Arizona Laws 28-1461. Use of certified ignition interlock devices; reporting
A. If a person‘s driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402:
Terms Used In Arizona Laws 28-1461
- Alcohol: means any substance containing any form of alcohol, including ethanol, methanol, propynol and isopropynol. See Arizona Laws 28-101
- Certified ignition interlock device: means an ignition interlock device that is certified pursuant to article 5 of this chapter. See Arizona Laws 28-1301
- circumvention: means an attempted or successful bypass of the proper functioning of a certified ignition interlock device and includes all of the following:
(a) The bump start of a motor vehicle with a certified ignition interlock device. See Arizona Laws 28-1301
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Drive: means to operate or be in actual physical control of a motor vehicle. See Arizona Laws 28-101
- Driver: means a person who drives or is in actual physical control of a vehicle. See Arizona Laws 28-101
- Driver license: means a license that is issued by a state to an individual and that authorizes the individual to drive a motor vehicle. See Arizona Laws 28-101
- Education: means a program in which a person participates in at least sixteen hours of classroom instruction relating to alcohol or other drugs. See Arizona Laws 28-1301
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Ignition interlock device: means a device that is based on alcohol specific electrochemical fuel sensor technology that meets the national highway traffic safety administration specifications, that connects a breath analyzer to a motor vehicle's ignition system, that is constantly available to monitor the concentration by weight of alcohol in the breath of any person attempting to start the motor vehicle by using its ignition system and that deters starting the motor vehicle by use of its ignition system unless the person attempting to start the motor vehicle provides an appropriate breath sample for the device and the device determines that the concentration by weight of alcohol in the person's breath is below a preset level. See Arizona Laws 28-1301
- Ignition interlock service provider: means a person who is an authorized representative of a manufacturer and who is under contract with the department to install or oversee the installation of ignition interlock devices by the provider's authorized agents or subcontractors and to provide services to the public related to ignition interlock devices. See Arizona Laws 28-1301
- License: means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state pertaining to the licensing of persons to operate motor vehicles. See Arizona Laws 28-1301
- Manufacturer: means a person or an organization that is located in the United States, that is responsible for the design, construction or production of an ignition interlock device and that is certified by the department to offer ignition interlock devices for installation in motor vehicles in this state. See Arizona Laws 28-1301
- Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Screening: means a preliminary interview and assessment of an offender to determine if the offender requires alcohol or other drug education or treatment. See Arizona Laws 28-1301
- Tampering: means an overt or conscious attempt to physically disable or otherwise disconnect the certified ignition interlock device from its power source that allows the operator to start the engine without taking and passing the requisite breath test. See Arizona Laws 28-1301
- Treatment: means a program consisting of at least twenty hours of participation in a group setting dealing with alcohol or other drugs in addition to the sixteen hours of education. See Arizona Laws 28-1301
1. The person shall:
(a) Pay the costs for installation and maintenance of the certified ignition interlock device.
(b) Provide proof to the department of installation of a functioning certified ignition interlock device in each motor vehicle operated by the person.
(c) Provide proof of compliance to the department at least once every ninety days during the period the person is ordered to use an ignition interlock device.
(d) Provide proof of calibration of the certified ignition interlock device to the department at least once every ninety days during the period the person is ordered to use an ignition interlock device.
2. The department shall not reinstate the person’s driving privilege or issue a special ignition interlock restricted driver license until the person has installed a functioning certified ignition interlock device in each motor vehicle operated by the person and has provided proof of installation to the department.
B. While a person maintains a functioning certified ignition interlock device in a vehicle pursuant to this chapter, the ignition interlock manufacturer shall electronically provide the following information to the department in the manner and format prescribed by the department in rule, and the department shall reject any information that does not meet these requirements:
1. Any tampering or circumvention.
2. Any failure to provide proof of compliance or inspection of the certified ignition interlock device as prescribed in this section.
3. Any attempt to operate the vehicle with an alcohol concentration exceeding the presumptive limit as prescribed in section 28-1381, subsection G, paragraph 3 or, if the person is under twenty-one years of age, any attempt to operate the vehicle with any spirituous liquor in the person’s body.
4. Each time that a person fails to properly perform any set of three consecutive rolling retests that occur during a drive cycle.
C. If the person is under eighteen years of age, the ignition interlock service provider, if requested by the person’s parent or legal guardian, shall provide to the person’s parent or legal guardian the information prescribed in subsection B of this section.
D. On request, the ignition interlock manufacturer shall provide the information prescribed in subsection B of this section to:
1. The department of health services authorized provider.
2. The probation department that is providing alcohol or other drug screening, education or treatment to the person.
3. The physician, psychologist, physician assistant, registered nurse practitioner or substance abuse counselor who is evaluating the person’s ability to safely operate a motor vehicle following a revocation of the person’s driving privilege as prescribed in section 28-3315, subsection D.
4. The court.
E. The department shall extend an ignition interlock restricted or limited driver license and the certified ignition interlock device period for six months if the department has reasonable grounds to believe that any of the following applies:
1. The person tampered with or circumvented the certified ignition interlock device.
2. The person attempted to operate the vehicle with an alcohol concentration exceeding the presumptive limit as prescribed in section 28-1381, subsection G, paragraph 3, two or more times during the period of license restriction or limitation.
3. If the person is under twenty-one years of age, the person attempted to operate the vehicle with any spirituous liquor in the person’s body during the period of license restriction or limitation.
4. The person failed to provide proof of compliance or inspection as prescribed in this section.
5. The person attempts to operate the vehicle with an alcohol concentration of 0.08 or more during a six month extension pursuant to this subsection.
6. The person fails to properly perform any set of three consecutive rolling retests that occur during a drive cycle.
F. If the special ignition interlock restricted license is extended pursuant to subsection E of this section, the limitations prescribed in sections 28-1381, 28-1382, 28-1383 and 28-3319 do not begin until the restrictive period of the license ends.
G. The department shall make a notation on the driving record of a person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383, 28-1385 or 28-3319 or restricted pursuant to section 28-1402 that states that the person shall not operate a motor vehicle unless it is equipped with a certified ignition interlock device. Unless the person is convicted of a second or subsequent violation of section 28-1381, 28-1382 or 28-1383, the notation may not include any mark, color change or other notation or indication on the person’s physical driver license.
H. Proof of compliance does not include a skipped or missed random sample if the motor vehicle’s ignition is off at the time of the skipped or missed sample.