I have had the interlock since january.. It is coasting me money and it is a driving distraction.. I'm wandering if my judge the one who convicted me will be able to over turn my year long term.. Im not on probation and i have not had a violation,, Thanks for your time
If the interlock was installed due to a first time DUI in 2012 that was under a .15 you can potentially have it removed in as little as 6 months.
If the DUI was from before 2012 the interlock must remain on for 12 months.
The 12 months is required by law and typically part of the plea. You will not be able to get out of the plea, and the judge is not going to change nothing. The judge has no authority on this issue. MVD has the authority. However, the law states it must be installed for a year.
There are no hardship exceptions.
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If your DUI was after 12/31/11 you could potentially have it removed in as little as six months. However, if your DUI was before that date, you are required to have it on your car for one year pursuant to the statute that existed at the time of your offense. If this was a term of your plea agreement the likelihood of a Judge modifying it is nearly impossible.
However, A.R.S. 28-3319(J) indicates that upon showing of sufficient medical evidence or an employment requirement, the MVD may allow a person who is unable to operate an ignition interlock to be placed on a continuous alcohol monitoring program instead. This was a new change in the law after 12/31/11 however because this is determined by the MVD it may be your best chance. If the MVD allows for this type of modification, you would have to wear a constant alcohol monitor.
Nothing in this web post constitutes legal advice. If you have a legal question please see my main site at <a href="www.dmcantor.com">Phoenix DUI and Criminal Lawyer David M Cantor</a> or call 602-307-0808.