brian sloan profile picture

What Is Considered A Violation Of The Ignition Interlock Device?

It depends on what the ignition interlock device is for. If someone is convicted of a first-time regular alcohol DUI, they are required to have an ignition interlock device on any vehicle they operate for one year, however, that can be reduced down to six months if they do the first six months correctly. So, doing the first six months correctly means blowing into the device every time it beeps, not testing positive for alcohol more than twice and not testing above a 0.08 even once. If someone is able to fulfill all these requirements, then they are eligible to get their ignition interlock device off six months early, on a first-time regular alcohol DUI.

On every other type of case, if they are required by the Motor Vehicle Division to have an ignition interlock device on their vehicle and if there is any type of violation, that can lead to an extension of their ignition interlock device. There are certain people that have their ignition interlock device on their vehicle for years because of an isolated incident because they keep forgetting to blow or they arrive at a destination when the ignition interlock device is beeping at them telling them to blow into the device and they end up shutting off the car and walking away or they blow into the device and they test positive for alcohol.

The devices are set up so that if someone blows into the device and they test positive for alcohol, there will be another test a few minutes later just to see if it is truly a test for alcohol or if it is something like mouthwash which will dissipate quickly. Some people, if they test positive for alcohol on the first test, they will just say, “I didn’t realize that this was a problem. I’m not going to blow into this a second time” and then that is going to be a violation. Any time that there is an allegation of a violation, the Motor Vehicle Division will notify the ignition interlock device holder, will tell them that there is a violation, that they are eligible to have a hearing if they choose to have a hearing.

It is always a good idea to ask for a hearing, always try to challenge that and be sure that the Motor Vehicle Division has your most updated address because they are just going to send that notification through regular mail.

Can An Attorney Assist With The MVD Hearing?

An attorney can assist in that case. It is a civil attorney that handles Motor Vehicle Division aspects. I just focus on the DUI cases, the criminal aspect of the DUI cases, I do not handle the civil aspect but I believe that there are attorneys out there that specifically concentrate on that. I am not sure if it is worthwhile to have an attorney at one of those hearings but there are certain attorneys that at least, to some degree, focus on doing the civil aspect of the Motor Vehicle Division hearings.

The Most Common Violations Of The Ignition Interlock Device

The most common that I have heard of are people that have to blow into the device to start the vehicle, as they are driving the vehicle, the device will start beeping at them. When they come to a stop sign or a stoplight, they are supposed to blow into it again. When they arrive at their destination, if the device is beeping at them to blow in to the device, even if they have arrived at their destination and they do not plan on driving anymore, they need to. Nonetheless, blow into the device. There are some people that decide, “I’m at my destination and I’m not going to drive anymore. I’m just going to shut off the car and go into the mall” or go wherever they are going and that is a violation.

If that thing beeps, it needs to be blown into. That is the most common one. There are some allegations of people blowing into breath testing devices for other people, which is illegal to blow into a device for another person. However, if you think of the reality of the situation, there are some households that only have one car. If the husband gets a DUI and the wife also drives that car, the wife now has to comply with the ignition interlock device requirements and has to blow into the device to start it and blow into it every time it beeps. Otherwise, the husband is the one that is going to get into trouble. Other people are required to blow into the ignition interlock device and utilize the ignition interlock device but it becomes illegal if the wife were to blow into the device for the husband and then allow the husband to drive away.

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

city view

Call me today for an
‘In Depth’ Free Consultation

brian sloan profile picture
Brian Douglas Sloan


aerial view of arizona
Best DUI Lawyer in Phoenix

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

Top 1%

Top One Percent in the Nation

Superb 10/10

4.9 / 5.0


brian sloan on the cover of attorney at law magazine

“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.

dui attorney brian sloan headshot

Brian Douglas Sloan

DUI Attorney

Free Initial

small mail icon
Email address:
small location icon
2 N. Central Ave Suite 1929
Phoenix, AZ 85004
triangle pattern