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What Happens If I Fail an Ignition Interlock Device Breath Test While on House Arrest?

Every conviction for DUI in Arizona comes with mandatory incarceration. In many cities, such as Phoenix, Scottsdale, Surprise, Glendale, Peoria, and Goodyear, offer people convicted of DUI the option to serve their jail time under house arrest. If you are under house arrest, you may not leave your home, except for court-approved activities such as going to work, school, or substance abuse treatment. You must wear an electronic monitoring anklet. You may also be required to wear an additional alcohol monitor and/or perform multiple alcohol-breath tests during the day.

The court will inform you of the terms of your house arrest. These are the rules you must follow in order to be on house arrest. If you violate any of the terms, you could be required to serve the remainder of your sentence in jail.

When you are convicted of DUI, you will lose your driving privileges for at least 30 days. When your driving privileges are restored, you will be required to have an ignition interlock device on your vehicle for at least six months. This device requires you to blow into it to determine your blood alcohol level before the vehicle will start and requires you to retest at random intervals while you are driving. If you are under house arrest and your driving privileges have been restored, failing an ignition interlock device breath test could be a violation of the terms of your house arrest.

If you fail a breath test on your ignition interlock device, the company that leased you the device will notify the court, and the court will send two warrant officers to arrest you. You will have a hearing before a judge who will determine if you violated the terms of your house arrest and the consequences of the violation.

You will have the opportunity during your hearing to present evidence to show that you did not violate the terms of house arrest by showing that you failed the ignition interlock device breath test because of a mechanical failure in the machine or a human error in using the machine. It is imperative that you have an experienced Arizona DUI attorney represent you at this hearing to present the best argument on your behalf. You should not be removed from house arrest if you did not violate the terms.

If you have been arrested for DUI or accused of failing an ignition interlock device breath test, please contact an attorney for DUI at Oracle Law Group Office P.C. for assistance with your DUI case.

Photo credit: Elvert Barnes from Flickr