July 2012 Archives

No Interlock required for Arizona Marijuana and Illegal Drug DUIs

One of the ironic things about a DUI charge in Arizona was that when someone was convicted of a DUI because of an illegal drug, for example, marijuana, that person would lose his license for year, a total ban, and still have an ignition interlock requirement. 

In other words, even someone who has not had a drop of alcohol to drink in their entire life, imagine a pot smoking hippie who doesn't like the taste of alcohol or an raver using Ecstasy, if convicted of a drug DUI, that person would have to have an interlock device installed for at least a year before getting an unrestricted license. 

The requirement of a year interlock device was on top of the fact the license would be revoked, not suspended, for one year. If someone is convicted of a regular alcohol dui in Arizona, then the license suspension is usually for 90 days. That means the first 30 days the person cannot drive for any reason, but the final 60 days has a restricted license for things like work and school. 

But with the ARS 13-1381(A)(3) illegal drug metabolite charge, the license is lost for one year without any right to a restricted license at all. Fortunately, however, with the recent changes in Arizona DUI laws, Arizona does not automatically require and ignition interlock device if the DUI date of stop was after January 1, 2012 and if upon court ordered alcohol screening and assessment (SASS), the counseling does not believe alcohol treatment is needed. 

However, the same MVD revocation of one year would still apply. That fact is particularly sad as someone who refuses a chemical test altogether is eligible for a restricted license after 3 month suspension upon installation of an ignition interlock device.