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Arizona House Bill 2182: Stricter Laws on Ignition Interlock Device Requirement

Arizona House Bill 2182 makes important changes to Arizona Revised Statutes §§28-1401, 28-1464, 28-3319, and 28-3511. These changes take away a key exception to the driving restrictions of those individuals with special ignition interlock restricted driver licenses.

Prior to H.B. 2182 individuals with special ignition interlock restricted drivers licenses were allowed to operate a motor vehicle that did not have an ignition interlock device under one of two conditions: (1) cases of substantial emergency and (2) individuals with sufficient medical evidence or an employment requirement making the person unable to operate a motor vehicle with an ignition interlock device.

The first exception is still allowed. If a person other than the person whose driving privilege is limited or restricted is not reasonably available to drive in response to an emergency the individual with an ignition interlock restricted driver license may operate a vehicle that does not have an ignition interlock device for the limited purpose of the substantial emergency.

The major change H.B. 2182 makes is taking away the second exception. Previously individuals with sufficient medical evidence or an employment requirement making the person unable to operate a motor vehicle with an ignition interlock device were able to enroll in a continuous alcohol monitoring program in lieu of using an ignition interlock device. This exception under A.R.S §§ 28-1464 and 28-3319 has been removed. H.B. 2182 has the effect of making it so that under no circumstances other than a substantial emergency can an individual with a special ignition interlock restricted drivers license drive a vehicle not equipped with an ignition interlock device.

Under the new law, if your job requires you to drive a company vehicle, and you were to get a DUI requiring you to have an ignition interlock restricted drivers license you would either have to convince your employer to install and maintain an ignition interlock device on your company vehicle –presumably an impossible request for your employer to grant– or you will be stuck looking for a new job that doesn’t require you to drive a company vehicle. This means that if you are a tradesman, construction worker, service representative, the AVON lady, a CEO with a company car, or any other job that requires use of a company vehicle, and you are required to have an ignition interlock restricted drivers license you will most likely be stuck looking for a new job.

If you have been charged with a DUI or Drug related DUI, contact the Arizona criminal defense lawyers at Oracle Law Group Office P.C. for assistance with your criminal case.