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Can Someone Get An Ignition Interlock Device For A Drug Related DUI?

Yes and no! It depends on what year they were arrested. If this was an arrest that took place prior to 2013 regardless of the type of DUI that you were arrested for, if you were convicted of any type of DUI, even if it was solely drugs, you had to have an ignition interlock device on any vehicle you operated. More recently, there have been laws put in place that say that it is possible to not have an ignition interlock device on a vehicle if you are convicted of DUI drugs or medications, but only if you are convicted of DUI drugs and medications under a certain law. Most people who are charged with just a drug DUI, will end up being charged with being impaired to the slightest degree by the use of those drugs and there is a separate charge.

In order to possibly not have to have an ignition interlock device at all, the attorney needs to understand which charge to plead guilty to and what phrase to say to the judge to ensure that they will not have to have an ignition interlock device. The downfall to that is that the person is going to have to have a license revocation for one year and even if things are set up correctly, they will receive notifications telling the person that they are going to have to install an ignition interlock device when they are able to reinstate their license. However, if the attorney knows what they are doing, if they do things correctly, at the end of that one year license revocation, when the person is able to reinstate their license, they would ultimately be told that they do not have to have an ignition interlock device on their vehicle.

There is one instance where it is possible if the attorney knows what they are doing and it is something that has to be done in court at the time of this sentence to prevent the ignition interlock device from being a part of the requirements for the conviction.

Should The MVD Be Notified After Installing An Ignition Interlock Device?

You are going to install the ignition interlock device primarily for the Motor Vehicle Division and also be for the courts. Each court has its own different monitoring requirements. Some courts just want to see a year later that you have installed it and maintained it for a year and they are fine. Other courts may want monthly or quarterly updates. As far as the Motor Vehicle Division is concerned, one of the biggest problems with people is that they decide to take initiative, they decide to install an ignition interlock device on their vehicle, they have read up on the internet, they know that it is going to be required, they take it upon themselves to install one.

The problem is the Motor Vehicle Division will not give you credit for having that ignition interlock device on your vehicle until they tell you to install it. They will not give you credit until your license can, in every other circumstance, be reinstated, be valid. If you have an out of state license, you are told that you are going to have an ignition interlock device but because you have got a DUI here, the other state will be contacted. They are going to suspend your license, the Motor Vehicle Division is not going to give you credit for having that ignition interlock device on your vehicle until you are valid in Arizona and you are valid in the other state and are eligible to reinstate in both states, both your privilege to drive and your license to drive.

The ignition interlock device can get tricky, especially when dealing with out of state people, people with licenses that were issued out of state and people need to understand that it is not going to count for the Motor Vehicle Division until the Motor Vehicle Division tells you to install it. However, that does not also apply to the court. With the court, they do not care whether you are able to drive or not. If you are getting a big chunk of your jail time deleted for agreeing to install the ignition interlock device, they want to see that you have installed one on your vehicle regardless of whether you are actually able to drive that vehicle. There are some people that will have an ignition interlock device on their vehicle simply to satisfy the courts even though it is not counting towards anything else and then later on they are eligible to have that same ignition interlock device double count for the court and once the Motor Vehicle Division sends the person a letter telling them that they have to install one due to a conviction.

For more information on Ignition Interlock Device For A Drug DUI, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 480-900-0384 today.

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Brian Douglas Sloan


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Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

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“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up-to-date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

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