indicated that 50-75% of those with suspended licenses due to DUIs continue to drive anyway. The ignition interlock system, MADD said, allows a person to go to work, school or necessary destinations as long as they have not consumed alcohol.

More specifically, the proposed federal legislation would require any person convicted of DUI to use an IID for six months. Currently, only the following states require IIDs for all drunk driving offenders: Arizona, New Mexico, Utah, Washington, Arkansas, Louisiana, Nebraska, New York, Alaska and Hawaii.

Although some might say IIDs are an unnecessary inconvenience, their merits are quite considerable:

• The Centers for Disease Control (CDC) found through studies that subsequent DUI arrests fell by 73% with the IID installed.
• Drivers using the device had fewer crashes than those driving on suspended licenses.
• A study by the Insurance Institute for Highway Safety showed that convicted drunk drivers who used the ignition interlock device caused 30% fewer fatalities.

If you are seeking legal advice for a DUI in Arizona, you may already be aware of how stringent the laws are in this state. If the Beauchamp Law Office can be of assistance to you, please do not hesitate to utilize our services by calling us today.

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By thoug, December 17, 2009 9:15 am

If you receive a DUI in Arizona, an ignition interlock device is mandatory. And if you understand ignition interlock devices, you can avoid some of the stress associated with having to use them. By reading the below information, you can help assure that you are in compliance, thus avoiding more penalties.

Important Terms and Requirements for Arizona Users of Ignition Interlock Devices

CIID:

A certified ignition interlock device. The device company, installation and service must be authorized by Arizona Motor Vehicle Department (MVD). Using unauthorized products or services, or tampering with devices, can bring further penalties. To obtain certified products and services, see the MVD section of the Arizona Department of Transportation website. Each provider has a toll-free number. They will advise you of costs and installation details.

MVD monitoring:

You must understand all applicable MVD forms and established policies. Ask the MVD or authorized provider if you have questions.

Inspections:

The installer must inspect the device every 30 days for 3 months, and then every other month, until use is completed. You must confirm with the inspector that the device is functioning correctly. If you haven’t followed requirements, the inspector will most likely discover this.

Proof of compliance:

You must provide proof of compliance every 90 days. If you do not, you may lose driving privileges indefinitely, or until you give proof. Although the interlock company usually takes care of this task on your behalf, you may have no recourse if they do not. So, be sure to contact them and verify they have taken care of this every time just before your proof of compliance is due. If not, you can do this on your own.

The Human Aspects Can Be Just as Important as the Terms and Procedures

Try not to let the predicament of using the interlock device lead to further repercussions. Time will pass, and the best way to handle the situation is to willingly follow the rules. The devices can actually be used somewhat discretely if you put in some effort.

Our next blog about ignition interlock devices will provide more specific details about MVD forms, how to prove compliance and how to manage inspections.