ARS 28-1383 (A)(4) DUI Without Required Ignition Interlock Device

Under Arizona law, ARS 28-1383 (A)(4) considers a person guilty of an aggravated DUI if they are convicted of driving without their required IID. 


This page will discuss all you need to know about being charged with ARS 28-1383 (A)(4) in Arizona, including a breakdown of the Penalties, Fees and DUI defenses to help get your charges reduced or even dismissed!


Continue reading below. If you have any questions, contact DUI attorney Arja Shah today.


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Arizona DUI Defense From The Shah Law Firm

Driving under the influence (DUI) is a serious offense in Arizona, made even more significant when in violation of ARS 28-1383 (A)(4)—a statute that involves operating a vehicle without a required Ignition Interlock Device (IID).

This increases the charge of a misdemeanor DUI to a felony DUI, as driving without required IID is an aggravating factor.

In this article, we’ll explore the following topics:

The Shah Law Firm’s experienced DUI defense attorneys are here to help you.




What is an Ignition Interlock Device (IID) as Defined by ARS 28-1383 (A)(4)?

First things first, let’s discuss the IID. Imagine a breathalyzer wired into your car’s ignition system—that is essentially what an IID is.

This device is designed to deter intoxicated driving by requiring the driver to provide a breath sample.

If the IID detects a blood alcohol concentration (BAC) above a predetermined limit (typically 0.02 percent, well below the legal limit), the vehicle won’t start.

Per Arizona Revised Statutes, ARS 28-1381, any individual convicted of a DUI must equip their vehicle with this device, essentially turning their car into a rolling testament to sober driving.

ARS 28-1383 (A)(4) goes one step further, making it a criminal offense to drive a vehicle required to have an IID installed without one.

How Does ARS 28-1383 (A)(4) Affect Arizona Drivers Convicted of DUI?

If you’re an Arizona driver convicted of DUI, ARS 28-1383 (A)(4) carries significant implications.

The court mandates the installation of an IID as part of the offender’s driving reinstatement process.

This requirement underscores the seriousness of a DUI conviction and reinforces the state’s commitment to keeping intoxicated individuals off the road.

Yet, it’s not just about being able to drive again—it’s about a shift in lifestyle.

Installing an IID can impose a daily reminder of past mistakes, as a significant deterrent against reoffending.

However, driving a vehicle without a required IID can lead to more severe consequences, making it essential to comply with the court’s directive.

Who is Required to Install an Ignition Interlock Device under Arizona Law?

According to ARS 28-1381, any individual convicted of a DUI—be it a first-time offense or a subsequent one—must install an IID.

This includes offenses categorized as ‘Extreme DUI’ or ‘Super Extreme DUI’ where BAC levels exceed 0.15 percent and 0.20 percent, respectively.

ARS 28-1383 mandates the installation of an IID for anyone convicted of aggravated DUI.

These laws are extensive, encompassing even those driving under the influence of drugs, with ARS 28-1381(A)(3) and ARS 28-1383(A)(3) covering such circumstances.

For offenders, the Arizona state’s message is clear: impaired driving is not tolerated, and the IID is a tool employed to enforce this stance.

Operating a vehicle without a required IID in Arizona isn’t just a minor infraction—it’s a crime under ARS 28-1383 (A)(4).

Those guilty of this offense face various penalties, including additional jail time, substantial fines, and extended license suspension periods.

If you’re caught driving a vehicle without the court-mandated IID, you can be charged with a class 1 misdemeanor, which carries a maximum penalty of up to six months in jail and a fine of up to $2,500.

Moreover, you can face an extension of the IID requirement.

The penalties underscore the seriousness with which Arizona views DUI offenses and the use of IIDs as a preventative measure.

How Long Does the Ignition Interlock Device Requirement Last Under Arizona Law?

The duration of the IID requirement varies based on the severity of the DUI conviction.

As stipulated by ARS 28-3319, the IID requirement typically lasts for a minimum of 12 months for a first-time DUI offense.

For repeat offenses or more severe DUI convictions, such as an Aggravated DUI under ARS 28-1383, the duration can extend to 24 months or more.

It’s crucial to understand that the clock on this mandate doesn’t start ticking until after any period of license suspension or revocation has ended and the IID is installed.

If you’re caught driving without the device during this period, you’re looking at resetting the clock and imposing additional penalties.

Can I Get an Exception or Exemption to the IID Requirement in Arizona?

While the Arizona law is stringent, there are a few exceptions and exemptions to the IID requirement.

For instance, ARS 28-1461 provides an exemption for individuals who don’t own a vehicle or don’t have access to the vehicle they were driving at the time of the offense.

Financial hardship or medical reasons may also warrant an exemption in some cases, but these are granted on a case-by-case basis and usually require compelling evidence.

However, knowing that these exceptions don’t give carte blanche to drive any vehicle without an IID is crucial.

If you’re granted an exemption and are subsequently caught driving a vehicle without an IID, you can still be charged under ARS 28-1383 (A)(4).

What is the Process of Getting an Ignition Interlock Device Installed in Arizona?

The process of getting an IID installed in Arizona is relatively straightforward. You must first choose an Arizona Department of Transportation (ADOT) approved provider.

Once the device is installed, the provider will give you a receipt, which you must present to the MVD to regain your driving privileges.

As ARS 28-1464 stipulated, a certified provider must calibrate and inspect the device. Failure to comply with these maintenance requirements can result in penalties similar to those for driving without an IID.

What Can Happen if I Tamper with or Bypass an Ignition Interlock Device?

Attempting to tamper with or bypass an IID is a serious violation under Arizona law.

ARS 28-1464 makes it a crime to knowingly tamper with, circumvent, or otherwise interfere with the operation of an IID.

This includes physical tampering with the device and attempting to trick the device with false breath samples.

Penalties for tampering can be severe and may include extended IID installation requirements, additional fines, or even imprisonment.

It’s simply not worth the risk. Always adhere to the stipulated guidelines for using and maintaining your IID.

Top 5 FAQs About ARS 28-1383 (A)(4)

Below are the most common questions we are asked when a person has been arrested and charged with a DUI when driving a vehicle without a mandatory IID installed.

If I’m caught driving a friend's car without an ignition interlock device, does it violate ARS 28-1383 (A)(4)?

Yes. If you are required to have an ignition interlock device installed in your vehicle due to a prior DUI conviction, you must only operate vehicles equipped with this device. Driving a car without one, even if it’s not yours, violates ARS 28-1383 (A)(4).

What if the ignition interlock device is broken or malfunctioning - am I still liable under ARS 28-1383 (A)(4)?

Yes. You must ensure that the ignition interlock device is in proper working order. If the device is malfunctioning, it should be reported and serviced immediately. Failure to do so and operating the vehicle, nonetheless may result in penalties under ARS 28-1383 (A)(4).

Can a DUI charge under ARS 28-1383 (A)(4) affect my employment?

Yes. A felony DUI conviction can impact your employment, especially if your job involves driving. Employers can access public records and may choose not to hire someone with such a conviction. Some professions may also revoke certifications or licenses based on a felony DUI conviction.

What happens if a family member uses my car fitted with an ignition interlock device and gets a DUI? Does it fall under ARS 28-1383 (A)(4)?

ARS 28-1383 (A)(4) applies to individuals required to have an ignition interlock device installed due to their own DUI convictions. If a family member, who isn’t required to use such a device, drives your car and gets a DUI, they will face standard DUI charges, not the elevated charges of ARS 28-1383 (A)(4).

Can ARS 28-1383 (A)(4) charges be negotiated down in plea deals?

It’s possible, but the likelihood of reducing a charge under ARS 28-1383 (A)(4) largely depends on the specifics of your case and the skill of your attorney. A lawyer from The Shah Law Firm, with extensive experience in DUI cases, can potentially negotiate a plea deal to reduce charges and penalties.

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