How Many Times Can You Fail an Ignition Interlock Test?  

*For informational purposes only*

Arizona law requires that any person convicted of a DUI in Peoria, AZ have an ignition interlock installed on his or her vehicle. These devices help discourage drunk driving by requiring drivers to blow into a device before they can access the ignition. Failing an ignition interlock device test can result in additional time required to use the device and other penalties.

The length of time you need to have this ignition interlock device on your vehicle depends on the gravity of the offense and your blood alcohol content (BAC). A standard DUI, for example (a BAC of .08 or above), may require an ignition interlock device for 12 months, while a super extreme DUI (BAC of .2 or above) requires an ignition interlock device for 18 months or more.

How Does the Ignition Interlock Program Work in Arizona?

In Arizona, the ignition interlock program is a court-ordered requirement for many DUI offenders, designed to prevent alcohol-impaired driving. The IID, installed in the offender’s vehicle, measures blood alcohol concentration (BAC) and prevents the car from starting if the BAC is above the preset limit, typically 0.02%.

The program also includes random rolling retests, which are tests that prompt the driver to blow into the device while the vehicle is in motion. Failing a rolling retest triggers a temporary lockout and is recorded as a violation. Under the law, three failed or missed rolling retests may lead to a six-month extension of the IID requirement, as noted in Arizona Department of Transportation’s guidelines.

What if Someone Else Fails the Test on Your Device?

If someone else fails a test on your ignition interlock device, you may still be held responsible for the violation. Arizona’s IID program assigns accountability to the vehicle owner or registered user, regardless of who was driving at the time of the failed test. If you allow someone else to operate your car, and they fail an IID test, it can count against your record and potentially lead to penalties like an extension of the IID requirement.

To avoid this, it’s best not to let others drive a vehicle with an IID. Even if the other individual claims to be sober, any BAC detection by the IID could result in a recorded failure. In the state, all IID records are sent to the Arizona Department of Transportation and can impact the vehicle owner’s compliance standing, as enforced under Arizona law.

How Are Ignition Interlock Device Violations Monitored and Enforced in Arizona?

The state closely monitors IID compliance through electronic reporting systems, which track and document every test result, missed test, and tampering attempt. The ignition interlock device automatically logs all interactions, including initial start tests and rolling retests. These data logs are sent to ADOT and any supervising probation officers for review. If repeated violations are detected—such as failed tests or missed rolling retests—ADOT may take action, which could include an extension of the IID requirement or even suspension of driving privileges, as outlined by Mothers Against Drunk Driving.

Arizona law also imposes strict regulations on tampering with or bypassing an IID. Any attempts to interfere with the device may result in immediate legal consequences, as compliance with IID terms is essential for maintaining driving privileges after a DUI conviction.

How many times can you fail this test, and what are the consequences for doing so?

Consequences of Failing an Interlock Device Test

Arizona is known as a zero-tolerance state when it comes to operating under the influence of alcohol. When you receive a charge for drunk driving within the state, you will receive an order to install an interlocking device in your vehicle. There’s no accepted waiting period for this order and you must comply with it immediately. If you don’t install an interlocking device within 30 days, you face an immediate suspension of your license and you might even have to use an ignition interlock device longer than you were originally required.

Failing the Test More Than Once

Most people know their vehicle will fail to start if the ignition interlocking device detects alcohol when the driver blows into it. However, most people don’t realize that blowing into an ignition interlock device with a BAC in excess of .08 on more than two occurrences can lead to an additional six-month period of having the device. This may sound like a harsh punishment but bear in mind that if someone blows more than a .08 into an ignition interlock device, they are attempting to drive drunk.

Failing the Breath Test Three Times

If you blow into your ignition interlock device during your six-month extension and blow more than a .08 in even one instance, your program could extend by yet another six months. In other words, blowing a .08 into your ignition device three times could lead to an extension of more than a year. It’s best to remain compliant and only attempt to drive if you’re sober.

Other violations that could extend the time of your IID include missing the scheduled 90-day calibration appointment, this violation can result in a driver’s license suspension and the IID time frame to restart. Tampering with the device can result in a 6-month extension and/or prosecution and removing the device before you are allowed to could lead to a suspension of your driver’s license and the time frame to have the device installed will start over.

Accidentally Failing an Ignition Interlock Breath Test

An interlock device will not allow a driver to start or re-start a car if they detect alcohol in their breath. However, there are instances where certain foods and other oral hygiene products that are used before taking the test can cause a false positive. Some of these products include:

• Mouthwash
• Bread and other food with high concentrations of yeast
• Energy drinks
• Breath spray
• Some cold and cough medicines

These products contain small quantities of alcohol that could be detected by the interlock device system and flagged as a failed breath test. It is recommended that you rinse your mouth after consuming any of these products or wait a few minutes after consuming them to take the test. If you have not consumed any alcohol and any of these or other products caused you to fail your breath test, contact the agency monitoring your progress to inform them of the situation.

Arizona Department of Transportation Monitoring

It’s important to remember the activity that occurs within your interlocking device will periodically send data to the Arizona Department of Transportation. If any of those reports indicate your failure to comply with the requirements established by your ignition interlocking device program, you could extend your requirements or even lose your license.

The Arizona Department of Transportation describes activities that fail to comply as the following:

• Attempting to tamper with the device
• Attempting to circumvent the requirements (including asking someone else to use the device for you)
• Blowing more than .08 into your interlocking device

The Arizona Department of Transportation takes its ignition interlocking device program very seriously. Failure to comply could lead to harsh penalties, such as revocation of driving privileges in Arizona and extended time frames for using the device. Arizona uses sophisticated technology to enforce compliance, so take steps to ensure your own compliance with the program.

What Happens During an Ignition Interlock Device Calibration Check?

A calibration check ensures that the IID is functioning accurately and records compliance data for Arizona authorities. The law requires regular calibration checks—typically every 30 to 60 days—where a certified technician verifies the device’s accuracy and downloads all stored test data. During the check, they examinates BAC readings, checks for any violations, and recalibrates the sensors if needed. Missing a thus check can itself be a violation and may result in penalties, including a possible extension of the IID requirement.

Can You Remove the Ignition Interlock Device Early if you Comply with All Requirements?

In Arizona, some first-time DUI offenders may qualify for early IID removal after six months of full compliance. This includes passing all required tests, attending calibration checks, and avoiding violations such as tampering. Eligibility depends on the details of the DUI case and compliance history. Individuals with repeated violations generally do not qualify for early removal. Consulting a DUI lawyer can help determine if early removal is an option based on specific case details.

The solution is simple: Never attempt to drink and drive, even if you’ve only had a little bit to drink. The risks to your future are too great. By observing the rules of the program, you can complete your requirements and get back on the path to your normal life within a reasonable time frame. Remember that failing your ignition interlock device test can have serious consequences, even if it’s just a couple of times.

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FAQs for Fail an Ignition Interlock Test

What Legal Actions Can You Take if You Believe an Ignition Interlock Test Failure Was Recorded in Error?

If you believe a test failure was recorded in error, consulting a DUI lawyer may help you dispute the result. Calibration issues or device malfunctions can sometimes lead to false positives, which may unfairly impact your IID compliance record. An attorney may be able to help you prove the error, potentially mitigating penalties or avoiding an IID requirement extension.

How Do Weather Conditions Affect the Functionality of Ignition Interlock Devices?

Extreme weather can impact the accuracy and functionality of IIDs, particularly in Arizona’s hot climate. Excessive heat may cause the device to overheat, while cold temperatures can delay the device’s ability to analyze BAC. Many manufacturers recommend allowing the device to acclimate to extreme temperatures before use to prevent malfunctions or errors. In the state, drivers should be aware of how seasonal weather changes may affect their IID.

What Are the Financial Responsibilities Associated with Repeated Ignition Interlock Failures?

Each failed test may lead to additional costs for Arizona IID users, as violations often come with increased monitoring fees. Besides the initial installation and monthly monitoring expenses, repeated violations can result in penalties or program extensions, which add to the overall cost. Also, every required calibration check and any additional service appointments necessitated by violations can further increase expenses.

How Can Repeated Failures Impact Your DUI Case Progress in Arizona?

Repeated IID failures can jeopardize progress in your DUI case, as Arizona courts view compliance as an indicator of rehabilitation. Consistent failures may lead to an extended IID requirement, possible probation violations, or suspension of limited driving privileges. For individuals on probation, each IID failure could be reported, potentially affecting probation status and leading to additional penalties.

Are There Specific Legal Exemptions to Penalties for Ignition Interlock Failures in Arizona?

The state generally does not allow exemptions for IID penalties due to ignition interlock failures. However, in exceptional cases where the device malfunctioned or a calibration error occurred, a lawyer might be able to argue for leniency. Arizona law is strict on DUI compliance, and each IID failure counts as a violation unless compelling evidence shows the failure was due to circumstances beyond the driver’s control.